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Terms and conditions of use of the Kirkby Microwave website

1. Acceptance of terms

1.1 Your access to and use of the Kirkby Microwave website is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the website.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is, therefore, your responsibility to check the Terms and Conditions regularly for any changes.

2. Child supervision

The technical nature of the material on the Kirkby Microwave website is not intended for children. However, there should be nothing on this site that parents should be concerned about letting their children view. It is not possible for anyone other than a Kirkby Microwave employee to legally place anything on our website, this should not change.

Of course, websites can be hacked, and whilst we take all reasonable precautions to prevent this, using SSH and not FTP to connect to the site, if the website was hacked, we would have no control over the content.

We also link to many third-party websites, over which we have no control.

If any of this is a concern for parents, please do not let your children look at our website.

3. Privacy and cookies

3.1 Use of the Website is also governed by our Privacy Notice and Cookie Policy which is incorporated into these terms and conditions.

3.2 As stated in our Cookie Policy the Kirkby Microwave website does not use cookies, although that may change in the future.

4. User account, password and security

Currently, the Kirkby Microwave website does not have the ability for users to log in, so account security is not currently an issue, as there are no user accounts.

5. Permitted use

Your use of the website is only permitted for the following purposes.

  1. To make an informed decision whether or not to purchase one or more of our products or services.
  2. To purchase one or more of our products online (not all our products are available for purchase online).
  3. To obtain technical support information about our products.
  4. For educational purposes. We have a number of application notes, manuals, Ph.D theses, which are provided on an as-is basis, but which we hope are useful. Most can be found on our links page.
  5. Read any FAQs, which will hope will be useful.
  6. Read our policies, all of which are liked from the Company item on the menu bar.
  7. Print no more than 5 copies of any document found on our website written by Kirkby Microwave.
  8. To obtain contact information in case you wish to contact us.

6. Acceptable use

6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Kirkby Microwave will not be liable in any way for any Content or any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

6.2 In using the Website/Services you agree not to:

6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary rights of any party;

6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

6.2.7 collect or store personal information about others, including email addresses;

6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose unless such communication facility specifically allows such messages;

6.2.9 impersonate any person or entity to mislead others;

6.2.10 violate any applicable laws or regulations;

6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;

6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any content that breaches these Terms and Conditions or is otherwise objectionable.

7. Termination

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

8. Links to third party websites

The Website/Services includes many links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Kirkby Microwave is not responsible for the content or availability of any such sites.

9. International use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

10. Intellectual property rights

10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws.

11. Indemnity

You agree to indemnify and hold Kirkby Microwave harmless from and against any breach by you of these Terms and Conditions. Also for any claim or demand brought against Kirkby Microwave by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services. This includes, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Kirkby Microwave in consequence of your breach of these Terms and Conditions.

12. Disclaimers and limitation of liability

12.1 Use of the Website/Services is at your own risk.

12.2 To the extent permitted by law, Kirkby Microwave will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

12.3 Kirkby Microwave makes no warranty that the Website/Services will meet your requirements. All reasonable errors are made to ensure the content is accurate and reliable, but it is inevitable that there will be errors. We make no warranty that the functionality of the website will be uninterrupted or error-free. It is occasionally necessary to stop the server for maintenance. We can give no guarantee that the content on the website is free of viruses or anything else which may be harmful or destructive.

12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Kirkby Microwave for death or personal injury as a result of the negligence of Kirkby Microwave.

12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

13 Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

14 Governing law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

15. Changes to these terms and conditions

We may update these terms and conditions at any time. It is your responsibility when using the website to make yourself aware of any changes. We will update the date at the on the terms and conditions.

These terms and conditions were last updated on 11th August 2018

Kirkby Microwave Ltd is registered in England and Wales, company number 08914892. Registered office: Stokes Hall Lodge, Burnham Rd, Althorne, Essex, CM3 6DT.