Information about us
Our Website is owned and operated by Digital Fish Limited (“DF”, “our”, “we”, or “us”), Company Number 07683254. Our registered address is 22 Snells Nook Lane, Loughborough LE113YA.
Accessing our site
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our Website or the service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Subject to the provisions of Terms and Conditions of Services, you may print off one copy, and may download extracts, of any page(s) from Our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on Our Website must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary, advertising, entries and other materials posted on Our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Website, or by anyone who may be informed of any of its contents.
You agree that you must evaluate, and bear all risks associated with, the use of any content on Our Website, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content posted on our Website which have been created by DF, submitted to DF, or posted by users or other third parties (including without limitation: commentary, advertising, entries and any other materials and information).
The views and opinions of authors expressed on Our Website do not necessarily state or reflect those of DF and they may not be used for advertising or product endorsement purposes.
When visiting Our Website, your web browser may produce pop-up advertisements. These advertisements were most likely produced by other websites you visited or by third party software installed on your computer. DF does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting Our Website.
Our Website changes regularly
We aim to update Our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on Our Website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy, quality of information, completeness or usefulness. We do not endorse or recommend any commercial products, processes or services. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of services formed through our website or as a result of visits made by you are governed by our Terms and Conditions of Services these can be found on our Benchmark54 services website [https://app.benchmark54.com under the terms and conditions of service section].
Uploading material to our Website
Whenever you make use of a feature that allows you to upload material to Our Website, or to make contact with other users of Our Website, you must comply with our content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Website.
We have the right to remove any material or posting you make on Our Website if, in our opinion, such material does not comply with the content standards set out below.
Viruses, hacking and other offences
You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of Our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out below.
If you wish to make any use of material on Our Website other than that set out above, please address your request to firstname.lastname@example.org.
Links from our site
Where Our Website contains links to other sites and resources provided by third parties or users, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may use Our Website only for lawful purposes. You may not use Our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our Website;
- any equipment or network on which Our Website is stored;
- any software used in the provision of Our Website; or
- any equipment or network or software owned or used by any third party.
Our content standards apply to any and all material which you contribute to Our Website (“Contributions”), and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We may from time to time provide interactive services on Our Website, including, without limitation: chat rooms and bulletin boards (“Interactive Services”).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on Our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on Our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Suspension and termination
- Immediate, temporary or permanent withdrawal of your right to use Our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We have takes steps to ensure that any information provided to us through the use of Our Website is safe and secure. Please refer to our Privacy and Cookies Policy [www.benchmark54.com privacy and cookies policy] for further information.
Jurisdiction and applicable law
“Digital Fish” and “Benchmark54” are trademarks of Digital Fish Limited.
If you have any concerns about material which appears on Our Website, please contact email@example.com.
Thank you for visiting Our Website.