Terms and Conditions

Our Details

'We', 'us' and 'our' means The Butterfly Bank, a trading name of Strawberry Change Limited. A registered Limited company in England and Wales (registered company number 8569170). Our registered office is The Little House, Heather Hill Close, Earley, Wokingham, RG6 7EF.

1.0 Introduction

These are the legal terms and conditions that govern your use of The Butterfly Bank website and online services; by using our website, you accept these terms and conditions in full and will be bound by them. If you do not agree with any of these terms and conditions we do not grant you permission to use our website. If you have any questions you can contact us as set out below.

2. Licence to use website

Unless otherwise stated, we own all of the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

Republish material from this website (including republication on another website)
Sell, rent or sub-license material from the website;
Show any material from the website in public unless otherwise previously agreed or as part of the overall agreed use of the website;
Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose unless otherwise agreed prior to use as part of the overall agreed use of the website;
Edit or otherwise modify any standard material on the website; or
Redistribute material from this website except for content specifically and expressly made available for redistribution

3.0 Acceptable use

You must use our website in a considerate and responsible manner. You are not allowed to use our online services as detailed below;

In any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
In any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website;
In any way that could damage or disrupt another user's computer;
To copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software;
To conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
To transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety to anyone else;
As a means to threaten, stalk, harass, abuse or insult anyone else;
In a way that violates or infringes the rights of anyone else, for example other people's copyright or right to privacy;
To create a false identity that misleads others about the identity of the sender or the origin of a message, for example you must not impersonate an employee of The Butterfly Bank or another user or company;
To transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials, for example junk mail, spam, chain letters, pyramid schemes or other similar materials;
To make available in any way (for example by linking) any material which would amount to a breach of these terms if you had posted it directly, or which contains any virus or other harmful code, or which may otherwise harm our website or our computer systems or any third party computer system;
Exploit the materials available on the website for any commercial purpose unless otherwise agreed prior to use;
In any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.

We provide our online services (and the information and materials on those service) solely for your personal and private use as part of The Butterfly Bank services provided to you. The information and materials must not be used for any other purpose without our express written permission. For example, you are not allowed to copy, transfer, transmit or reverse engineer anything available on our website without our prior written consent.

The material and information provided by us and other third parties on our website is protected by intellectual property rights including copyright, design rights and trademarks. Nothing in these terms gives you any rights of ownership in that material or information and you may only use that material and information in accordance with these terms.

4.0 Restricted access

Access to certain areas of the website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

When you register you must provide us with true, current and complete information about yourself as set out in the registration form. On registration you will need to choose a password and a user name for your login. You are entirely responsible for keeping your password and other account details secret. You will be responsible for all activity that occurs under your account by another person if you fail to take reasonable measures to keep your account details secret. You agree to notify us immediately if you know of any unauthorised use of your account or any other breach of security and to exit from your account at the end of each session.

These security measures are important and we cannot take any responsibility for inconvenience, loss or damage you suffer as a result of failing to comply with them. We may disable your user name and password in our sole discretion without notice or explanation.

5.0 User generated content

In these terms and conditions, 'your user content' means material (including without limitation text, images and visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

6.0 Limited warranties

Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill)

7.0 Limitations of liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or in connection with these terms and conditions, whether in contract, tort (including negligence), statutory duty or otherwise, will be limited as follows:

To the extent that the website and the information and services on the website are provided free-of charge, we will not be liable for any loss or damage of any nature;
We will not be liable for any personal injury gained through undertaking any promoted action. Where activities are ‘provided' such as volunteering days, liability will be dealt with separately by activity providers;
We will not be liable for any consequential, indirect or special loss or damage;
We will not be liable for any loss or damage that was unforeseeable;
We will not be liable for any loss related to a business or commercial undertaking;
We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data or information;
We will not be liable for any loss or damage that is caused by loss of data or computer virus;
We will not be liable for any loss or damage suffered by third parties who are not users of our website;
We will not be liable for any damage or losses that are due to your fault, for example if you have provided incorrect information to us, where you erase an element of the online service provided to you or you fail to comply with the instructions for use of our website as explained by us.
We will not be liable in respect of infringement of rights arising as a result of a third party linking to our website and causing our content to be viewed within the pages of any other website
We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
Our maximum liability in relation to any one event will be limited to £10,000.
If you have a claim against another user of our website you will pursue that claim independently and without recourse to us.

8.0 Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal adviser incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

9.0 Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

You will be required to compensate us in full for all of our losses caused by your misuse of our website, including losses we suffer by virtue of someone else bringing a claim against us in respect of such misuse.

10.0 Further Information

10.1 Personal Information

We will comply with applicable UK data protection legislation and the personal information you submit to the website will be used for the purposes and in the manner set out in our Privacy Policy or as stated at the time the information is requested.

You can amend or remove all your personal information via our website or you can request for all of your personal information to be removed from our databases by submitting your name, user name and email address to us via our contact details below.

10.2 Complaints

If you want to make a complaint about any part of our website or if you think your or someone else's intellectual property or other rights have been infringed by our website you can do so by submitting full details using our email contact details below.

11.0 Variation

11.1 Revision

We may revise these terms and conditions from time-to-time. For example to reflect changes in the law, changes in the type of services or information we provide to you through this website or to correct errors in these terms. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website which will be stated at the bottom of the updated document. Please check this page regularly to ensure you are familiar with the current version.

If you continue to use our online services after our terms change you will be bound by those changes.

11.2 Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

11.3 Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12.0 Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

13.0 Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

14.0 Contact details

You can contact us by email at hello@thebutterflybank.co.uk or by post to The Butterfly Bank, Strawberry Change Ltd, The Little House, Heather Hill Close, Earley, Wokingham, RG6 7EF.

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