TERMS AND CONDITIONS
Please read these terms and conditions (the 'Terms') before using the Ballygowan website www.ballygowan.ie (the 'Website'). The Website is operated by Britvic Ireland Limited, registered in Ireland with company number 7611 and whose registered office is at 25-28 North Wall Quay, Dublin 1, Republic of Ireland (for the purposes of these Terms trading and here after referred to as “Ballygown”). The Website is for the promotion of Ballygowan products. By using the Website, you signify your acceptance of the Terms in consideration of which Ballygowan provides you with access. Ballygowan may occasionally modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website.
While Ballygowan has endeavoured to ensure the accuracy of the information accessed via the Website, Ballygowan does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Ballygowan, and content owned or controlled by third parties and licensed to Ballygowan. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained on the Website. You may not use any of Ballygowan’s trademarks or trade names without Ballygowan’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Ballygowan further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. Ballygowan does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Ballygowan is not liable for any damage you may suffer as a result of such destructive features. Ballygowan is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website. These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content, your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from Ballygowan’s negligence, in no event will Ballygowan be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind, whether based on warranty, contract, tort (including negligence) or otherwise, even if Ballygowan has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. Ballygowan does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
No waiver by Ballygowan of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Ballygowan of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of Ireland and the parties submit to the exclusive jurisdiction of the Irish courts.