Barbour ABI Terms and Conditions

Definitions

Barbour-ABI.com (“Web Site”) is owned and operated by Barbour ABI. These terms apply only to this Web Site and to other URLs through or from which you have reached this Web Site.

“Barbour ABI”, “us”, “our” or “we” means Barbour ABI, a trading name of UBM (UK) Limited a company registered in England and Wales with company number 370721 whose registered office is at 240 Blackfriars Road, London, SE1 8BF; when used in these Terms of Use means Barbour ABI which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Barbour ABI.

The terms “you”, “your” and “yours” when used in these Terms of Use means any user of this Web Site.

Agreement

Access to and use of this Web Site and the information, materials, products and services available through this Web Site are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this Web Site, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Web Site.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Web Site, and you should always review these Terms of Use prior to using the Web Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web Site. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Minors

This Web Site is a business and commercial site. As such, it is not intended for children or minors.

Product and Services

All references on this Web Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Web Site is for information purposes only.

Ownership

Unless otherwise indicated, this Web Site and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Web Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Barbour ABI or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements on this Web Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Web Site. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Web Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Web Site for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

Trademarks

The Barbour ABI logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Web Site, unless otherwise noted, are service marks, trademarks and/or trade dress of Barbour ABI (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Web Site are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Hyperlink Disclaimer

This Web Site may contain links and/or advertisements to other web sites maintained by us in addition to links to web sites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Barbour ABI web site does not mean that Barbour ABI approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made available through such web site.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.

Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites which you may access through this Web Site, the content thereof, or the products and/or services made available through such web sites. If you decide to leave our Web Site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.

Links from other web sites

Any link to this Web Site without our written permission is prohibited. Notwithstanding authorisation to link to this Web Site, linking to any page other than the initial start page of www.Barbour-ABI.co.uk is prohibited. Persons providing access to this Web Site via a link from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning Barbour ABI.

Authorisation by us to link to this Web Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Web Site at any time and for any reason.

Anyone providing access to, or information relating to this Web Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

Data Protection Consent

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this Web Site will be handled in accordance with our Privacy Policy.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.\

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

Your obligations

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access of this Web Site.

In consideration of your use of the Web Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site’s registration form (“Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site.

You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID, whether by you or by anyone else using your account and password.

You agree to use the Web Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Web Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your ID or password and until we are so notified you will remain liable for any unauthorised use of your account.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Web Site (or any portion thereof) and/or the information, materials, products and/or services available through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this Web Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law and Jurisdiction

These Terms of Use are made under English law and this Web Site is operated from England. Access to, or use of, this Web Site or information, materials, products and/or services on this Web Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in other locations outside England.

You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web Site, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at:

Barbour ABI, Hinderton Point, Lloyd Drive, Cheshire Oaks, Cheshire, CH65 9HQ

or e-mailing us at info@barbour-abi.com

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