Terms and Conditions of Use
These Terms and Conditions apply only to the use of this website (“Dell Performance Portal”). In the event that you access and use any other website(s) operated by BI WORLDWIDE Ltd (“BIW”) such website(s) may be subject to separate terms and conditions and you should check those terms and conditions before continuing to use the website(s) in question.
Access to, and use of, this website is provided by BIW subject to the following Terms and Conditions:
- Use of this Site constitutes your acceptance of these Terms and Conditions, which take effect immediately on your first use of the Site. BIW reserves the right to change these terms and conditions at any time by posting changes online.
- You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.
- Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of BIW. You agree not to adapt, alter or create a derivative work from any of the material contained in this Site or use it for any other purpose other than for your personal non-commercial use. You agree to use this Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Site.
- BIW will use its reasonable efforts to ensure that the Site is available for use and that the content thereon is accurate and up to date. However, use of the Site is free and the Site and the information, names, images, pictures, logos and icons regarding or relating to BIW, its products and services (or to third party products and services), are provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. BIW does not warrant that the functions contained in the material contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs and BIW does not represent the full functionality, accuracy, and reliability of the materials contained on the Site.
- To the maximum extent permitted under law, BIW will not be liable for any indirect or consequential damages including, without limitation, loss of profit, loss of opportunity or loss of goodwill, or any damages whatsoever arising from the use or loss of any data, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site. BIW will not be liable to you for any direct losses arising out of or in connection with the use of the Site unless caused by the negligence of BIW.
o your own original work and that you have the right to make it available to BIW for all the purposes specified above;
o is not defamatory; and
o does not infringe any law.
You also indemnify BIW against all legal fees, damages and other expenses that may be incurred by BIW as a result of your breach of the above warranties; and agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the other purposes specified above.
If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this Site relating to specific material then the latter shall prevail.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.
- If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this Site and therefore should cease using this Site immediately.
All rights, including copyright and database rights, in the Site and its contents, are owned by or licensed to BIW, or otherwise used by BIW as permitted by applicable law.
In accessing the Site, you agree that you will access the contents solely for your own private use and not for any commercial or public use. You can download and use materials from the Site on a single PC at a time and you can print out a single hard copy of any part of the content from the Site for your personal use.
Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Site or material available thereon without the prior written permission of BIW.
The names, images and logos identifying BIW or third parties and their products and services are proprietary marks of BIW and/or the relevant third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of BIW or any other third party.
BI WORLDWIDE Ltd © 2016
Company Number 01445905
1 Vantage Court, Tickford Street,
Newport Pagnell, Bucks
VAT Registration Number: 563 7006 47