WEBSITE TERMS OF USE

By visiting and using www.birleybakery.com (the “Website”) the visitor (“you”) accepts these Website Terms and Conditions (“Terms”). This is the Website for “Birley Bakery” (the “Bakery”), the activities of which include online sales of goods via the Website and the operation of a bakery and chocolate shop. The Bakery is operated by Birley Pastry Madison Avenue LLC, with offices at 20 East 69th Street New York NY 10021 (“we” or “us”). To contact us, please email newyork@birleybakery.com.

Please read these Terms carefully because they govern your use of the Website and content and services accessible via the Website. By using the Website, you confirm that you understand and accept these Terms and that you agree to comply with them.

1. There are other terms that may apply to you

1.1. These terms refer to the following additional terms, which also apply to your use of our Website:

(a) Our Privacy Notice, which explains how we collect, use and store your personal data.

(b) Our Cookie Notice, which sets out information about the cookies on our Website.

Except for certain kinds of disputes described in Dispute Resolution and Arbitration, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. By accepting these Terms, you waive the right to a trial by jury or to participate in any class action or representative proceeding.

2. We make changes to these Terms

2.1. We may change, add to or amend these Terms from time to time at our discretion. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on the date set out above.

3. We make changes to our Website

3.1. At our discretion, we may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities or for other reasons. We may suspend or withdraw or restrict the availability of all or any part of the Website for business, operational, and other reasons, and at our discretion.

4. We may suspend or withdraw our Website

4.1. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You must keep your account details safe.

4.2. If you create a Bakery account (an “Account”), it is important that you provide us with accurate, complete and up-to-date information. You agree to update such information, as needed. If you do not, we might have to suspend or terminate your Account.

4.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures including in connection with your Account, you must treat such information as confidential. You agree that you will not disclose your Account password to anyone, and you will notify us immediately of any unauthorised use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

4.4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.5. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the email address set out in paragraph 1.3.

5. How you may use material on our Website

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

5.2. The content on our Website is made available to you strictly for your personal use.

5.3. You must not: (i) use any of the content on our Website for commercial purposes; and/or (ii) republish, post, transmit, edit, syndicate or distribute any such content without our express prior written consent.

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

5.5. Other than as permitted above in this ‘How you may use material on our Website’ section, you may not extract data from the Website in any way for any reason.

6. Rules about linking to our Website

6.1. You must not link to our home page without our prior written consent, and you must immediately remove any links if we revoke our consent.

6.2. If you wish to link to or make any use of content on our Website, please email newyork@birleybakery.com.

7. Do not rely on information on this Website

7.1. The content on our Website 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 Website.

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

8. We are not responsible for third party links

8.1. Where our Website 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.

8.2. We have no control over the contents of those sites or resources.

9. We do not make any warranties or guaranties about the Website

9.1. The Website is provided as-is without warranty of any kind. We do not guarantee that the Website, or any content on it, will be accurate, complete, or up-to-date or always be available or be uninterrupted or that the Website will be free from viruses, worms, trojan horses, or other harmful elements. The content on the Website is provided for general information only.

9.2. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR RELATED COMPANIES, OR OUR OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, LICENSORS, OTHER BUSINESS PARTNERS, AND EMPLOYEES (OUR PARTIES) BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE WEBSITE, OR YOUR USE OF THE WEBSITE SITE, ANY CONTENT PROVIDED ON, LINKED TO, OR DOWNLOADED FROM THE WEBSITE, OR ANY PRODUCTS, SERVICES, AND OTHER OFFERS REFERENCED OR OBTAINED THROUGH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US AND OUR PARTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE WEBSITE, OR YOUR USE OF THE WEBSITE, ANY CONTENT PROVIDED ON, LINKED TO, OR DOWNLOADED FROM THE WEBSITE, OR ANY PRODUCTS, SERVICES, AND OTHER OFFERS REFERENCED OR OBTAINED THROUGH THE WEBSITE SHALL NOT EXCEED US$ 100.00.

10. How we use your personal information

10.1. We will only use your personal information as set out in our Privacy Notice.

11. Arbitration Agreement, Class Action Waiver and Jury Waiver

11.1. You agree that final and binding arbitration on an individual basis will be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of these Terms, the Website, or your use of the Website, any content provided on, linked to, or downloaded from the Website, or any products, services, and other offers referenced or obtained through the Website. You acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).

11.2. Arbitration under these Terms will be conducted by the American Arbitration Association (AAA). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address: newyork@birleybakery.com (“Dispute Contacts”).

11.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION WILL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction WITHOUT A JURY and not in arbitration.

11.4. If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first access the Website by sending a written notification to the Dispute Contact that includes your actual name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

11.5. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. BOTH PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

12. General terms

12.1. These Terms, which incorporate the Privacy Notice and Cookie Notice are the entire agreement between you and us regarding the Website. These Terms are governed by the laws of the State of New York, without giving effect to any principles of conflicts of law. The Website has been designed to comply with United States law. You are responsible for complying with all applicable local laws if you access the Website from locations outside the United States. If any provision of these Terms is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the remainder of these Terms will continue in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of our rights to enforce such provision.