Terms & Conditions
1. Terms of Website Use
1.1 Thank you for accessing http://www.bistodinners.co.uk (the “Website”). Please read these terms and conditions (the “Terms”) before using the Website.
1.2 By using the Website, you signify your acceptance of the Terms in consideration of which Kerry Foods provide you with access. From time to time Kerry Foods may 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.
2. About Us
2.1 The Website is operated by Kerry Foods Limited (registered number02604258), whose registered office is at Thorpe Lea Manor, Thorpe Lea Road, Egham, Surrey, TW20 8HY (“Kerry Foods“). Our VAT number is GB 635838117
2.2 Should you wish to contact Kerry Foods at any time, please use the Contact Us web page on the Website.
3. Other Applicable Terms
3.1 These Terms refer to our Privacy and Cookies policy which also applies to your use of the Website and which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
4. No Reliance
4.1 While Kerry Foods has endeavoured to ensure the material accuracy of the information available on the Website, Kerry Foods does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The contents of this Website are for information only and Kerry Foods therefore disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to the Website.
5. Links to the Website
5.1 Websites or pages to which the Website is linked are for information only and have not been reviewed by Kerry Foods. Kerry Foods has no responsibility for the content of the Websites or pages linked or linking to this Website, and Kerry Foods accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your clicking through to linked Websites.
6. Intellectual Property
6.1 The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks and other material (the “Content”) is protected by copyrights, database, trade marks and/or other intellectual property rights.
6.2 The Content includes both content owned or controlled by Kerry Foods and content owned or controlled by third parties and licensed to Kerry Foods.
6.3 All individual articles, reports, and other elements making up the Website are copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website and the licence set out below.
6.4 The “Bisto” trade mark is a registered trade mark of Premier Foods Group Limited (“Premier Foods”) and used by Kerry Foods under licence.
6.5 You may not use any Kerry Foods or Premier Foods owned trade marks or trade names without Kerry Foods’ or Premier Foods’ consent (as applicable) and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify Kerry Foods in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
7. Licence Rights
7.1 Access to the Website is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and the terms of any relevant subscription agreement and to download on the terms set out in this section.
7.2 Other than as expressly set out in these Terms or written consent by Kerry Foods you must not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any other way exploit any Content on the Website.
7.3 You may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation (where applicable) to content posted on the Website provided that you:
7.3.1 do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
7.3.2 retain on any download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices and our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
7.4 Additionally, you may not offer for sale or sell, make available or distribute over any other medium the Content or any part thereof.
7.5 Without prejudice to the generality of the foregoing, you may link to our Website, provided always that any link is made to our home page http://www.bistodinners.co.uk and the link does not portray Kerry Foods, its brands or their products or services in a false, misleading, derogatory, or otherwise offensive manner. Save with our express permission, you may not deep link to our Website (that is, provide links to pages other than the home page) or make any part of the Website available as part of another Website, whether by framing on the internet or otherwise.
8.1 If you would like information about obtaining Kerry Foods’ permission to use any of the Content or if you would like to insert deep links on your Website to the web pages or Content available on the Website, please contact us at 08007834321.
9. No Warranty
9.1 The Website and the Content (including areas with restricted usage rights) are provided “as is” excluding any warranties and conditions 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 and conditions as to title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Kerry Foods 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 or implied conditions, so some or all of the above exclusions may not apply to you.
9.2 Kerry Foods does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors. You should ensure that you have installed up to date virus checking software prior to any internet session and Kerry Foods is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Website or your downloading any material posted on it.
9.3 Kerry Foods shall not be held responsible for Content provided by third parties. Kerry Foods 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
10. Limitation of Liability
10.1 You acknowledge that your use of the Website, including the Content, is at your own risk.
10.2 If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
10.3 If you are a business, subject always to clause 10.4, Kerry Foods shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:
10.3.1 loss of profits or contracts;
10.3.2 loss of income or revenue;
10.3.3 loss of business;
10.3.4 depletion of goodwill or similar losses;
10.3.5 loss of anticipated savings;
10.3.6 loss of use;
10.3.7 loss or corruption of data or information; or
10.3.8 any special, indirect and/or consequential loss.
10.4 Nothing in these conditions excludes the liability of Kerry Foods:
10.4.1 for death or personal injury caused by the Supplier’s negligence;
10.4.2 for fraud or fraudulent misrepresentation; or
10.4.3 any other liability which cannot be excluded or limited under applicable law.
10.5 If you are a consumer, subject always to clause 10.4, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and Kerry Foods at the time we agreed to these Terms.
10.6 If your use of material in the Website results in the need for servicing, repair or connection of equipment, software or data, you assume all costs thereof.
10.7 In the event that a court of competent jurisdiction finds that we cannot lawfully exclude our liability to you as set out in this clause 10 and we are liable to you under this Agreement, in no event shall our liability in aggregate in any calendar year to you exceed either £750 or in the case of a subscription user, the annual subscription paid by you in the year in which our liability to you arose.
11. Viruses, Hacking and other Offences
11.1 You must not misuse the Website 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 Website or the server on which it is stored and you must not attack our Website by way of a denial of service attack or distributed denial of service attack.
11.2 We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Website.
12.1 If you breach any of these Terms your right to use the Website terminates automatically.
13. Changes to the Website
13.1 At any time, the Website may contain material which is out of date. While Kerry Foods has no obligation to do so, you accept that Kerry Foods has the right to change the content or technical specifications of any aspect of the Website at any time at Kerry Foods’ sole discretion. You further accept that such changes may result in your being unable to access the Website.
14.1 A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
14.2 No waiver by Kerry Foods 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 Kerry Foods of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
14.3 These Terms and the documents referred to in them, constitute the entire agreement and understanding between us relating to the use of the Website and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such (and no reliance is placed on, or remedy available in relation to, such).
14.4 The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.