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Version C - June 2002 |
Please read this Agreement carefully. This site is owned, operated and managed by Burberry. This Agreement includes disclaimers of liability and other matters of importance to users.
Please note that you will need to accept this User Agreement at the start of each Burberry Connect session.
a. "Burberry" means Burberry Limited whose registered office is at, 18 - 22 The Haymarket, London SW1 4DQ, England. "We" "Us" and "Our" refer to Burberry.
b. "You" and "Your" mean the individual or company as the case may be whose business activity has been approved in whole or in part as the case may be by Burberry as an authorised user of Burberry Connect.
c. "Burberry Connect" means the software of this name used to run the Burberry Connect system and any associated "online" Burberry Connect functions and any software owned or licensed by Burberry used to run any "offline" Burberry Connect function, including source code, title to which and control of is vested in Us.
d. "Password" means a word which shall have a minimum of 6 characters comprising the letters a to z and / or the numbers 0 to 9 which shall be determined by You and which shall not be allowed by You to become known to any person not required by You to have authorised access to Burberry Connect and / or not under Your direct control. This Password may be changed from time to time using the relevant in-built facilities of Burberry Connect.
e. "Agreement" shall mean this document and its numbered clauses hereto which shall have full effect from the outset of Your first loading of Burberry Connect onto any personal computer and be deemed by both parties to have become a contract in law from your first use and order placement using the said Burberry Connect. This Agreement shall, subject to the provisions of clause 4.e. below, continue in force until terminated by You on one month's written notice to Us or by Us in accordance with clause 5.d.
f. "Help Site" means the Burberry Connect Help site, accessed from the Burberry Connect web site (including any updates and/or new or varied editions) that We provide to You.
Burberry Connect software is compatible with personal computers operating to the current minimum specification as advised by Burberry IT Department, with versions 97 and 2000 of Microsoft Office ®, versions 98, 2000 Professional and XP of Microsoft Windows ® operating at a screen resolution of 1024 by 768 and using version 5.5 or above of Microsoft Explorer ® connected to the Internet at not less than 56 Kbps. If You elect to use other software or data access in conjunction with Burberry Connect, this shall be entirely at Your own risk and liability.
Throughout the period during which You are authorised to have access to Burberry Connect, You agree to use Burberry Connect solely as provided in this Agreement and accept liability for the consequences of not complying with the provisions of the following sub-clauses of this clause 4. You shall be responsible for:
a. Determining an appropriate Password and being responsible for the consequences of it becoming known, howsoever caused, to unauthorised persons or other activities not properly authorised by You in accordance with the provisions of clause 2.d. above.
b. Promptly keeping Us advised of persons authorised by You to have access to and use of Your Password. This obligation includes keeping Us advised by completing and submitting the Burberry Connect user application form (which shall be available on the Help Site) of all previously authorised persons who may from time to time cease to be authorised by You and similarly of all persons who may from time to time become authorised by You. You shall also advise Us of any relevant alterations in Your company registration, addresses, telephone, fax, e-mail and other contact numbers or details which may occur from time to time.
c. Accepting that Your liability to Us will be unlimited for (i) any loss from use of Your Password by You and/or any person who acquired possession of it or (ii) if You have acted fraudulently or with gross negligence. For example, You may be deemed to have acted with gross negligence if you fail to follow the safeguards set out in this clause 4 and/or in clause 2.d above.
d. Immediately advising Us if You suspect that someone not properly and currently authorised by You knows Your Password.
e. Ensuring that any personal computer operated in Your business, which has previously had Burberry Connect software loaded onto it shall have the said software irrevocably removed from it prior to the said computer no longer being required to interface with Burberry Connect and / or being sold or otherwise disposed of outside any part of your business which properly has access to Burberry Connect. This clause shall indefinitely survive any termination of this Agreement or the Burberry Connect service in accordance with clause 2.e. above.
f. Accepting that all Burberry Connect software programme files and data files howsoever stored shall at all times be the property of Burberry save that data may be printed out by You for the proper order processing and financial management of Your business. Such printed data shall under no circumstances indicate any aspect of Your Password or Burberry Connect programme files.
g. Accepting that all telecommunications and / or internet service provider charges and any taxation or other levies attached thereto which may be required so that You can access Burberry Connect shall properly be for Your account and that Burberry shall have no liability therefor.
h. Accepting liability for all orders howsoever placed under the authorisation of Your Password which orders shall be fulfilled in accordance with the current prevailing Burberry TERMS AND CONDITIONS OF SALE from time to time advised to You.
a. We reserve all rights not expressly granted to You.
b. Subject to clause 4.e, above, We authorise You to copy Burberry Connect onto such personal computers as may reasonably be required by You, for the placement of orders, tracking of orders, customer information, stock availability and product information.
c. We shall not be liable to You for any losses or delays in the transmission of instructions caused by any Internet Service provider or by software or hardware failures or any other failure of the Burberry Connect system.
d. We may for any reason alter, suspend or terminate (a) the service of Burberry Connect or (b) your right to use the said service without giving You notice beforehand. We shall not be liable to You for doing this. If We do so We shall inform you promptly and shall complete orders which you have already placed through the Burberry Connect service.
e. We may vary the terms of this Agreement by giving You at least one month's notice beforehand. If you use Burberry Connect after the expiry of the said notice period you are agreeing now to be bound by those variations to the terms.
f. Whilst We will use our reasonable skill and care in operating the Burberry Connect service, We do not give any other warranties, express or implied, in respect of the Burberry Connect Service, in particular, with regard to its availability, functionality or performance. We make no warranty that the Burberry Connect service is free from infection by viruses or contaminating or destructive properties.
g. In no event shall We be liable for
(i) Loss of profits, business, revenue;
(ii) Loss of goodwill;
(iii) Loss of anticipated savings; or
(iv) Indirect or consequential loss or damage.
The entire liability of Burberry in respect of or in connection with the Burberry Connect service (save in the case of death and personal injury caused by Our negligence) shall be limited to the total amount paid or payable by You under this Agreement in this Burberry Connect session.
h. We will process personal information collected via the Burberry Connect service for the purpose of managing and fulfilling orders, communicating with you and for marketing purposes. Given that the internet is a global environment, using the internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by using the Burberry Connect service and communicating electronically with us, You acknowledge and agree to Our processing of Your personal data in this way.
The parties irrevocably agree that:
a. These terms and conditions and any contract subject to these terms and conditions between Burberry and the Customer shall be governed by and construed in accordance with English law; and
b. The courts of England shall have exclusive jurisdiction to settle any dispute (including any claim for set-off and any counterclaim) which may arise out of, under or in connection with this Agreement or the legal relationship established thereby, and for such purposes irrevocably submit all such disputes to the exclusive jurisdiction of the English courts.
c. For the exclusive benefit of Burberry, We shall retain the right to bring proceedings as to the substance of the matter of any dispute between us in the courts of the country of Your residence or the country of Your principal place of business.
a. You may not assign, sub-license or otherwise transfer any of your rights under this Agreement.
b. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect.
c. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
d. Headings in this Agreement are for convenience only and will have no legal meaning or effect.
e. Notices shall be given in writing and addressed to the registered office of each party. Notices shall be sent by first class post and shall be deemed served 24 hours after posting.
f. Burberry Limited is a company registered in England and Wales under number whose registered office is at 18 - 22 The Haymarket, London SW1 4DQ, United Kingdom.