Terms + Conditions

1. INTRODUCTON.

This website under the domain name www.typar.com (the “Website”) is operated by Berry Global Inc, (registered number 5683352) whose registered office is at Forsyth House, 211-217 Lower Richmond Road, Richmond on Thames, London TW9 4LN (“Berry”, “we”, “us” or “our”). These Terms and Conditions are issued by Berry Global, Inc. and they apply to the entire contents of the Website and to any correspondence between us or any member of our group and you. Please read these Terms and Conditions carefully before using the Website.

2. ACCEPTANCE OF THESE TERMS + CONDITIONS.

2.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions in full, do not use the Website.

2.2 We may revise these Terms and Conditions at any time and without notice. You should check the Website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain of these Terms and Conditions may be superseded by expressly designated terms and conditions located on particular pages of the Website.

3. LICENSE.

3.1 You are granted a non-exclusive license to use the Website on the basis of these Terms and Conditions. We may terminate this license at any time and without notice.

3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs, graphical images and the design, layout, look and appearance) are owned by us or our licensors.

3.3 You are permitted to view, print and download extracts from the Website for your own use (and not for commercial use) on the following basis:

  1. no documents or related graphics on the Website are modified in any way;
  2. no graphics on the Website are used separately from the corresponding text; and
  3. our copyright and trademark notices and this permission notice appear in all copies.

3.4 For the purposes of these Terms and Conditions, any use of extracts from the Website other than in accordance with clause 3.3 for any purpose is prohibited. If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

3.5 Subject to clause 3.3, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or made available to third parties without our prior written permission.

3.6 Any rights not expressly granted in these Terms and Conditions are reserved.

4. SERVICE ACCESS.

While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

5. VISITOR MATERIAL + CONDUCT.

5.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from the Website any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  2. for which you have not obtained all necessary licenses and/or approvals; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3 You may not misuse the Website (including, without limitation, by hacking).

5.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.

6. LINKS TO + FROM OTHER WEBSITES.

6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6.2 You may not create links to the Website without our prior written permission.

7. DISCLAIMER.

7.1 The material in the Website is intended to provide general information only and is not to be relied upon by any particular individual or class of individuals, or for any purpose. Nothing on the Website is intended to be nor should be construed as an offer to enter into a contractual relationship with us or any member of our group or an invitation or an inducement to invest in or deal in any securities of Berry Global, Inc. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on the Website and the past performance of the price of securities cannot be relied on as a guide to future performance.

7.2 While we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy, currency, completeness or usefulness of the material on the Website. We may make changes to the material on the Website at any time without notice.

7.3 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms and Conditions, might have effect in relation to the Website.

8. LIABILITY.

8.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), all members of our group and the officers, directors, employees, representatives, shareholders or agents of any of them exclude all liability of whatsoever nature and howsoever arising (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of business, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract, breach of statutory duty or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

8.2 Nothing in these Terms and Conditions shall exclude or limit our liability for death, personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), fraud or any liability which cannot be excluded or limited under applicable law.

8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. WHOLE AGREEMENT.

These Terms and Conditions, including the Privacy Policy (which forms part of these Terms and Conditions), contain all of the terms which have been agreed between Berry and you in relation to the use of the Website.

10. GOVERNING LAW + JURISDICTION.

The Website is controlled in and operated from The United States. These Terms and Conditions shall be governed by and construed in accordance with US law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the US courts.

11. COPYRIGHTS + TRADEMARKS.

All content included in this Website (including but not limited to text, design, graphics and code and the arrangement thereof) is the property of or licensed to Berry Global, Inc. or a member of its group of companies and is protected by copyright, trademark, trade dress and other laws in various countries.  The content should not be copied, imitated or reproduced in any other way without Berry’s express written permission.  This Website contains references to various trademarks, service marks and trade names including but not limited to Berry Global, Inc. and TYPAR® (collectively the “Marks”).

All Marks are owned by or licensed to Berry Global, Inc. or a member of its group of companies or otherwise properly used by Berry Global, Inc. or a member of its group of companies and many of the Marks are registered in a number of countries around the world.  Berry Global, Inc. does not grant any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute the content (including but not limited to the Marks and other intellectual property) included in this Website.

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