Any use by you of this Website is governed by these terms and conditions. Please read them carefully. The Disclaimer forms part of them. If you are uncertain about your rights or obligations under them or if you have any queries or comments, please contact us by e-mail at email@example.com, or seek independent legal advice.
Please note these terms and conditions impose obligations on you, give you liabilities to us and affect our liability to you.
Before using the Website please also read our Privacy Statement. It tells you what information we collect from you via the Website, how it is collected, and what we use the information for. You can control what information we collect from you and you must read our Privacy Statement to understand how to do that.
If you do not agree to be legally bound by all the these terms and conditions please do not access and/or use the Website.
1. CONTRACT BETWEEN YOU AND US;
www.birminghamtoolkit.com (the Website) is a site operated by Marketing Birmingham Limited (we, us, our). We are a registered company limited by guarantee in England and Wales with company number 01631329 and we have our registered address at Millennium Point, Curzon Street, Birmingham, West Midlands B4 7XG.
We may restrict access to the Website or any part of it so that only registered users are permitted to access or use it. We may refuse any request by you to register you for access.
If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditional of use.
We may change our terms and conditions or change or stop offering the Website at any time and for any reason. The terms and conditions that apply are the ones published on the Website at the time when you use it. It is your responsibility to make sure that you are aware of any amendments to these terms and conditions.
Permission to view any part of the Website, constitutes consideration provided by us and a contract is therefore formed between you and us through your use of the Website. The contract is formed under English law and on these term and conditions and the Disclaimer. You also agree that the contract will be governed and interpreted in accordance with English law .
The contract will take effect immediately on your first use of the Website and will continue in force until such time as it is terminated by you or us in writing or by us stopping the Website or terminating your permission to use the same. We may suspend or terminate your access to the Website or any part of it at any time at our sole discretion.
2. LICENCE TO USE THE WEBSITE
Your permission to use the Website is restricted and subject to conditions. You may use the webpages (and their content) and the functions of this Website that we make available to you, for viewing or printing the webpages using a browser. If you use any part or aspect of this Website, you agree to comply with our on-screen instructions including the acceptable use and all the other terms and conditions set out below.
You may not use the Website or the computers or software by which it is published on the internet (‘Systems’) in any other way, or for any other purpose.
3. INTERACTIVE SERVICES
We may from time to time provide various interactive services on our Website, (Interactive Services).
Interactive Services, will generally be subject to technical moderation.
We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided on the Website and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.
4. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (Contributions), and to any Interactive Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
5. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms and conditions constituting a material breach of the contract upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
6. YOUR OBLIGATIONS - ACCURACY OF INFORMATION
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Website.
If you access this Website from outside the UK, we do not represent or warrant that this Website or your accessing it complies with the laws of your country of access. It is your responsibility to comply with the laws of your country of access.
7. ACCEPTABLE USE OF THE WEBSITE
Please note that use of the Website for purposes which are not expressly permitted by these terms and conditions are expressly prohibited, and you accept all risk and liability for such use that is made or permitted by you. You agree that you will reimburse us on demand for all loss or damage that we or any of our staff or suppliers suffer as a result of such use.
Use of this Website is for your non-commercial and personal use only. You may NOT in any circumstances transmit, copy, display, reproduce, perform, modify, distribute, create derivative works, license, publish, transfer, or sell any products, services, software, source code or information obtained from or through the Website including text, graphics, logos, icons and images without express written permission from us save for where specifically permitted within these terms and conditions.
You shall not:
You understand that the technical processing and transmission of the Website, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In the interests of all our users, we will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.
8. OWNERSHIP AND USE OF PROPRIETARY RIGHTS
All the Website including the content published on it (other than any content on the Website provided by third parties), including text, graphics, logos, icons, images (together, the ‘Content’) and the arrangement and compilation of the Content and any databases (‘Compilations’), and all the software and code included in or used on the Website and operating on the System or in your browser (‘Software’) are the property of us or our suppliers or licensors. All Content, Compilations and Software is protected by United Kingdom and international intellectual property laws, including, copyright laws.
Our visual identity and logo are trade marks, the "Birmingham" logo being a registered trade mark. The identities and/or logos of third parties may also be trade marks or registered trade marks. You are not permitted to use or reproduce or allow anyone else to use or reproduce these trade marks for any reason, unless otherwise expressly stated within these terms and conditions. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, design right or copyright of us, or any other third party.
Any use of such intellectual property rights, software or code or any reproduction of the Website content is strictly prohibited except where expressly allowed under these terms and conditions.
Any requests for permission to use the Content in a manner otherwise than permitted by these terms and conditions should be notified to us at firstname.lastname@example.org.
You hereby agree fully to indemnify, keep indemnified and hold us or any of our officers, employees, agents and sub-contractors and harmless from and against any and all costs, claims, losses, damages or liability and expenses (including, but not limited to, legal fees) made by any third party in any jurisdiction due to or arising out of your use of the Website otherwise than in accordance with these terms and conditions, or in circumstances where you are in breach of these terms and conditions, or any other breach by you of any third party rights.
You hereby separately agree fully to indemnify and hold harmless us and any of our staff and third party contributors from and against all and any costs, loss, damages, expenses (including but not limited to legal fees) arising from any fraud by you.
10. DEALINGS WITH THIRD PARTIES
The Website contains material, details of suppliers of goods and services and other advertising and sponsorship, which originates from third parties. We provide such materials as publisher only and do not necessarily endorse the content of those supplier details, advertisements and/or sponsorship. If you have any complaint about any such content published on our Website please notify us and the relevant third party.
We are not in any way responsible for any transaction conducted between you and any third party featured on the Website. Any transactions which you conduct with them is conducted at your own risk.
11. DATA FEEDS
We provide access to a number of data feeds on the Website. These originate from external third parties and we cannot guarantee either their availability or take responsibility for any disruption to them. We also have no control and cannot be liable for the accuracy or completeness of any information contained in such data feeds.
12. THIRD PARTY LINKS AND LINKING IN
We may provide hyperlinks to other internet sites. We are not responsible for the availability of such other sites and we do not endorse, and are not responsible or liable for any content, products or other materials available on such other sites.
You may include a link to our homepage, www.birminghamtoolkit.com, in any website that you control. You may not make any link to any other webpage forming part of the Website, or otherwise use or link to any other part of the System, except as expressly permitted in these terms and conditions or otherwise with our prior written consent, which may be subject to conditions and fees.
13. LIMITATION OF LIABILITIES
Our liability is limited as set out in the Disclaimer.
You can give us notice under these terms and conditions by post to our address shown on our Website, or by sending an e-mail to us at email@example.com. We can give you notice by post or e-mail to the address you give us via the Website. Notices will be deemed to have been served one hour after transmission by e-mail (provided that the e-mail is acknowledged or delivery is confirmed by read-receipt) or three working days after despatch by post.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions without our prior written consent.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
Nothing in these terms and conditions shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999
This Disclaimer is incorporated into and forms part of our Website terms and conditions. References to ‘you’, ‘your’, , ‘Website’, ‘Software’ and ‘Personal Information’ have the meanings given in the Website terms and conditions.
We make no express or implied warranty or representation, nor accept any liability:
We make the above exclusions because you can take simple steps to manage those risks yourself. You must:
We will not be responsible for the computer equipment or telephone services which you use to access the Website.
No other warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied or otherwise (if any) arising out of or in connection with the use of (or inability to use) the Website or any material on the Website or any action or decision taken as a result of using the Website or any material on it are given, and those that are statutory are excluded to the fullest extent permitted by the law.
We will only be liable for any loss or damage which you suffer from your use of the Website which results directly from our breach of any contract formed between you and us on the terms of our Website terms and conditions or from our negligence and which loss or damage was foreseeable (i.e. it was obvious) to you and us at the time of entering into the contract. Where your use of this Website is for business purposes we will not be liable for any loss of business, profits, contracts, goodwill and/or any other economic loss, or for any indirect or consequential loss or damage at all.
Any liability of Marketing Birmingham Limited to you shall be limited in respect of any one incident or a series of two or more connected incidents to an amount equal to £5,000.
Any claim for loss or damage caused by us which you wish to make must be notified to us as soon as practicable after the loss or damage is discovered.
In the event of any claim against us by a third party resulting from use of the Website by you in non-compliance with our Website terms and conditions, you will be responsible for all of our losses, damages and reasonable costs and expenses. In the event of a third party claim against us, you agree that you will:
The above exclusions and limitations shall not, however, operate so as to limit our liability in respect of death or personal injury arising from our negligence or that of our employees or agents or for fraud or fraudulent misrepresentation.
Except as expressly stated, nothing in this Disclaimer and the terms and conditions of which it forms part will reduce your statutory rights (if any) relating to the manner in which we provide the Website.