Terms & Conditions of Use
For terms and conditions of sale, please click here.
Background
This agreement applies as between you, the User of this Platform (as defined below) and Avery Berkel, the owner(s) of this Platform. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Platform. If you do not agree to be bound by these Terms and Conditions, you should stop using the Platform immediately.
1. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“Avery Berkel”
means Avery Berkel, Foundry Lane, Smethwick, West Midlands B66 2LP (a division of ITW Limited);
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Platform;
“Platform”
means the Software and this website.
“Service”
means collectively any online facilities, tools, services or information that Avery Berkel makes available through the Platform either now or in the future;
“Software” means this software application and database;
“System”
means any online communications infrastructure that Avery Berkel makes available through the Platform either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Platform and is not employed by Avery Berkel and acting in the course of their employment
2. INTELLECTUAL PROPERTY
2.1 All Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Avery Berkel, our affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by Avery Berkel.
2.3 Material from the Platform may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. PRIVACY
Use of the Platform is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
4. DISCLAIMERS
4.1 Avery Berkel makes no warranty or representation that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
4.2 No part of the Platform is intended to constitute advice and the Content of the Platform should not be relied upon when making any decisions or taking any action of any kind.
5. AVAILABILITY OF THE PLATFORM
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Avery Berkel accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
6. LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by law, Avery Berkel accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
6.2 Nothing in these Terms and Conditions excludes or restricts Avery Berkel's liability for death or personal injury resulting from any negligence or fraud on the part of Avery Berkel.
6.3 Every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
7. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
8. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
9. NOTICES
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to retailsales@averyberkel.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
10. LAW AND JURISDICTION
These Terms and Conditions and the relationship between you and Avery Berkel shall be governed by and construed in accordance with the Law of England and Wales and Avery Berkel and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.