TERMS & CONDITIONS
THESE CONDITIONS APPLY TO THE CONTENTS OF THIS WEBSITE. USING THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE CONDITIONS. PLEASE READ THEM CAREFULLY AND, IF YOU DO NOT ACCEPT THEM, DO NOT USE THIS WEBSITE.
1.Introduction
1.1 This Website is operated from the UK by Kirby & West Limited (Company Number 00260894) r/o Richard III Road, Leicester, LE3 5QU ("Kirby & West").
1.2 Kirby & West reserves the right to update and/or amend these conditions at any time and you should, therefore, check this Website from time to time to make yourself aware of the then current conditions.
2. Availability Of Website
2.1 Kirby & West endeavours to ensure that this Website is normally available 24 hours a day, but it will have no liability if for any reason it is unavailable at any time or for any period.
3. Copyright
3.1 The copyright and all other intellectual property rights in all material on this Website (including (without limitation) photographs, logos and graphical images) are owned by Kirby & West or its licensors. You are not permitted to use any extracts from this Website except as stated in paragraph 3.2 below. Your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website if you breach the provisions of this paragraph 3.
3.2 You are permitted to print and download extracts from this Website on the following basis:
3.2.1 no documents or related graphics on this Website are modified in any way;
3.2.2 no graphics on this Website are used separately from accompanying text;
3.2.3 this permission notice appears in all copies; and
3.2.4 the material and content are only downloaded for the purpose of you using this Website to view and/or order products from Kirby & West, or to complete the recruitment form on this Website, and not for any commercial or other purpose.
3.3 Subject to paragraph 3.2 no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Kirby & West's prior written permission.
4. Material and Conduct
4.1 Other than personal data (as defined by the Data Protection Act 1998), which is covered under Kirby & West's privacy policy set out on this Website, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. Kirby & West will have no obligations in respect of such material unless expressly accepted on this Website
4.2 Please read Kirby & West's privacy policy on this Website for details of how Kirby & West will use your personal information.
4.3 You must not post or transmit to or from this Website any material:
4.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
4.3.2 for which you have not obtained all necessary licences and/or consents and/or approvals;
4.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or
4.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3.5 You must not misuse this Website (including, without limitation, by hacking).
5. Links
5.1 Links to third party websites from this Website are provided only for your convenience. If you use them, you leave this Website. Kirby & West does not control these third party websites and is not responsible for those third party websites or their content and does not make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of them, you do so entirely at your own risk.
5.2 You are not permitted to link to this Website without the prior written consent of a director of Kirby & West.
6. Disclaimer
6.1 If you complete and submit the New Contact Order Form on this Website an employee of Kirby & West will contact you to check the details. Kirby & West reserves the right not to accept an order.
6.2 Whilst Kirby & West endeavours to ensure that the information on this Website is correct, it does not warrant the accuracy and completeness of the material on this Website.
6.3 Kirby & West may make changes to the content on this Website, and/or to the products and prices described in it, at any time without notice. Please check the details on the Website on a regular basis to be aware of any changes.
6.4 The material on this Website may be out of date, and Kirby & West makes no commitment to update it.
6.5 To the maximum extent permitted by law, Kirby & West allows access to this Website on the basis that it excludes all representations, warranties, conditions and other terms, insofar as permitted by law, which, but for this legal notice, might have effect in relation to this Website.
7. Liability
7.1 Nothing on this Website constitutes advice.
7.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.3 Kirby & West excludes (so far as is permitted by law) all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence) contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may affect your access to, use of, or browsing on this Website or your downloading of any material from this Website or any websites linked to this Website.
7.4 Nothing in these conditions shall exclude or limit Kirby & West's liability for
7.4.1 death or personal injury caused by its negligence;
7.4.2 fraud;
7.4.3 misrepresentation as to a fundamental matter; or
7.4.4 any liability which cannot be excluded or limited under applicable law.
7.5 Nothing in these conditions affects the statutory rights of a consumer.
8. General
8.1 If any part of these conditions is held by any competent court authority to be invalid or unenforceable (whether in whole or in part) this shall not affect the validity or enforceability of the remainder of these conditions.
8.2 No third party shall be entitled to take the benefit of these conditions or the Contract Terms under the provisions of the Contracts (Rights of Third Parties) Act 1999.
9. Governing Law and Jurisdiction
9.1 These conditions and any contract with Kirby & West shall be governed by and construed in accordance with English law. Disputes arising in connection with them or any contract with Kirby & West shall be subject to the exclusive jurisdiction of the English courts.
