Your submissions of files including, but not limited to: resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Birwelco a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant Birwelco the right to utilise your name in connection with all advertising, marketing and promotional materials related thereto.
License and Website Access
Birwelco grants you limited license to access and make
personal use of this website and not to download (other than for page
caching purposes) or modify it, or any portion of it, except with the
express written consent of Birwelco. This website or any portion
of this website may not be reproduced, duplicated, adapted, copied, sold,
resold, transmitted or otherwise exploited for any commercial purpose
without the express written consent of Birwelco. You may not frame,
or use any framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, flash movie, page layout,
or form) of Birwelco without the express written consent of Birwelco. You may not use META tags or any other "hidden text" which
utilise birwelco.com, Birwelco or any other derivative of our
domain or company name without the express written consent of Birwelco. You are hereby granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Birwelco so long
as the link does not portray any false, misleading, derogatory, or otherwise
offensive matter. It is further understood and agreed that Birwelco
cannot and does not guarantee or warrant that files made available for
downloading through the Birwelco website will be free of infection
or viruses, worms, Trojan horses or other code that manifests contaminating
or destructive properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that any files obtained
through Birwelco are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY BIRWELCO
ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BIRWELCO MAKES NO EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR
AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, BIRWELCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BIRWELCO DOES NOT WARRANT THAT THIS
WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BIRWELCO ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. BIRWELCO WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
BIRWELCO USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION
ON THIS WEBSITE. BIRWELCO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS
SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR
WITH OTHER INCORRECT INFORMATION, BIRWELCO SHALL HAVE THE RIGHT TO REFUSE
OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
Linked websites are not under the control of Birwelco
and Birwelco is not responsible for the contents of any linked
site or any link contained in a linked site. Birwelco provides
links to you only as a convenience, and the inclusion of any link does
not imply or constitute an endorsement by Birwelco of the site.
Applicable Law
By visiting the Birwelco website, you agree that the laws of the
city of England, without regard to principals of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that
might arise between you and Birwelco.
Disputes
Any dispute relating in ay way to your visit or access of the Birwelco
website or to the products or services you purchase through the Birwelco
website shall be submitted to binding arbitration in England, except
that, to the extent you have in any manner violated or threatened to
violate Birwelco' intellectual property rights, Birwelco may seek injunctive
or other appropriate relief in any city or federal court in England,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted under
the rules then prevailing of the British Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under these Conditions of Use shall
be joined to an arbitration involving any other party subject to these
Conditions of Use, whether through class arbitration proceedings or
otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Birwelco, its
officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the website from
and against all losses, expenses, damages and costs, including attorney's
fees, resulting from any violation of these Conditions of Use (including
negligent or wrongful conduct) by you or your use and access of the
Birwelco website.
International Use
Given the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet,
data, e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom or the country in
which you reside.
Other Provisions
Birwelco failure to insist upon or enforce strict performance of
any provision of these Conditions of Use shall not be construed as
a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of
these Conditions of Use. Birwelco may assign its rights and duties
under these Conditions of Use to any party at any time without notice
to you. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity or enforceability of any remaining
condition. Any rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to: info@birwelco.com (or)
by our Mailing Address:
Birwelco
Trinity Point
New Road
Halesowen
West Midlands
B63 3HY
UNITED KINGDOM