BeSophro Website Terms & Conditions

Website terms of use

BeSophro Limited, a company registered in England and Wales with company number 11326176, whose registered office at 33 Parkway, London, United Kingdom, NW1 7PN (“Operator”) operates the website and web application located at https://be-sophro.com/ (“Website”).

  1. UNDERSTANDING THESE TERMS OF USE
    • These terms of use (“Terms”) describe how you may access and use the Website. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. We recommend that you print a copy of these Terms for future reference.
    • When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
    • In these Terms, when we refer to “we”, “us” or “our”, we mean the Operator; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
    • Please note, however, that certain functions made available on the Website are governed by separate Services and Booking Terms and Conditions (available here) which apply in addition to these Terms. In the event of any conflict between these Terms and the Service and Booking Terms and Conditions, the latter shall prevail.
    • We will use your personal information in accordance with our privacy policy (available here).

  2. THE WEBSITE
    • The Website and all content, materials, text, publications, articles, documents, know-how, files, audio guides, videos, images and software from time to time contained or comprised in the Website including any audio-visual materials or other hard or soft copy materials that are provided to you in the delivery of certain services on it (“Content”) are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
    • You acknowledge that neither the website nor the Content is a substitute for seeking professional medical advice. By accepting these terms, you confirm that you are solely responsible for your health (save for any personal injury or death caused by our negligence). You must always consult your doctor or otherwise obtain medical advice before taking, or refraining from, any action on the basis of content on the website.
    • The Website (excluding paid Content) is made available free of charge. We do not guarantee that the Website, or any Content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, change or restrict the availability of all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the Content on it at any time.
    • You are responsible for making all arrangements necessary for you to have access to the Website and its Content and all associated costs with such access. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
    • If you are a consumer, you may only use the Website for your own domestic, private and non-commercial use.

  3. YOUR ACCOUNT AND PASSWORD
    • You will need to register an account with us on the Website in order to access certain services available on the Website (“Account”). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
    • If you are a business user, you acknowledge and agree that you shall be responsible the Accounts of your employees, workers, consultants and subcontractors (“Representatives”) and shall at all times be liable for the acts and omissions of your Representatives in respect of such Account(s).
    • We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
    • If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected]. You are responsible for any unauthorised use of your Account login details.

  4. ACCEPTABLE USE

General

  • You agree not to: (a) use the Website in any way that breaches these Terms or any applicable local, national or international laws or regulations; (b) copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or (c) do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website. You agree that you shall not: (a) use the Website and/or Content to develop or provide, directly or indirectly, any product or service that competes with our business, services, Website and/or Content, or the services or business of any of our affiliated companies; (b)use the Website and/or Content in any way which might infringe any third party rights, including third party intellectual property rights; (c)  use the Website and/or Content in any way that is contrary to applicable law, rules and regulations; or (d) modify, decompile, or reverse engineer (except as permitted by law), any software supplied or used as part of, or in connection with, the Website and/or Content.

User Generated Content

  • If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content”) must comply with the following rules: (a) it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone; (b) it must not harass or bully another person; (c) it must be true and honest so far as you are aware; (d) it must not be defamatory of anyone; (e) it must not use the material or content or infringe the rights or privacy of anyone else (for example you should not use images of well-known characters, footage or music (unless it is your own)); (f) it must not contain someone else’s personal details or confidential information relating to other people; and (g) it must not promote or condone terrorism, violence or illegal behaviour.
  • We reserve the right to refuse to accept or refuse, remove or cease to use any User Generated Content supplied by any person that we think contravenes these rules.

Interactive Services

  • In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation: (a) comment facilities; (b) chat rooms; and/or (d) bulletin boards, (together, “Interactive Services”).
  • Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
  • 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. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Viruses

  • We do not guarantee that the Website (and any Content that you access or download) will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website (and Content) and we recommend that you use your own virus protection software.
  • You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or otherwise harmfully interacting with our Website or any part of it. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or any other equipment or network connected with our Website. You must not interfere with, damage, or disrupt any software used in the provision or our Website or any equipment or network or software owned or used by any third party on which this Website relies in any way. You must not attack the 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 the Website will cease immediately.

  1. INTELLECTUAL PROPERTY
    • We are the owner or licensee of all intellectual property rights in the Website and its Content, and the BeSophro name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
    • You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its Content) for commercial purposes without obtaining a written licence to do so from us or our licensors; however, you may download material made available to You from the Website solely for non-commercial, personal use by you.
    • No part of the Website, including, without limitation, the text, designs, graphics, photographs, audio guides and images contained in it and any other Content, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
    • The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms of that third party website. We have no responsibility for any aspect of third party websites.

  2. OUR LIABILITY

Whether you are a consumer or business user:

  • Nothing in these Terms excludes or limits our liability for:
    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation; and
    • any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of goods and/or services to you, which will be set out in our Service and Booking Terms and Conditions.

If you are a consumer:

  • Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
  • We only supply the Website for domestic and private use. You agree not to use the Website, or any Content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
  • We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  • We have no liability to you in respect of User Generated Content that is uploaded to the Website by you or any third party.
  • We are not responsible for losses you suffer caused by us breaching this contract unless the loss is:
    • unexpected;
    • caused by a delay outside our control; and/or
    • avoidable (something you could have avoided by taking reasonable action)

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or the Content.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any Content.
  • In particular, but without limitation, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  1. SUSPENSION AND TERMINATION
    • If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
      • issue a warning to you;
      • temporarily or permanently remove any User Generated Content uploaded by you to the Website;
      • temporarily or permanently withdraw your right to use the Website;
      • suspend or terminate your Account;
      • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
      • take further legal action against you; and/or
      • disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
  1. NO TEXT OR DATA MINING, OR WEB SCRAPING
    • You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any Content provided via, or in relation to, our Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
      • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or any data, Content, information or services accessed via the same.
      • Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
      • The provisions in this clause 8.1 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
    • You shall not use, and we do not consent to the use of, our Website, Content, or any data published by, or contained in, or accessible via, our Website or any services provided via, or in relation to, our Website for the purposes of developing, training, fine-tuning or validating any AI system or model.
    • This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

  2. CHANGES TO THESE TERMS
    • We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.

  3. OTHER IMPORTANT INFORMATION
    • Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  4. GOVERNING LAW AND JURISDICTION
    • If you are a consumer, please note that these Terms are governed by the laws of England and Wales. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    • If you are a consumer based in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident and you may make a claim in the courts of the country where you reside. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
    • If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

  5. CONTACTING US

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:

Address: BeSophro Limited, 33 Parkway, London, United Kingdom, NW1 7PN

Email address: [email protected]

Telephone number: 0044 (0)20 78136523

Thank you.

Website Terms of use last updated November 2024