User agreement
Access Agreement and Disclaimer
1.
Access Agreement between Users of the berrybros.com
Website ("the Website") and Berrys.
The Website is offered as a free service to you, the user.
You have the opportunity to take independent legal advice on the terms
of this agreement before continuing to use the Website. Your use of the
Website and/or your acceptance of these terms, conditions, and notices
without modifying them constitutes agreement by you to all of these terms,
conditions, and notices. Only those who enter into this agreement are
authorised to use the Website.
The information provided on the Website has been provided
in English, which is the home language of the Website. If you would like
to see a copy of the Website material including this agreement in another
language prior to proceeding please contact us immediately stating clearly
the language you would prefer. In proceeding you warrant that you believe
this agreement to be reasonable in its entirety.
2.
Operator Details
The Website is operated by Berrys, who are situated at
42 Headlands, Kettering, Northamptonshire, NN15 7HR. We can be reached
via e-mail at tg@berrybros.com or you can reach us by telephone at 01536
412464
3. Copyright and Trademark Notices
All of the Website logos are the property of Berrys. Other
product and company names mentioned on the Website or other websites or
services accessed through the Website may be the trademarks of their respective
owners. All contents of the Website including this access agreement are
copyright.
No part of the Website may be reproduced in any form whether
electronically or otherwise without the prior written consent of Berrys,
other than in the cache of your computer in the course of using the Website.
You must retain all copyright or trademark notices contained
on the Website on any copy you make of it or part of it. You may not sell
or modify what is on the Website or reproduce, display, publicly perform,
distribute, or otherwise use the material on it in any way for any public
or commercial purpose. The use of the material on any other website or
in a networked computer environment other than on a network owned and
operated by Berrys for any purpose is prohibited.
4. Data Protection
Berrys is deemed notified to process data under the Data
Protection Act 1998. Please see our privacy policy for further details.
You consent to use of any personal details you give for
internal administrative purposes, for marketing, and for release to third
parties either for gain or without charge. Without limit on what we agree
in the rest of this agreement you understand that Berrys may sell the
Website or may change its ownership and the data it holds might be sold
to a third party as part of that change in structure. Data could be transmitted
outside the UK but Berrys will at all times adhere to the data protection
principles outlined in the Data Protection Act 1998. If you give fax,
phone, text or e-mail details you authorise Berrys or its associates,
or anyone given permission by Berrys, to contact you using that method,
including contacting you for marketing purposes. If you decide that you
no longer wish us to communicate with you, or the details we hold on you
change, you agree to tell us to enable us to update our records.
From time to time the Website, or the adverts on it, might
use cookies, web bugs or other means to gather information from visitors
to the Website. Most internet browsers will allow you to change your settings
to restrict the use of this technology.
5. Download times
To make the site as user friendly as possible we may from
time to time use software other than standard HTML web pages. This may
mean that you will need to download additional software onto your machine
(such as Flash or Adobe Acrobat). Without limitation to the rest of
this agreement you understand that:
(i) we can give no guarantees over the working of this
software or its suitability for the device you are using
(ii) in the UK the time it takes to download the software
and the time it takes to access this type of file after you have installed
the software can be longer than in the US where most of the software originates.
This means not only that it might take longer to see the information you
want but also that if you are paying for internet connection time or the
telephone line to access the internet it might cost you more
(iii) whilst Berrys makes every practical effort to make
its site accessible to all some software is not compatible with other
access technology, such as blind site readers using the W3C standard
(iv) in some cases it may be more beneficial to you to
access this type of information by another means, such as by telephoning
the relevant department of Berrys or visiting them.
6. Limitation on Types of Use
You may not modify, copy, distribute, disable, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, products or services obtained
from the Website. You may not use the Website for anything other than
the purpose outlined in this access agreement and you may not use spiders
or other robotic software tools to gather information from the Website
or use any applications which could lead to harm to the Website. You may
not use the Website to suggest an association with the Website or Berrys
without Berrys’ prior written consent.
7. Liability Disclaimer
Please Read Carefully as this Clause Limits your Ability
to Claim Damages
The main purpose of the Website is to provide information
to users in relation to the services Berrys provide.
Berrys makes every effort to check the accuracy of information
published on the Website. You should note however that Berrys does not
give any warranty that any information will be accurate or up-to-date
and the user acknowledges that the information and services offered on
the Website may include inaccuracies or typographical errors. In particular,
and without limitation to the rest of this agreement, Berrys is not able
to guarantee that its service will continue or be accurate during time
of server failure.
Information contained in, or accessible via, the Website
changes on a regular basis. Berrys may make improvements or alterations
to the Website at any time and without notice. Berrys is not responsible
in any way whatsoever for the content of any site accessed using the Website,
nor can it warrant that use of the Website will be free from virus contamination
and you should take adequate steps to ensure that you virus check regularly
when using the Website on any device including but not limited to your
computer, PDA, pager or phone.
Berrys is not in a position to know for what purpose you
will use information or data provided by the Website and so cannot insure
against loss.
Berrys makes no representations about the suitability of
the information and services contained on, or accessed via, the Website
for any purpose. All warranties, terms and conditions with regard to this
information and services, including all warranties, terms and conditions,
implied by statute, collaterally or otherwise, of satisfactory quality,
fitness for a particular purpose, title, and non-infringement are excluded
to the fullest extent permitted by law.
Berrys does not contract online except for this agreement.
Berrys shall not in any event be liable for any damages
(whether indirect, incidental, special, consequential or otherwise) arising
out of, or in any way connected with, the use of the Website, or with
any delayed access to, or inability to use the Website, or for any information
and services obtained through the Website, or otherwise arising out of
the use of the Website, whether based on contract, tort, strict liability
or otherwise, even if Berrys has been advised of the possibility of damages.
This does not affect the statutory rights of any person dealing as a consumer
nor shall anything in these terms and conditions exclude or limit liability
for death or personal injury caused by negligence or for fraudulent misrepresentation.
8. Links to Third-Party Sites
The Website may contain hyperlinks to websites operated
by parties other than Berrys. These hyperlinks are provided for reference
only. Berrys does not control these websites and is not responsible for
their contents.
A reference on this site to any persons, products, websites
or services does not constitute or imply their endorsements, recommendation
or favouring by Berrys.
The inclusion of hyperlinks to these websites does not
imply any endorsement of the material on them or any association with
their operators. If you would like to add a hyperlink to the Website you
require written consent from Berrys.
Berrys reserves the right to remove any hyperlink at any
time and without notice and shall not be obliged to give a reason for
doing so. If you become concerned about the content of a site linked to
or from the site (or anything on the site), please inform Berrys immediately
via e-mail to tg@berrybros.com. If your complaint is about unsuitable
content you may also consider reporting the matter to the Internet Watch
Foundation who can be contacted via their website at http://www.iwf.org.uk/.
9. Messages from Berrys
Any e-mail or other form of communication between representatives
of Berrys and other parties will be deemed covered by the terms of this
agreement.
10. No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant
to Berrys that you will not use the Website for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
11. Other General Terms
This agreement is governed by the laws of England, where
the Website originates and is designed to be accessed and is deemed to
be made in England. You hereby consent to the exclusive jurisdiction of
the English courts in all disputes arising out of or relating to the use
of the Website. Use of the Website is unauthorised in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Berrys as a result of this
agreement or use of the Website. Each and every provision of this agreement
is separate and severable. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
out above, then the validity and enforceability of the remainder of the
terms and conditions shall not be affected.
This agreement and the Privacy Policy constitute the entire
agreement between you and Berrys with respect to the Website and they
supercede all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and Berrys with respect to the
Website. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form. Any rights not expressly granted
herein are reserved. You will be responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of the Website.
12. Variation of these Terms and Conditions
Berrys reserves the right to change the terms, conditions,
and notices under which the Website is offered. We will do this by altering
the access agreement on the Website and this alteration will then be of
immediate effect. For this reason you should regularly visit the access
agreement on the Website as the current version will be binding on you.
