What's in these Terms and Conditions and Legal Notice?
These terms tell you the rules for using www.birdseye.ie (Website).
IMPORTANT LEGAL NOTICE
Our Terms and Conditions of Use of our Website (“Terms” or “legal notice”)
Welcome to our Website. We have developed it to help you browse our extensive range of products and to ensure that you have a good experience of Birdseye that is consistent with our brand values and reputation.
Please take your time and browse for as long as you like. If you want to message or contact us, please use our contact page or call us on one of our Freephone number. Our Customer Careline team will be happy to help you.
As with all companies, we need to make you aware of our legal Terms, which we hope you will find reassuring. If you have any questions, just contact us. These Terms and the other documents mentioned in it govern how we and you deal with each other.
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.birdseye.ie (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website confirms that you have accept these Terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.
Who we are and how to contact us
This legal notice is issued by Nomad Foods Europe Limited (“we”, “us” or “our”). We are the parent company of Birdseye IE Ltd. We are registered in England and Wales under company number 5879466 and we have our registered office at No. 1 New Square Bedfont Lakes Business Park, Feltham, Middlesex, TW14 8HA which is also our main trading address.
This Website is operated by BirdsEye IE.
Our VAT number is: GB896102608
To contact us, please email firstname.lastname@example.org or telephone our customer service Careline on 0800 33 22 77: If calling form the Republic of Ireland: Callsave 1850 298 398 between 8am to 6pm, Monday to Friday. You can write to us at:
Republic of Ireland
Birds Eye Ireland
2009 Orchard Avenue
Citywest Business Park
Dublin 24 Ireland
1. ACCEPTANCE, ACCESS AND CHANGES TO OUR WEBSITE
1.1 By accessing any part of this Website, you shall be deemed to have accepted this legal notice and our Terms in full. If you do not accept this legal notice and our Terms in full, you must leave the Website immediately.
1.2 You may access most areas of the Website without registering your details with us. Certain areas of the Website may only be open to you if you register.
1.3 We may revise this legal notice and our Terms at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it and its Terms are binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or legal terms and conditions located on particular pages on this Website especially those related to Sales Promotions as defined in clause 3.
1.4 Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do use it for commercial or business purposes.
2. LICENCE AND INTELLECTUAL PROPERTY RIGHTS
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) Our copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights, including our trademarks and those of any of our group companies, in all material on the Website (including without limitation photographs and graphical images) are owned by us or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3.PRICE PROMOTIONS, PRIZE DRAWS AND COMPETITIONS
3.1 From time to time, we may hold price promotions, competitions and prize draws (Sales Promotion(s)) that you may be able to access from our Website. These Sales Promotions will each be covered by separate terms and conditions specific to the Sales Promotion. If you can enter or take part in the Sales Promotion from this Website, details and information on how you may do so and the terms that govern it will be published on this Website.
4. SERVICE ACCESS AND UPLOADING CONTENT TO OUR WEBSITE
4.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
4.2 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
4.3 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
4.4 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, for example our ratings and review pages, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
4.5 You retain all of your ownership rights in your content, but you are required to grant us, and other users of our Website, and hereby grant to us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
4.6 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
4.7 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards.
4.8 You are solely responsible for securing and backing up your content.
5.YOUR MATERIAL AND YOUR CONDUCT
5.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
5.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3 or clause 5.4.
6. PROHIBITED USES AND OUR CONTENT STANDARDS
6.1 You may use our Website only for lawful purposes and you are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
6.2 You may not use our Website:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below in clause 5.2.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data which is technically harmful, send or upload any material that contains, without limitation, computer viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
(g) Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms and legal notice.
(h) Not to access without authority, interfere with, damage or disrupt:
• any part of our Website;
• any equipment or network on which our Website is stored;
• any software used in the provision of our Website; or
• any equipment or network or software owned or used by any third party.
6.3 Content Standards
(a) These content standards apply to any and all material which you contribute to our Website including entering in to or taking part in any Sales Promotion (contributions), and to any interactive services associated with it.
(b) You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in any country from which they are posted.
Contributions must not:
(d) Contain any material which is defamatory of any person.
(e) Contain any material which is obscene, offensive, hateful or inflammatory.
(f) Promote sexually explicit material.
(g) Promote violence.
(h) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(i) Infringe any copyright, database right or trade mark of any other person.
(j) Be likely to deceive any person.
(k) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(l) Promote any illegal activity.
(m) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(n) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(o) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(p) Give the impression that they emanate from us, if this is not the case.
(q) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7.INTERACTIVE SERVICES THAT WE PROVIDE
7.1 We may from time to time provide interactive services on our Website, including, without limitation our ratings and reviews page under which you can write reviews about our products and rate them and we may also offer chat rooms and bulletin boards. (Interactive Services).
7.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
7.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, 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.
7.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
7.5 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.
8. SUSPENSION AND TERMINATION OF YOUR USE
8.1 We will determine, in our complete discretion, whether there has been a breach of this legal notice or our Terms or our Content Standards through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate.
8.2 Failure to comply with this legal notice, Terms or the Content Standards constitutes a material breach of the Terms on which you are permitted to use our Website, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use our Website.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites, do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
9.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and subject always to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of our trading names, trademarks or logos;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that we are or have is endorsed any products or services other than your own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trading name or identity used, or the trademarks displayed on the Website without express written permission from us;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9.3 We expressly reserve the right to revoke the right granted in clause 9.2 for breach of these terms and to take any action we deem appropriate.
9.4 You shall fully indemnify us or any of our group of companies including any subsidiary, associated or parent company as the case may be, for any loss or damage suffered by us or any of our group companies for breach of clause 9.2.
10. REGISTRATION AND RESPONSIBILITY FOR PASSWORDS
10.1 We may on occasion offer services and information that may require you to register by providing your personal details, such as newsletters or ratings and reviews or if you enter a Sales Promotion.
10.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3 Responsibility for the security of any passwords issued rests with you
11. OUR DISCLAIMER
11.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
11.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
12. OUR LIABILITY
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
12.2 Nothing in this legal notice shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
13.1 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Issue Date: May 2017
Copyright © Nomad Foods Europe Ltd 2017: All Rights Reserved