Terms of Use

Company Information:

Pentland Brands plc
Company Registration Number: 3935
Company Registration Address: PO Box 90, Erskine House, 66-73 Queen Street, Edinburgh EH2 4NH
V.A.T Registration Number: GB 231 0451 21
Registered in Scotland

Legal Notice:

SPEEDO and Arrow Device are registered trade marks owned and used under licence from Speedo Holdings B.V.

BERGHAUS is a registered trade mark owned by Berghaus Limited

BOXFRESH is a registered trade mark owned by Boxfresh International Limited

BRASHER is a registered trade mark owned by Brasher Boot Company Limited

ELLESSE and the Semipalla Device are registered trade marks owned by Ellesse International Spa

FRANCO SARTO is a registered trade mark owned by Pentland USA Inc.

GIO-GOI is a registered trade mark owned by Gio Goi Brands Limited

HUNTER is a registered trade mark owned by Hunter Boot Limited

KangaROOS is a registered trade mark owned by and used under licence from Asco Group Limited

KICKERS is a registered trade mark owned and used under licence from Kickers International B.V.

LACOSTE and the ALLIGATOR Device are registered trade marks owned and used under licence from Lacoste SA

MITRE, the DELTA Device and the COMET Device are owned by Mitre Sports International Limited

ONE TRUE SAXON is a registered trade mark owned by ONETrueSaxon Limited

RADCLIFFE is a registered trade mark owned by Radcliffe Denim Company

RED OR DEAD is a registered trade mark owned by Red or Dead Limited

TED BAKER is a registered trade mark owned and used under licence from Ted Baker Limited.

Terms and Conditions:

This website is brought to you by Pentland Brands plc (“Pentland Brands”), and all rights, including copyright, in the content of these Pentland Brands web pages are owned or controlled by Pentland Brands.

If you have any comments or queries relating to this website, please contact us at Pentland Brands plc, The Pentland Centre, Lakeside, Squires Lane, London N3 2QL.

You (“the User”) are invited to use the Pentland Brands Website (“the Website”) on the basis of the terms and conditions of use set out below.

1. Terms of Use

a) By entering the Website and using the Features you are deemed to have read and accepted these Term of Use. If you do not accept these Term of Use or any part of them, you should not enter or use the Website.

b) Pentland Brands may modify these Terms of Use from time to time. Your continued use of this Website following such change demonstrates your agreement to be bound by the modified Terms of Use.

2. The Features

The Website currently makes the following features available to the User Text Messaging, e-postcards, video clips, downloading of screensavers, desktops and soundsets.

3. Registration

a) Before using the Features, the User must register with Pentland Brands by submitting the Registration Form. Upon registration, Pentland Brands will issue each User with a unique password. This password allows the User to access the Features.

b) The User is solely responsible for maintaining the security and confidentiality of the password and must not reveal it to any unauthorised third party.

c) If the password is lost or becomes known to an unauthorised third party, the User must notify the Moderator as soon as possible. Pentland Brands will disable the original password and issue a replacement.

4. Misuse of Features

a) In providing the Text Messaging and e-Postcard Features, Pentland Brands’ role is limited to enabling the relevant communications to take place. Pentland Brands does not monitor material disseminated by Users through these features. Pentland Brands does not monitor or confirm the identity or age of the User.

b) The User agrees to use the Feature in good faith and in the spirit in which it is made available to Users and in particular the User agrees:

• (i) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful; and
• (ii) not to use the Feature for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party.

c) If the User or any other party has any issues or concerns with the content of any communications generated via the Website, they should contact the Moderator as soon as possible.

d) In the event that Pentland Brands is informed or has any reason to believe that the Feature is being used by a User other than in accordance with these Terms, Pentland Brands may in its sole discretion suspend or permanently prevent access by the User to the Feature and shall have no liability to the User whatsoever in such event.

5. Privacy Policy

a) Pentland Brands is careful to ensure that any personal information submitted by the User is properly looked after. Pentland Brands is committed to meeting the requirements of all relevant laws and codes including the Data Protection Act 1998 and is registered with the Information Commission under registration no Z7299961 as a Data Controller.

b) Personal Information

• (i) The only personal information that we will collect is the personal information that you provide to us when you register with us or which are required to use certain of the Features. We will at any time, at your written request, provide you with a copy of any personal information that we are holding about you.
• (ii) By using this Website and communicating electronically with Pentland Brands, the User acknowledges and agrees to Pentland Brands processing personal information in accordance with these Terms.

c) Pentland Brands may use cookies in order to provide a better service or identify which pages on the Website are of special interest. A cookie is a small piece of information which a website stores via your web browser on your PC and which can later be retrieved. Cookies cannot be read by a website other than the one that set it. The main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same site. Most cookies last only through one session or visit to our website. None will contain information that will enable anyone to contact you via telephone, e-mail, or any other means. You can set up your web browser to inform you when cookies are ser or to prevent cookies form being set.

d) Disclosure

Except as otherwise provided, Pentland Brands will not disclose any information processed by us to any third party, unless required to do so by law.

e) Changes to our Privacy Policy

• (i) Any changes to the Privacy Policy will be posted here.
• (ii) If Pentland Brands wishes to make material changes to the way we use your personal information we will ask for your consent before we do so.

6. Website Content – Accuracy and Permitted Use

a) Pentland Brands makes every effort to ensure that the content of the Website is accurate and up-to-date, but Pentland Brands does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

b) Pentland Brands may remove material or Features from the Website at its own discretion and without any notice.

c) You are permitted to use the material which is displayed on the Website from time to time only as expressly authorised by Pentland Brands.

d) This website is intended to provide information relating to Pentland Brands products and is designed for personal, non-commercial use only.

e) Users may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) advertising or to promote or encourage traffic to any other website.

7. Intellectual Property Rights

a) You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Pentland Brands and is protected by copyright and other laws and international treaty provisions.

b) Users may not, other than in accordance with these Terms, modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, show or play in public, download, commercially exploit, create derivative works from, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Pentland Brands to do so.

c) All trade marks appearing on the Website are owned by Pentland Brands or our affiliates and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms.

8. Limitation of Liability

a) The internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.

b) While Pentland Brands takes all reasonable steps to ensure that the Website is properly functioning at all times, Pentland Brands does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

c) Pentland Brands has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Pentland Brands shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

d) Pentland Brands does not exclude liability for death or personal injury. However, by accepting these Terms of Use, you accept that Pentland Brands cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take you own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

9. Governing Law

a) These terms and your use of this Website shall be governed by and construed in accordance with English law.

b) By accepting these Terms and using the Website or the Features, you accept that any dispute under these Terms or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

c) This Website is not intended for use of access by any person or company in any jurisdiction other than England and Wales. Those who choose to use or access this Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.