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Terms and Conditions

Effective Date of Privacy Statement: 5th October 2011

GENERAL TERMS OF USE:

IMPORTANT: READ THIS ENTIRE AGREEMENT CAREFULLY

Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship. Where shareholder consideration of a local entity matter is contemplated by this material, responsibility for action remains with the local entity.

S. J. Burke &Company Limited t/a Burke Lubricants (hereinafter known as Burke Lubricants) and other related or linked sites and certain services, interfaces and functionality on or via the Site (the Services) to you subject to your agreement to comply with the following terms of use (the General Terms).Your use of this Site or the Services will constitute your acceptance of the General Terms. Once accepted, the General Terms will constitute a binding agreement between Burke Lubricants and you governing your use of the Site or Services (the Agreement). If you are not willing to abide by the General Terms, do not use this Site or the Services.

Please refer to section 4 for details of the principal company in the Republic of Ireland.

1) Changes and Special Additional Terms and Conditions

Burke Lubricants may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.

You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions apply to the use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.

2) Use of the Site

A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result and civil liabilities to you. We will investigate any alleged violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:

  • Logging into or attempting to log into a server or account that you are not authorised to access.
  • Accessing data or taking any action to obtain services not intended for you or your use.
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
  • Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorisation.
  • Transmitting material that contains viruses. Trojan horses, worms, time bombs, cancelbots or other computer programming or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site or Services.
  • Interfering with service to any users, host, or network including, without limitation, by means of overloading "flooding", "mailbombing", or "crashing" any computer system.

B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).

C. Infringement. You are prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.

D. Other Prohibited Actions. In using the Site or Services, you must not:

  • Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive or another person's privacy or other rights, or any material that Burke Lubricants in its sole discretion does not wish posted or transmitted on the Site and Services.
  • Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you.
  • Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability.
  • Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of the TCP/IP packet header information in any e-mail or other posting.
  • Engage in deceptive on-line marketing.
  • Assist or permit any persons in engaging in any of the activities described above.

E. Your Content. You must exercise caution, good sense and proper judgement in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

F. You agree that use of any information obtained via the Site or Services is at your own risk.

G. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement and actual or attempted violations by a third party acting on your behalf shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site and Services in any manner.

H. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade rights now or hereafter, owned, controlled or possessed by Burke Lubricants.

I. Linking. You may not link to this site, other than to the home page, without prior written permission from Burke Lubricants. You may download and print one copy of the content on this Site for your personal non-commercial use, or in connection with your purchase of any Burke Lubricants products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off on to paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with any way any portion of this Site.

3) Trading and Copyright Policy

BOP and certain other brands, trademarks and services marks are marks of Burke Lubricants and its affiliates. Not all marks of Burke Lubricants will appear on this Site and not all products or services listed on this Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products and services.

The user may forward, distribute and/or photocopy copyrighted materials of Burke Lubricants located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers and other information. You may not copy these documents to a website.

4) S J Burke & Company Limited t/a Burke Lubricants

Republic of Ireland Registration No. 76823
Registered Office: Milltown Shopping Park, Rathnew, Wicklow, Co. Wicklow.

5) Privacy Policy

See our Privacy Statement document on the website.

6) No Warranty

The Site and Services are provided "As Is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law. Burke Lubricants disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Burke Lubricants does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be correct, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Burke Lubricants does not make any warranties or representations regarding the use of contents of this Site or services in terms of t heir correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.

7) Limitation of Liability

Burke Lubricants shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, services or products described on this Site, even if Burke Lubricants has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.

8) Non Confidentiality of User Materials

You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in Burke Lubricants Privacy Policy or separate written agreement between you and Burke Lubricants and give Burke Lubricants an unrestricted, irrevocable, worldwide, royalty free licence to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Burke Lubricants has the right to use, without any payment or accounting to you or others, any concepts, knowhow or ideas which you and those who act on your behalf) transmit to or through the Site.

9) Use of Third Party Website

As a convenience, Burke Lubricants may provide links to websites operated by third parties. If you decide to access a third party's website through a link provided by this site, you do this at your sole risk. Burke Lubricants is not responsible for any viruses or other damaging elements encountered in linking to a third party website. Burke Lubricants makes no warranty or representation regarding and is it not responsible for, the linked websites or the content of such websites.

10) User Communication areas

The Site may contain areas where users communicate with each other, including but not limited to bulleting boards, calendars, chat areas or personal web pages.

Burke Lubricants has the right but not the obligation to monitor or review any part of the Site or the Services including the user communication areas. However, Burke Lubricants shall have no liability related to the content of any communications made in these areas.

11) Disclosure – Forward Looking Statements

Some of the information on this Site may contain projections or other forward looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and actual events or results may differ materially. The information contained in this web site does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in on in connection with any investment decision.

12) Global Availability/Export Controls

Portions of this Site and Services may be controlled and operated by Burke Lubricants offices in Irish Republic. Burke Lubricants makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations and access to them from other countries where their contents are illegal or penalised is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries which are sanctioned by the Republic of Ireland.

Those who access the Sites or Services do so on their own and are responsible for compliance with all applicable Republic of Ireland and local laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all Irish laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the Republic of Ireland embargoes or sanctions goods, services or technology. In addition you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.

13) Indemnity of Company

You agree to indemnity, hold harmless and defend Burke Lubricants as well as Burke Lubricants, officers, directors and employees, from and against any claim, demand, cause of action, debt, loss of liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account, of the terms and conditions of this Agreement.

14) Applicable Law and Dispute Resolution

This Agreement shall be governed by the internal substantive laws of the Irish Republic.

15) Special Note for Parents

Portions of this Site and Services may be of special interest to children but Burke Lubricants does not seek through this Site to gather personal information from persons under the age of 18.

16) How to Contact Us

If you have any questions or concerns about the online policy for this site or its implementation you may contact us at

Burke Lubricants
Milltown Shopping Park
Rathnew
Co. Wicklow
Ireland

If any provision of these terms shall be unlawful, void or, for any reason, unenforceable, then those provisions shall be deemed severable and shall not affect the validity and enforceability or legality of the remaining provisions.

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