Website Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

 

Effective Date: October 19, 2018

 

WHAT’S IN THESE TERMS OF USE?

 

These terms of use (terms) describe the terms and conditions under which B&W Group Ltd., offers you access to www.bowerswilkins.com (our site). If you are purchasing products from us, our Sales terms & conditions will apply.  Retailers, distributors, and resellers have separate agreements with us that apply to you instead of these terms.

 

Click on the links below to go straight to more information on each area:

  1. About us and our contact details
  2. Acceptance of these terms of use
  3. Suspending or withdrawing our site
  4. Using material on our site
  5. Information on this site
  6. Our trademarks are registered
  7. Our liability to you
  8. Viruses
  9. Restrictions
  10. Websites we link to and linking to our site
  11. Updating these terms of use and our site
  12. Jurisdictional restrictions
  13. General Legal Terms

ABOUT US AND OUR CONTACT DETAILS

 

www.bowerswilkins.comis a site operated by B&W Group Ltd. (we, our, or us). We are a company registered in the United Kingdom.  We are a wholly-owned subsidiary of EVA Automation, Inc., a Delaware corporation, which has its headquarters at 900 Middlefield Avenue, Redwood City, CA 94063. Our wholly-owned subsidiary Equity International Inc., a Massachusetts corporation, provides support for our customers.

 

To contact us, please see our Contact us page.

 

ACCEPTANCE OF THESE TERMS OF USE

 

By accessing, viewing, or otherwise using our site, you confirm that:

  1. you are the age of legal majority or older in your place of residence and otherwise legally competent to enter into a legally-binding contract; and
  2. you accept these terms and agree to comply with them.

If you do not agree to these terms, then please do not use our site and your use of our site will be considered unauthorized access. We recommend that you print a copy of these terms for future reference.

 

You may be required to create an account (account) to use certain features of our site.  You agree that you will maintain your account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your account and use of our site.    

You agree to protect the security of your account and the password controlling access to it.  You are responsible for all use of your account, including all charges incurred by users of your account.

 

You are responsiblefor the software, hardware and Internet service needed to accessand use our site.  If you access and use our site your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to use of our site through your mobile device.  

 

These terms apply between us and you. No other person is entitled to benefit under these terms of use.

 

Our Privacy policy applies to your use of our site and is incorporated by reference in these terms as if fully set forth.  It sets out the terms on which we process any personal data we collect from you or that you provide to us, and information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Certain features of our site may be subject to additional terms (additional termspresented in conjunction with them. Regardless of how they are presented to you, we require that you agree to additional terms before using the features of our siteto which they apply.  Unless otherwise specified in additional terms, all additional terms are incorporated into these terms.  If you do not agree to additional terms, then you may not use the site or service to which they relate.  These terms and additional terms apply equally but, if any additional term is inconsistent with any provision of these terms, the additional term will prevail for the site or service to which the additional terms apply.

 

SUSPENDING OR WITHDRAWING OUR SITE

 

Our site is made available free of charge. 

 

We do not guarantee that our site or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension (other than maintenance) or termination of our use of the site.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

USING MATERIAL ON OUR SITE 

 

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright and other intellectual property rights’ laws and treaties around the world. All rights are reserved.

 

You may draw the attention of others within your organisation to content posted on our site. You must 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.

 

Our status (and that of any identified contributors or writers) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

INFORMATION ON THIS SITE 

 

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

OUR TRADE MARKS ARE REGISTERED

 

Trademarks of B&W Group Ltd. are listed below. You are not permitted to use them without our approval.

 

302™

303™

304™

305™

306™

503™

504™

505™

506™

507™

603™

607™

608™

600 Series™

683™

684™

685™

686™

700 Series™

702™

703™

704™

705™

706™

707™

800 Series Diamond™

801™

802™

802 Diamond™

803™

804™

805™

806™

A5™

A7™

Aerofoil™

AM™

ASW™

AVM™

B&W™

B&W Bowers & Wilkins™

B&W Cinema™

B&W Device™

B&W DM™

B&W DM Bowers & Wilkins Electronics Ltd™

B&W Group™

Bowers™

Bowers & Wilkins™

C3™

C5™

C6™

C7™

C8™

C9™

Carbon Dome™

CM™

Concert for one™

Continuum™

CT™

CX™

DB1™

DB1D™

DB2D™

DB3D™

DM601™

DM602™

DM603™

DM604™

DM605™

DS™

E1™

Formation™

Formation Duo™

Hex™

Honest Audio™

ISW™

John Bowers™

John Bowers Systems™

L-Connect™

LCR™

Liberty™

Limbic™

Listen and you’ll see™

LM™

LM1™

LM1™

M1™

M-1™

Matrix™

Micro Matrix™

MM-1™

Naked Audio™

Nautilus™

Nautilus 800™

Nautilus 801™

Nautilus 802™

Nautilus 803™

Nautilus 804™

Nautilus 805™

Nautilus 806™

P3™

P5™

P7™

P9™

P9 Signature™

Panorama™

PM1™

Pressure Vessel™

PV™

PV1™

PX™

QuickDogs™

Rotel™

Rotel HiFi Device™

Secure Loop™

Signature™

Signature Diamond™

Society of Sound™

Solid™

T7™

T7 Gold™

Turbine™

Wilkins™

Z1™

Z-1™

Z2™

Zeppelin™

Zeppelin Air™

Zipdogs™

 

CLAIMS OF COPYRIGHT INFRINGEMENT

We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.  Our DMCA Agent only responds to notices that comply with the requirements of the DMCA.  Please see www.copyright.gov or https://www.lumendatabase.org/topics/5 for more information.   Please do not send any other correspondence or inquiries to our DMCA Agent.

 

DMCA Notice: If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the content on our site, please send your claim or notice of infringement (“DMCA Notice”) to our DMCA Agent at the address below.  

 

DMCA Agent:

Please send DMCA Notices to the B&W Group Ltd DMCA Agent at the following email address: dcma-agent@bowerswilkins.com.   

 

Your DMCA Notice must be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.  You must sign (physically or electronically) your DMCA Notice.

 

After we receive your DMCA Notice, we will promptly respond to your DMCA Notice.

 

We may forward a copy of a DMCA Notice (including name and email address) to the alleged infringer or may forward a copy of a DMCA Notice to https://www.lumendatabase.org/ or publication. Any user may ask for a copy of any DMCA Notice, although we may make certain redactions to eliminate irrelevant or personal information.  We will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers, and reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement or other violations of intellectual property rights.

 

DMCA Counter Notification:  If a DMCA Notice is submitted about content that you submitted to our site, and we remove your content, you may file a counter notification.  If we receive a counter notification from you and we do not receive notice that a court action was filed concerning your content, we will no longer accept notices from the same copyright holder regarding the content on the reported pages. 

 

Under the DMCA, a counter notification must be in writing and include following:

  1. Identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled; 
  2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; 
  3. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in which B&W Group Ltd. may be found) and that you will accept service of process from the person who submitted the DMCA Notice or an agent of such person; and 
  4. Your physical or electronic signature on the counter notification.

OUR LIABILITY TO YOU

 

If you are a business user:

  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our site; or (ii) use of or reliance on any content displayed on our site.
  3. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

If you are a consumer user, we only provide our site for non-commercial and personal use only. You may use our site for lawful, non-commercial purposes only.

 

For all users:

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM OR RELATED TO YOUR USE OF OUR SITE.  

YOU AGREE THAT OUR MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

 

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. 

 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Sales terms & conditions.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

You acknowledge and agree that the above limitations of liability, together with the other provisions in these terms that limit liability, are essential terms and that we would not be willing to grant you the rights set forth in these terms but for your agreement to the above limitations of liability.

 

RESTRICTIONS

 

You agree that you will not:

  1. Republish, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of our site;
  2. Misuse our site by knowingly transmitting or submitting to the site any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; 
  3. Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in our site or attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site; 
  4. Decompile, reverse engineer, disassemble or decode our site or otherwise attempt to derive or gain access to the source code of any part of our site (unless applicable laws specifically prohibit such restriction;
  5. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of our site;
  6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any features or functionality of our site to any third party for any reason; 
  7. Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of our site though time-sharing, use of service bureau;or
  8. Attack our site via a denial-of-service attack or a distributed denial-of service attack.

When applicable, we will report any breach of the foregoing restrictions 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 site will cease immediately.

 

WEBSITES WE LINK TO AND LINKING TO OUR SITE 

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

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. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

 

No part of our site can be reformatted or framed on any other site. You may not create a link to any part of our site other than the home page. 

We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please see our Contact us page.

 

UPDATING THESE TERMS OF USE AND OUR SITE 

 

The Effective Date of these terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these terms.  We will provide you with advance notice of material amendments to these terms by posting a copy of amended terms to our website.  We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of our site.  Your continued use of our site after the Effective Date constitutes your acceptance of the amended terms.  As of the Effective Date, the amended terms supersede all previous versions of or agreements, notices or statements about these terms.

 

WARRANTY DISCLAIMER

 

Although we use commercially reasonable efforts to make sure that the content of our site is accurate and reliable, we do not warrant that our site is accurate, complete, reliable or error-free.  

 

OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

JURISDICTIONAL RESTRICTIONS

You are responsible for compliance with all applicable laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  

You acknowledge that you may not be able to access our siteoutside of the United States and that access thereto may not be legal by certain persons or in certain countries.  If you access our site from outside the United States, you are responsible for compliance with local laws.

 

DISPUTE RESOLUTION

 

These terms are governed by and construed and enforced in accordance with the internal laws of the State of California without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You acknowledge and agree that any legal action or proceeding between you and B&W Group Ltd. for any purpose concerning these terms shall be brought exclusively in a federal or state court of competent jurisdiction in or encompassing San Mateo County, California.  Any claim arising out of these terms must be brought within one (1) year of the date on which the claim arose.

YOU AND B&W GROUP LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  

Please Note: By agreeing to these terms, you explicitly agree that any claims or actions that you may otherwise have against B&W Group Ltd. under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate.  THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A COURT OF COMPETENT JURISDICTION IN THE LOCATION WHERE YOU RESIDE.

 

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these terms.

 

GENERAL LEGAL TERMS

  1. These terms which incorporate our Privacy policy contain the entire understanding by and between you and us with respect to our site
  2. You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.  You also agree that we may send you legal notices through our site.
  3. Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.
  4. These terms may not be amended unless in writing.
  5. If any provision of these terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
  6. Nothing contained in these terms will be deemed to constitute you or us as the agent or representative of the other or as joint venturers or partners. 
  7. These terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
  8. You must not transfer any of your rights or obligations under these terms to anyone else without our prior written consent. All of our rights and obligations under these terms are assignable.
  9. Headings and captions are for convenience only. 

Please address your questions, complaints or claims about our site to info@bowerswilkins.com.