OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time. 

You must comply with the provisions of our policy when using our site.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site. 

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

LINKING TO OUR SITE

You may link to our home page provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you. You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.

If you wish to make any use of material on our site other than that set out above, please address your request to ADMIN@BIRNAMARTS.COM

PROHIBITED USES OF OUR SITE

Whether you are a visitor or registered user, you must comply with our terms of website use and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:- 

• any fraudulent activity;
• any activity which breaches any applicable law or regulation, whether national or international;
• any activity which may cause or result in harm to a child under 18 years of age;
• sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
• reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
• knowingly introducing to our site, or transmit  or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
• attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
• attacking our site via a denial-of-service attack or a distributed denial-of service attack. 

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scottish Law.

Copyright Notice

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

You must not use any part of the materials on our website for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without the prior written consent from us or our licensors. 

You must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.