Access 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. Privacy
policy
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.
Intellectual 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.
Compliance with laws
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.
Assignation
You may not assign or otherwise transfer any of your rights under
these Conditions.
Indemnity
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.
Our rights
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 Website;
- withdraw any information from this Website
at any time and/or edit any materials or content on this Website.
Limitation of liability
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 Website.
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 for:
- any economic losses (including without
limitation loss of revenues, profits, contracts, business or anticipated
savings); or
- any loss of goodwill or reputation; or
- 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.
Severance
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.
Waiver
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.
Law
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.
Definitions
In these terms and conditions, unless the context otherwise requires,
the following words and phrases shall have the following meanings:
- "Conditions"
means these terms and conditions;
- "Personal Information"
means any details provided by you whilst using our Website;
- "Users"
means the users of the Website collectively;
- "we/us"
means Berits and Brown Limited
- "Website"
means the website located at www.beristandbrown.com or any subsequent
URL that may replace it;
- "you"
means a User of this Website and, where applicable, the party
purchasing the Product.
Language
The contract will be concluded in English.
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