Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WEBSITE TERMS OF USE

The following terms and conditions govern your use of the sites located at www.lowepro.co.uk (the "Website").  Use of our Website includes accessing, browsing, or registering to use our Website. By using this Website you are indicating your acceptance of these terms. Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of this for future reference. We reserve the right to make changes to this Website and these Terms and Conditions at any time. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.

OTHER APPLICABLE TERMS

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

  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Section 6, Our Acceptable Use Policy, sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our Website.
  • If you purchase goods from our Website, our Terms and Conditions of Supply will apply to the sales.

  1. WEBSITE ACCESS

It is not necessary to register with us in order to use most parts of this Website. (However, particular areas of this Website will only be accessible if you have registered, for example product ordering.)


  1. USE OF WEBSITE

2.1 This Website is for general information purposes only and may be used for your own private purposes and in accordance with these terms of use.

2.2 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent. We are the owner or the licensee of all intellectual property rights in 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. The trademarks on this Website may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

2.3 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it .

2.4 The views expressed by other users on our Website do not represent our views or values.

  1. SITE UPTIME

3.1 All reasonable measures are taken by us to ensure that this Website is operational all day, every day. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

3.2 Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

  1. VISITOR PROVIDED MATERIAL

4.1 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in Section 6 (Acceptable Use).

4.2 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.  We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in Section 6 (Acceptable Use).

4.3 Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

4.4 The views expressed by other users on our Website do not represent our views or values.

4.5 We will fully co-operate with any law enforcement agency or court order requiring us to disclose the identity or other details of any person posting material to this Website.


  1. LINKS TO AND FROM OTHER WEBSITE

5.1 Throughout this Website you may find links to third party websites. These links are provided for your information only. The provision of a link to such a website does not mean that we endorse that website.  If you visit any website via a link on this Website you do so at your own risk since we have no control over the contents of those websites or resources.

5.2 Any party wishing to link to this Website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are associated with, approving or endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website;

(c) the website from which you link to this Website does not contain offensive or otherwise  controversial content or, content that infringes any intellectual property rights or other rights of a third party;

(d) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

(e) you must not establish a link to our Website in any website that is not owned by you.

5.3 There are no warranties, express or implied, in respect of any information, material, products or services which are contained on or accessible through such third party websites.  We do not accept any responsibility for or liability arising out of or related to such third party websites or their contents.

5.4 By linking to this Website you shall indemnify us for any loss or damage suffered by us as a result of such linking to this Website.


  1. ACCEPTABLE USE

6.1 When using this website you shall not post or send to or from this Website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer

viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

6.2 Where you contribute any materials to our site, such contributions must not:

  • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material, violence, discrimination or any illegal activity;
  • infringe any copyright, database right or trade mark of any other person;
  • be threatening, abuse or invade another’s privacy, or harass, embarrass, cause annoyance, inconvenience or needless anxiety to any party
  • give the impression that they emanate from us, if this is not the case

6.3 We will determine, in our discretion, whether there has been a breach of this acceptable use section through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site and removal of any posting or material uploaded by you to our site.
  • legal action against you.
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

  1. VIRUSES

We do not guarantee that our Website will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.


  1. ACCOUNT

8.1 You may choose to create an account ("Account") on our Website. You may not be able to access or use certain features of or services offered on our Website if you do not have an Account. If you would like to create an Account, you will need to input an e-mail address and password to access your Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You will be responsible for all activities that occur under your Account (including but not limited to any purchases of our merchandise made through your Account) unless you notify us that your Account is being used by a third party without your consent.

8.2 We may terminate your Account, at any time, and without prior notice to you if:

(a) we reasonably believe that you are using your Account in breach of these Terms of Use,

(b) we reasonably believe that a third party is using your Account without your consent, or

(c) we need to terminate or suspend your Account for security or maintenance purposes.


  1. DISCLAIMER

9.1 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and/or up to date.

9.2 All material contained on this Website is provided without any warranties representations or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. You use the material on this Website at your own discretion.


  1. EXCLUSION OF LIABILITY

10.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law

10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

  1. LAW AND JURISDICTION

These terms of use, its subject matter and its formation are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the courts of England and Wales.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

CONTACT US

If you have any comments or questions, please do not hesitate to contact us:

DayMen International Ltd
Suite 1,
Ground Floor,
St. David's Court,
Union Street,
Wolverhampton,
WV1 3JE

Telephone: 0845 250 0792
Fax: 0845 250 0791
Email: info@lowepro.co.uk
VAT registration no:
GB 864 419 503