and use of our website
Your use of this Website is governed
by these Conditions. Please read them carefully as they affect
your rights and obligations under the law. By using this Website
you agree to be bound by these Conditions. If you do not agree
to be bound by these Conditions you should not use this Website.
These Conditions do not affect your statutory rights.
We will treat all your personal information as confidential
Third party links
To provide increased value to our Users, we may provide
links to other websites or resources for you to access at
your sole discretion. We are not responsible for the availability
of such external sites or resources, and do not review or
endorse and are not responsible or liable, directly or indirectly,
for (i) the privacy practices of such websites, (ii) the
content of such websites, including (without limitation)
any advertising, content, products, goods or other materials
or services on or available from such websites or resources
or (iii) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused
or alleged to be caused by, or in connection with, the use
of or reliance on any such advertising, content, products,
goods or other materials or services available on such external
websites or resources.
property and the right to use
You acknowledge and agree that all copyright, trademarks
and all other intellectual property rights in all material
or content supplied as part of the Website shall remain
at all times vested in us or our licensors. You are permitted
to use this material only as expressly authorised by us
or our licensors.
You acknowledge and agree that the material and content
contained within the Website is made available for your
personal non-commercial use only and that you may download
such material and content onto only one computer hard drive
for such purpose. Any other use of the material and content
of the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit or create derivative
works of such material and content.
The Website may be used only for lawful purposes and in
a lawful manner. You agree to comply with all applicable
laws, statutes and regulations regarding the Website and
any transactions conducted on or through the Website.
You may not assign or otherwise transfer any of your rights
under these Conditions.
You agree fully to indemnify, defend and hold us, and our
officers, directors, employees, agents and suppliers, harmless
immediately on demand, from and against all claims, liability,
damages, losses, costs and expenses, including reasonable
legal fees, arising out of any breach of the Conditions
by you or any other liabilities arising out of your use
of this Website, or the use by any other person accessing
the Website using your details and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily
or permanently, this Website (or any part thereof) with
or without notice to you and you confirm that we shall
not be liable to you or any third party for any modification
to or withdrawal of the Website;
- change the Conditions from time
to time, and your continued use of the Website (or any
part thereof) following such change shall be deemed to
be your acceptance of such change. It is your responsibility
to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change to
the Conditions then you must immediately stop using the
- withdraw any information from this
Website at any time and/or edit any materials or content
on this Website.
While we will use reasonable endeavours to verify the accuracy
of any information we place on the Website, the Website
is provided on an "as is" and "as available"
basis without any representation or endorsement and we make
no warranties of any kind, whether express or implied, in
relation to the Website, including but not limited to, implied
warranties of non-infringement, compatibility, security,
accuracy, conditions of completeness, or any implied warranty
arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements
or will be uninterrupted, timely or error-free, that defects
will be corrected, or that the site or the server that makes
it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of the Website.
We will not be responsible or liable to you for any loss
of content or material uploaded or transmitted through the
We will not be liable, in contract or delict (except in
the case of fraudulent or negligent misrepresentations)
or otherwise out of or in connection with the Conditions
- any economic losses (including
without limitation loss of revenues, profits, contracts,
business or anticipated savings); or
- any loss of goodwill or reputation;
- any special or indirect losses
suffered or incurred by that party arising
out of or in connection with the provisions of any matter
under the Conditions.
Nothing in the Conditions shall exclude or limit our liability
for death or personal injury resulting from our negligence
or that of our servants, agents or employees.
Nothing in the Conditions shall limit or exclude our liability
in respect of any fraudulent or negligent misrepresentation
whether or not such has become a term of the Conditions.
We shall not be responsible for any breach of these Conditions
caused by circumstances beyond our control. The provision
of this Website does not include provision of computer or
other necessary equipment to access the Website. To access
it you will need an Internet connection and appropriate
telecommunication links. For the avoidance of doubt, we
shall not be liable for any telephone or other costs that
you may incur.
If any part of the Conditions shall be deemed unlawful,
void or for any reason unenforceable, then that provision
shall be deemed to be severable from the Conditions and
shall not affect the validity and enforceability of any
of the remaining provisions of the Conditions.
If you breach these Conditions and we ignore this, we will
be entitled to use our rights and remedies at a later date
or in any subsequent situation where you breach the Conditions.
The Conditions shall be governed by and construed in accordance
with the laws of Scotland and you irrevocably submit to
the exclusive jurisdiction of the Scottish courts.
In these terms and conditions, unless the context otherwise
requires, the following words and phrases shall have the
means these terms and conditions;
Information" means any details provided by
you whilst using our Website;
means the users of the Website collectively;
means Berits and Brown Limited
means the website located at www.beristandbrown.com or
any subsequent URL that may replace it;
means a User of this Website and, where applicable, the
party purchasing the Product.
The contract will be concluded in English.