Access to and use of this website or any sites owned or operated by Birdsall Estates which are accessible from it (hereinafter referred to as ‘this Site’) are provided by Birdsall Estates (‘us’ or ‘we’), subject to these site terms (‘Site Terms’).
Please read and review these Terms & Conditions carefully before accessing or using the Site. By accessing and using any part of this Site you acknowledge that you have read, understood and accept these Site Terms and agree to abide by them. If you do not fully accept the Site Terms we request you not to access or use the Site. We reserve the right to change the Site and these Site Terms, at any time without notice, by posting changes on line. You are responsible for checking these Site Terms every time that you access the Site, in order ensure that you are aware of any changes. Your continued access to and use of this Site, after changes are posted, constitutes your acceptance of the amended Site Terms.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Site without notice. While we endeavour to make this Site available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily or permanently, without notice.
The information on this Site is intended for general information purposes. If you would like advice specific to your circumstances, please contact us. While we endeavour to ensure that information on this Site is correct, no undertaking, warranty or representation (expressed or implied) is given as to its accuracy, currency, fitness for purpose or completeness. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Prices quoted on this website are generally the lowest advertised price but may vary between locations.
We do not warrant that the functions available on the Site will be uninterrupted or error free, that defects will be corrected, that the Site will be compatible with any hardware or software that you may use, or that the server that makes it available is free of viruses or bugs. Although we may implement security measures for your protection, you acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements. You confirm that you are aware of and assume all risks related to the use of the internet, including risks of damage to your software and hardware due to the presence in the Site or any other related website of a virus or any other element capable of altering the computer system.
You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which it is stored or any server, computer or database connected to this Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
You are advised to virus check all materials and/or content accessed and/or downloaded from this Site using commercially available, up to date virus checking software.
We may from time to time provide interactive services on the Site, including, without limitation, chat rooms, bulletin boards and forums (“interactive services”). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered.
We are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Where you make any contributions to our Site, including to any interactive services associated with it, you must ensure that your contributions are accurate (where they state facts), genuinely held (where they state opinions), and comply with applicable law in the UK and in any country from which they are posted. Contributions must not:
Contain any material which is defamatory of any person, or which is obscene, offensive, hateful or inflammatory
Promote sexually explicit material, violence or any illegal activity.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Where you upload photographs or videos to our Site, you confirm that you have obtained the consent of any third parties clearly identified in them to take such photographs / videos and upload them to the Site.
You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to us or to this Site.
This Site may contain links to websites of third parties. These are provided for your information only. We are not responsible for the contents or reliability of any other websites to which the Site provides a link and we do not endorse the views expressed within them. Furthermore, providing links to those websites does not imply a suggestion or recommendation to visit them. We shall not be liable for any damages, direct or indirect, which users might suffer, derived from the information contained in said websites, or from the relationship that might arise between users and third parties whose services have been published on this Site. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
You may create a link from another website which is owned by you to the home page of this Site, provided that you do so in a way that is fair and legal and does not damage our reputation or goodwill, or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, except with our prior written consent.
This Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw any linking permission without notice. If you wish to make use of material on the Site other than as set out above, please address your request to firstname.lastname@example.org.
We cannot guarantee that you have any right to use third party owned content which is available on this Site and you must obtain permission from the third party owner before using or downloading such content.
The contents of this Site are protected by copyright and other intellectual property around the world. Unless otherwise stated, all the intellectual property rights in the Site, including without limitation all artwork, pictures, images, graphics, text, materials, documents, RSS feeds, audio files, podcasts, video files, flash tutorials, graphics devices and code contained in it (together ‘Materials’) on this Site and the design, layout, look and appearance of this Site are owned by us or our third party providers. You are permitted to use and download such Materials or extracts from this Site, subject to all of the following:
Your use of this Site and its Materials is for your information or personal use only. You may not use this Site or any Materials for any commercial purpose, without our express prior written consent.
You must not, in any way, modify any such Materials, except as we expressly permit.No part of this Site or its Materials may be reproduced or stored in any form or media, without our express prior written consent.
Any rights not expressly granted in these Site Terms are reserved.
All product names, whether or not appearing in print or with the trademark symbol are trademarks belonging to us or our affiliates, related companies or licensors (unless otherwise noted). The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
Any communication or other material that you send to us through the internet or post on this Site by electronic mail or otherwise, such as any questions, comments or suggestions, are and will be deemed to be non-confidential and non-proprietary and we shall have no obligation of any kind with respect to such information. By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant us an irrevocable, royalty-free, worldwide, perpetual, non-exclusive license to use, copy, distribute, disclose, display, exhibit, transmit and create derivative works from the material in any way we want (including modifying or deleting it). In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws and that you have the right to give us permission to use it for the purposes specified above. We shall not be liable or owe any compensation for use or disclosure of your contributions. We are permitted to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or their right to privacy.
You agree that access to and use of this Site is at your own risk and sole discretion.
IN NO CIRCUMSTANCES SHALL BIRDSALL ESTATES NOR ANY OF ITS SUBSIDIARIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE THAT MAY ARISE OUT OF OR RELATE TO THE INFORMATION DOWNLOADED OR OBTAINED FROM OR THROUGH THIS SITE OR THE USE OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF FORESEEABLE.
This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.
You can contact us by sending an email to email@example.com
The English courts have exclusive jurisdiction over any claim arising from, or related to, your visit or use of the Website. These Site Terms are governed by, and shall be interpreted in accordance with, English law.