The purpose of these Terms and Conditions (T&Cs) of website use is to set out the conditions under which any user may use the services supplied by Birdie Bogey through the website, www.birdiebogey.com.
These T&Cs will apply from the moment the user accepts them on the website. They will cease to apply when the user deletes their online account.
1. Validity of T&Cs
Birdie Bogey may modify these T&Cs whenever it deems it necessary. The user hereby expressly accepts such changes in advance. Insofar as possible, Birdie Bogey will endeavour to adequately inform the user of the changes.
2. User responsibility
– Form of proof
In their relations, the parties, i.e. the Birdie Bogey and the user, shall communicate by email except in specific cases where a registered letter with acknowledgement of receipt should be used. Any email sent will be acceptable evidence for the establishment of facts, acts and actions of the parties.
– Limitation of liability
With regard to a breach of an obligation incurred under these T&Cs, the user may not in any way limit their liability or guarantee.
Consequently, the user will be liable for any damages, including damages that are direct, indirect, consequential, special, incidental, physical, moral, pecuniary and non-pecuniary, which may be caused to other parties or third parties by that particular user’s use of the services or connection to the website.
Any failure by Birdie Bogey to enforce a clause herein or any acquiescence on the part of Birdie Bogey to the continuous or temporary non-performance of an obligation by the other party, will not constitute a waiver by Birdie Bogey of either its rights held under the clause or the other party’s performance of the obligation.
– Breach of T&Cs
Any wrongful use of the website and its functionalities, or any use contrary to their purpose is strictly prohibited and will constitute a breach of these T&Cs. Such a breach will allow Birdie Bogey to suspend the account of the user in breach.
3. Intellectual property
Birdie Bogey is the sole proprietor of all intellectual property rights relating to the website and especially the rights of use, display, exploitation, reproduction, publication, adaptation and translation of any object forming part of the website, including graphical layout, titles, shapes, site maps, texts, articles, analyses, writings, documentation, photographs, images, videos and any other information content, as well as the brands and logos uploaded on line by Birdie Bogey.
The website and its content are protected by copyright and ancillary rights under French law (articles L.122-4 et seq. of the Intellectual Property Code), which forbids the complete or partial reproduction of the elements forming part of the website and content without the consent of Birdie Bogey.
Accordingly, the user shall observe the copyrights, trademarks and rights of the database creator. Each user acknowledges that the databases created by Birdie Bogey are the sole property of the latter.
Birdie Bogey grants to the user only a simple, non-exclusive, non-collective user license over the content published on the website, www.birdiebogey.com. The user holds no right to transfer or assign the information obtained from the website and is prohibited from creating any derivative work based on the content of the website.
4. Right to use online services
The user who registers with Birdie Bogey must supply correct information during their registration and upon completing any online formality. Such information is required for the proper functioning of the website and correct realisation of the services.
The user shall not create a false identity that would mislead the administrator or any other third party.
5. Limitation of liability
Birdie Bogey shall not be liable for any direct or indirect damages, including commercial and financial damage (loss of turnover, loss of gross margins, loss of opportunities), or any reputational damage.
In accordance with the principles of trade secrets, the parties agree to the utmost secrecy in relation to all information relating to the organisation of the online services, the website’s content and the parties’ online relations.
If any provision of these T&Cs is held to be invalid by a court of competent jurisdiction, such shall not affect the validity of the remaining provisions, which shall remain in full force and effect. In case of any query regarding the information on this website, please contact us from our ‘Contact Us’ link provided on the website.