Terms and conditions of use
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 If you register with our website, submit any material to our website or
use any of our website services, we will ask you to expressly agree to
these terms and conditions.
1.3 Our website uses cookies; by using our website or agreeing to these
terms and conditions, you consent to our use of cookies in accordance with
the terms of our privacy and cookies policy.
2. Copyright notice
2.1 Copyright (c) 2016 until today – bengal-data.com .
2.2 Subject to the express provisions of these terms and conditions:
(a) we own and control all the copyright and other intellectual property
rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website
and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website; and
(d) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of
these terms and conditions, you must not download any material from our
website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes, and you
must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must
not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must
not:
(a) republish material from our website (including republication on another
website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial or a legal purpose;
or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or
indeed our whole website, at our discretion; you must not circumvent or
bypass, or attempt to circumvent or bypass, any access restriction measures
on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may
cause, damage to the website or impairment of the performance, availability
or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity;
(c) use our website 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, rootkit or other
malicious computer software;
(d) 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;
(e) access or otherwise interact with our website using any robot, spider
or other automated means, except for the purpose of search engine indexing;
(f) use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing
and direct mailing.
4.2 You must not use data collected from our website to contact
individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our
website, or in relation to our website, is true, accurate, current,
complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an account on our website under this Section 5, you
must be a registered cat breeder.
5.2 You may register for an account with our website by completing and
submitting the account registration form on our website, and clicking on
the verification link in the email that the website will send to you.
5.3 You must not allow any other person to use your account to access the
website.
5.4 You must notify us in writing immediately if you become aware of any
unauthorised use of your account.
5.5 You must not use any other person's account to access the website.
6. User login details
6.1 If you register for an account with our website, you will be asked for
your registered Catteryname, to choose an username, a valid email address
only you can access and a secure password.
6.2 You must keep your password confidential.
6.3 You must notify us in writing immediately if you become aware of any
disclosure of your password.
6.4 You are responsible for any activity on our website arising out of any
failure to keep your password confidential, and may be held liable for any
losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may suspend or cancel your account at any time in our sole
discretion without notice or explanation.
7.2 You may cancel your account on our website. Contact us with the options
listed in section 19.3.
8. Your content: licence
8.1 In these terms and conditions, "your content" means all works and
materials (including without limitation text, graphics, images) that you
submit to us or our website for storage or publication on, processing by,
or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free
license to use, reproduce, store, adapt and publish your content on and in
relation to this website and any successor website.
8.3 You grant to us the right to sub-license the rights licensed under
Section 8.2.
8.4 Without prejudice to our other rights under these terms and conditions,
if you breach any provision of these terms and conditions in any way, or if
we reasonably suspect that you have breached these terms and conditions in
any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these
terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any
person's legal rights, and must not be capable of giving rise to legal
action against any person (in each case in any jurisdiction and under any
applicable law).
9.3 Your content, and the use of your content by us in accordance with
these terms and conditions, must not:
(a) be untrue, false, inaccurate or misleading
(b) infringe any copyright, database right, trade mark right, right in
passing off, or other intellectual property right;
(c) infringe any right of confidence, right of privacy or right under data
protection legislation;
(d) constitute spam.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our
website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website
services, and to stop publishing our website, at any time in our sole
discretion without notice or explanation; and save to the extent expressly
provided otherwise in these terms and conditions, you will not be entitled
to any compensation or other payment upon the discontinuance or alteration
of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to
Section 10.1, we exclude all representations and warranties relating to the
subject matter of these terms and conditions, our website and the use of
our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will exclude any liabilities
that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11
and elsewhere in these terms and conditions govern all liabilities arising
under these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.
11.3 To the extent that our website and the information and services on our
website are provided free of charge, we will not be liable for any loss or
damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of
any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of
any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or
consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability
of our team and, having regard to that interest, you acknowledge that we
are a limited liability entity; you agree that you will not bring any claim
personally against our team or its members in respect of any losses you
suffer in connection with the website or these terms and conditions.
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and
conditions, if you breach these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) commence legal action against you, whether for breach of contract or
otherwise; and/or
(f) suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a
part of our website, you must not take any action to circumvent such
suspension or prohibition or blocking, including (without
limitation)creating and/or using a different account.
13. Variation
13.1 We may revise these terms and conditions from time to time.
13.2 We will give you written notice of any revision of these terms and
conditions, and the revised terms and conditions will apply to the use of
our website from the date that we give you such notice; if you do not agree
to the revised terms and conditions, you must stop using our website.
13.3 If you have given your express agreement to these terms and
conditions, we will ask for your express agreement to any revision of these
terms and conditions; and if you do not give your express agreement to the
revised terms and conditions within such period as we may specify, we will
disable or delete your account on the website, and you must stop using the
website.
14. Assignment
14.1 You hereby agree that we may assign, transfer, sub-contract or
otherwise deal with our rights and/or obligations under these terms and
conditions.
14.2 You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or obligations
under these terms and conditions.
15. Severability
15.1 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.
15.2 If any unlawful and/or unenforceable provision of these terms and
conditions 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.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and
your benefit, and is not intended to benefit or be enforceable by any third
party.
16.2 The exercise of the partie's rights under a contract under these terms
and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, together with our
privacy and cookies policy, shall constitute the entire agreement between
you and us in relation to your use of our website and shall supersede all
previous agreements between you and us in relation to your use of our
website.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in
accordance with Swiss law.
18.2 Any disputes relating to these terms and conditions shall be subject
to the exclusive jurisdiction of the courts of Switzerland.
19. Our details
19.1 This website is owned and operated by Boris Ehret.
19.3 Our principal place of business is at Kneubühl 3, 6208 Oberkirch,
Switzerland.
19.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by E-Mail to: contact (at) Bengal-Data.com
In order to link a cat with the bengal-data.com database, we only need the
following information: the complete name of the cat, the name of the father
and the mother, the date of birth, the sex, the color, the registration
number. Personal data concerning the breeder or the current or former owner
of the cat shall never be linked to the animal or otherwise published or
passed on or stored on a server of the bengal-data project. I agree to
support actively the bengal-data project and therefor I allow the
bengal-data project to irrevocably publish aforementioned information of
all my Bengal cats (the cats I bred and/or the cats I own).
Privacy and cookies policy
1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors;
in this policy we explain how we will treat your personal information.
1.2 By using our website and agreeing to this policy, you consent to our
use of cookies in accordance with the terms of this policy.
2. Collecting personal information
2.1 We may collect, store and use the following kinds of personal
information:
(a) information about your computer and about your visits to and use of
this website (including your IP address, geographical location, browser
type and version, operating system, referral source, length of visit, page
views and website navigation paths);
(b) information that you provide to us when registering with our website
(including your cattery name and your email address);
(c) information that you provide to us when using the services on our
website;
(g) information that you post to our website for publication on the
internet (including your user name and the content of your posts);
(h) information contained in or relating to any communication that you send
to us or send through our website (including [the communication content and
metadata associated with the communication).
2.2 Before you disclose to us the personal information of another person,
you must obtain that person's consent to both the disclosure and the
processing of that personal information in accordance with this policy.
3. Using personal information
3.1 Personal information submitted to us through our website will be used
for the purposes specified in this policy or on the relevant pages of the
website.
3.2 We may use your personal information to:
(a) administer our website;
(b) enable your use of the services available on our website;
(c) send you email notifications that you have specifically requested;
(d) provide third parties with statistical information about our users (but
those third parties will not be able to identify any individual user from
that information);
(e) deal with enquiries and complaints made by or about you relating to our
website;
(f) keep our website secure and prevent fraud; and
(g) verify compliance with the terms and conditions governing the use of
our website.
3.3 We will not, without your express consent, supply your personal
information to any third party for the purpose of their or any other third
party's direct marketing.
4. Disclosing personal information
4.1 We may disclose your personal information to any of our officers or
professional advisers insofar as reasonably necessary for the purposes set
out in this policy.
4.3 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including
providing information to others for the purposes of fraud prevention and
reducing credit risk);
(d) to any person who we reasonably believe may apply to a court or other
competent authority for disclosure of that personal information where, in
our reasonable opinion, such court or authority would be reasonably likely
to order disclosure of that personal information.
4.4 Except as provided in this policy, we will not provide your personal
information to third parties.
5. International data transfers
5.1 Information that we collect may be stored and processed in and
transferred between any of the countries in which we operate in order to
enable us to use the information in accordance with this policy.
5.2 Personal information that you publish on our website or submit for
publication on our website may be available, via the internet, around the
world. We cannot prevent the use or misuse of such information by others.
5.4 You expressly agree to the transfers of personal information described
in this Section 5.
6. Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure,
which are designed to help ensure that we comply with our legal obligations
in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes shall
not be kept for longer than is necessary for that purpose or those
purposes.
6.3 Notwithstanding the other provisions of this Section 6, we will retain
documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or
prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including
providing information to others for the purposes of fraud prevention and
reducing credit risk).
7. Security of personal information
7.1 We will take reasonable technical and organisational precautions to
prevent the loss, misuse or alteration of your personal information.
7.2 We will store all the personal information you provide on our secure
(password- and firewall-protected) servers.
7.3 You acknowledge that the transmission of information over the internet
is inherently insecure, and we cannot guarantee the security of data sent
over the internet.
7.5 You are responsible for keeping the password you use for accessing our
website confidential.
8. Amendments
8.1 We may update this policy from time to time by publishing a new version
on our website.
8.2 You should check this page occasionally to ensure you are happy with
any changes to this policy.
9. Your rights
9.1 You may instruct us to provide you with any personal information we
hold about you; provision of such information will be subject to:
(a) the supply of appropriate evidence of your identity.
9.2 We may withhold personal information that you request to the extent
permitted by law.
9.3 You may instruct us at any time not to process your personal
information for marketing purposes.
10. Third party websites
10.1 Our website includes hyperlinks to, and details of, third party
websites.
10.2 We have no control over, and are not responsible for, the privacy
policies and practices of third parties.
11. Updating information
11.1 Please let us know if the personal information that we hold about you
needs to be corrected or updated.
12. Cookies
12.1 Our website uses cookies.
12.2 A cookie is a file containing an identifier (a string of letters and
numbers) that is sent by a web server to a web browser and is stored by the
browser. The identifier is then sent back to the server each time the
browser requests a page from the server.
12.3 Cookies may be either "persistent" cookies or "session" cookies: a
persistent cookie will be stored by a web browser and will remain valid
until its set expiry date, unless deleted by the user before the expiry
date; a session cookie, on the other hand, will expire at the end of the
user session, when the web browser is closed.
12.4 Cookies do not typically contain any information that personally
identifies a user, but personal information that we store about you may be
linked to the information stored in and obtained from cookies.
12.5 We use both session and persistent cookies on our website.
12.6 Our website uses the web analysis service PIWIK. To carry out this
analysis, PIWIK uses cookies. Cookies are small text files that are stored
to your computer and provide analysis of your use of the site. The
information generated by these cookies, such as time, place and frequency
of your visits to our site, including your IP address, are transmitted to
our PIWIK server and stored there. As part of this process, you IP address
is immediately anonymized so that you as user remain anonymous to us.
12.7 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 11) you can block cookies using the
cookie handling override settings available by clicking "Tools", "Internet
Options", "Privacy" and then "Advanced";
(b) in Firefox (version 47) you can block all cookies by clicking "Tools",
"Options", "Privacy", selecting "Use custom settings for history" from the
drop-down menu, and unticking "Accept cookies from sites"; and
(c) in Chrome (version 52), you can block all cookies by accessing the
"Customise and control" menu, and clicking "Settings", "Show advanced
settings" and "Content settings", and then selecting "Block sites from
setting any data" under the "Cookies" heading.
12.8 Blocking all cookies will have a negative impact upon the usability of
many websites.
12.9 If you block cookies, you will not be able to use all the features on
our website.
12.10 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 11), you must manually delete cookie
files (you can find instructions for doing so at
http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11
);
(b) in Firefox (version 47), you can delete cookies by clicking "Tools",
"Options" and "Privacy", then selecting "Use custom settings for history"
from the drop-down menu, clicking "Show Cookies", and then clicking "Remove
All Cookies"; and
(c) in Chrome (version 52), you can delete all cookies by accessing the
"Customise and control" menu, and clicking "Settings", "Show advanced
settings" and "Clear browsing data", and then selecting "Cookies and other
site and plug-in data" before clicking "Clear browsing data".
12.11 Deleting cookies will have a negative impact on the usability of many
websites.
13. Our details
13.1 This website is owned and operated by Boris Ehret.
13.2 Our principal place is at Kneubühl 3, 6208 Oberkirch, Switzerland.
13.3 You can contact us:
(a) by post, using the postal address given above,
(b) using our website contact form (Options->Contact),
(c) by E-Mail to: contact (at) Bengal-Data.com.