TERMS AND CONDITIONS

General terms and conditions for usage of the bucklandparklake.co.uk websites and their content.

When you use our websites like https://www.bucklandparklake.co.uk/, and other websites we own, you are agreeing to a set of terms and conditions (“terms” or “terms of use”) that apply to your interaction with those websites.

These terms cover matters like how you can use the websites and content within them, ownership of the content and our liability.

If you don’t agree to the terms the below, then please do not use the websites.

These terms are different to our privacy policy, which tells you about how we collect information and how we use it and protect you and us, and from our Ticketing Terms & Conditions, which deal with buying tickets and entry to Buckland Park Lake.

Terms

These terms apply to the content of the website under the domain name “https://www.bucklandparklake.co.uk/” and any associated sub-domains and websites facilitated and branded by Buckland Estate (the “Website”).

The Website is operated by Dungates Farms Limited (“we”, “us” or “our”). We are a private limited company whose principal place of business is Buckland Estate Office, Lawrence Lane, Buckland, Betchworth, Surrey RH3 7BE.

When we use the term, “Buckland Estate” this is a brand name for Dungates Farms Limited. This brand also includes the following affiliates of Dungates Farms Limited: Dungates Sporting Limited, Frith Park Farm Limited and Underhill Farm Estates Limited. These entities share the same principal place of business as Dungates Farms Limited, which sometimes uses the services, and/or acts on behalf of, these three entities, including in relation to the Website. Accordingly, these three entities may also rely upon and take the benefit of these terms.

Some of the information contained in these terms may be superseded by terms or notices published elsewhere on our Website. Additional terms, for example relating to ticket conditions, participation in particular activities at Buckland Park Lake or operational rules in effect at Buckland Park Lake, apply in addition to, and should be read together with, these terms and together they make up our agreement with you. If there is an inconsistency, the additional terms prevail.

These terms may be amended at any time. You should check this page regularly to see if anything has changed, as it will apply to your use of the Website.

Availability of our Website

We can’t guarantee that the Website will always be available or be uninterrupted.

We may have to suspend or withdraw, amend, update or restrict the availability of all or any part of the Website at any time without giving advance notice. We are not liable if, for any reason, the Website is unavailable or out of date at any time or for any period.

Prohibited Uses

You can only use our site for lawful purposes. You can’t use our site:

• 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;
• in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience anyone which might restrict or inhibit the use and enjoyment of the Website by anyone;
• to send, or procure the sending of, spam – that is any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
• to knowingly send 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;
• in any way that causes interruption or damage to the Website or renders it impaired or less efficient;
• to disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services); or in any way that might bring us, any of our employees, volunteers or affiliates into disrepute.

Intellectual property rights

The term “intellectual property rights” refers to ownership of creative material, like the things we write, make, produce, design or invent.

We are the owner or the licensee of all intellectual property rights in our Website and in the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Nothing contained in the Website shall be considered as granting any licence or as a given right to use any trademark owned by us. This also applies to any third-party intellectual property displayed on our Website. Any usage will require either our prior written permission or that of any third-party owner. Any misuse of trademarks on our Website by you is strictly prohibited.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you would like to discuss licensing arrangements, please contact us at hello@bucklandparklake.co.uk.

You must always acknowledge us and any other identified contributors as authors of content on our Website.

Links

We are happy for you to link to our home page, provided it is in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not suggest any form of association, approval or endorsement on our part if none exists. You must not link to our home page from any website that is not owned by you.

We reserve the right to prohibit or restrict the framing of our Website on any other website, including by the creation of any link to any part of our Website. Where any such practice is permitted, we reserve the right at any time to require you to enter into a separate licence agreement with us.

Our Website may contain links to third party websites that are not owned or controlled by us. These links are provided for your information and convenience of access only and you visit them at your own risk. We are not responsible for the contents of those sites or resources, and so have no control of them. Use of links on our site doesn’t mean we are endorsing the linked sites, and we are not liable for any loss or damage that may occur from your use of them.

Separate terms for purchase of goods and services

You may be able to purchase goods or services on our Website.

When doing this, there are separate terms that apply to your use of these services or purchase. These terms will be clearly identifiable.

Please note that in some circumstances you might be entering into a contract with a third party rather than us.

We will clearly notify you should this be the case and we urge you to read any third-party terms carefully before placing any orders for goods and/or services to ensure you are fully aware of the terms relating to that specific transaction.

Reliance on content

The content on the Website is provided for your general information only. Although we try to maintain the accuracy of information on the Website, content may not be accurate and complete and is provided ‘as is’. Commentary and other materials posted on our Website are therefore not intended to amount to advice on which reliance should be placed. All information on the Website is necessarily subject to change, sometimes at short notice.

Following or acting on any sort of content is done at your own risk. We do not therefore accept any liability or responsibility from any reliance you place on such materials, or by anyone who may be informed of any of its contents.

We may provide information on nature and on plants and their qualities, as well as information on the benefits of outdoor activities. Such information should not be considered to be medical advice or any recommendation to try or use any of the remedies described. This content is not a substitute in any way for the advice of a qualified medical practitioner.

User generated content

If you have created something and make it available to us, then you have provided ‘user generated content’.

Unless otherwise agreed in writing at the time, you will retain copyright in artistic or literary work, including, but not limited to, photographs, images, artwork, audio or text that you submit, post, email or otherwise send to us or our Website. When you do provide it to us, you agree that we may use and publish that content for any purposes and for an unlimited period of time on any channel and in any medium, including websites and social media channels managed by us, for no fee.

When you provide that content, you are also confirming that you have obtained the permission of any people who are clearly featured in photographs, digital images, artistic, audio or literary works for their photo, likeness or description to be shared with us and published.

Where possible and reasonable, we will credit your artistic and literary works with your name, but not where this is not feasible (for example, on Twitter where characters are limited).

Our liability

Us to you

We shall not be liable to you for any loss or damage (other than that which cannot by law be excluded) you may suffer (irrespective of whether it arises due to our failure, error or delay) as a result of:

• our having acted upon your instruction or following receipt of any information from you;
• any misuse or abuse of the Website by you or anyone else;
• your personal information having been disclosed to someone else (other than due to our having so disclosed it); or
• our being unavailable for whatever reason.

We shall not be liable to you in any circumstances for any loss or damage (other than that which cannot by law be excluded) that:

• is not direct;
• is beyond our reasonable control; or
• we could not reasonably foresee.

Any liability we may have to you will be limited to the actual amount of any loss or damage you incur or suffer. We shall not be liable for any indirect or consequential loss or damage incurred by you including, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of data, goodwill, wasted management or office time; or for any other loss or damage of any kind, however arising, whether in contract, tort, breach of statutory duty or otherwise.

We aim to update the Website regularly. However, we do not warrant that the content of the Website or the products and services featured are available (either as featured or at all). The content of and the products and services featured on the Website are subject to change at any time without notice.

We do not seek to exclude or restrict liability for death or personal injury resulting from our negligence.

You to us

You will be liable to us for (and agree to indemnify us against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings we directly or indirectly incur or which are brought against us if you have:

• acted fraudulently;
• been negligent;
• misused or abused the Website; or
• breached your agreement with us.

You will be liable for any loss even if the instructions were not given by you except:

• in the case of a fraud to which you were not a party (unless you have failed to make any required notification);
• if you are able to prove a relevant failing on our part; or
• we have acted in error.

Generally

We shall not be liable for any errors or delay or failure if this is due to anything beyond our control; for example:

• industrial action;
• fire, flood, explosion, pandemic, act of God, governmental act;
• the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link;
• 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 or any WIFI made available at Buckland Park Lake; or
• any payment card not being accepted by a retailer, terminal, cash machines or otherwise, for whatever reason.

The content displayed on our Websites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude all implied conditions, warranties, representations or other terms that may apply to our Website and any content on it

We do not represent or warrant that our Website is free of all viruses or other harmful components. You should therefore exercise caution in your use of the Website and when downloading any content and use up to date, industry recognised software to detect and destroy any viruses or similar destructive devices. You agree that you access our Website and download any contents at your own risk and that you will be solely responsible for your use and any damage to any computer system, loss of data or other harm that may result.

Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.

If we do not enforce any of the rights we have under these terms, or if we delay in enforcing them, that does not prevent us from taking any action to enforce our rights in the future.

Upon termination of your agreement, the terms and any additional terms and conditions that are capable of continuing to apply will do so.

Governing Law

These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

Takedown procedure

In making our Website available online, we act in good faith. This means every effort has been made to ensure that content on the Website does not infringe anybody’s right or applicable UK laws. If you are concerned that you have found material on our Website for which you have not given permission, infringes privacy laws, is obscene, defamatory and in terms of copyright law is not covered by a limitation or exception, please contact us at hello@bucklandparklake.co.uk stating the following:

• your contact details;
• the full details of the material;
• the exact and full URL where you found the material;
• if the request relates to copyright, you must provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative; and
• the reason for your request, including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc.

When we get your notice:

• we will acknowledge receipt of your complaint and make an initial assessment of your complaint’s validity and plausibility;
• upon receipt of a valid complaint the material will be temporarily removed from our Website; and
• we will investigate your complaint, which may include seeking internal or external legal advice or, if it relates to material contributed by a third party, notifying the third-party contributor of the complaint and providing an opportunity to comment on the complaint.

Depending on the outcome of our investigation, we may, in respect of all or part of the material:

• permanently remove the material from the Website;
• replace the material on the Website unchanged;
• replace the material on the Website with changes.