Terms of Website Use and Acceptable Use Policy
1. Information about us
This website www.barden-uk.com (the “Website”) is a site operated by Barden UK Limited (“Barden”, “we“, “us” or “our”). We are a limited company registered in England and Wales under company number 1894115 and have our registered office and main trading address at 5 Little Park Farm Road, Segensworth West, Fareham, Hampshire, PO15 5SJ. Our VAT number is 615 2639 48.
2. Terms of using our website
Your use of our Website means that you accept, and agree to abide by, all the policies in this terms of website use and acceptable use policy. Use of our Website includes accessing, browsing or registering to use the Website.
A wide range of intellectual property rights are used in and relating to this Website, including:
- the trade marks and logos of Barden;
- the design, text, graphics and other content of the web pages on this Website, together with all the web addresses associated with those web pages; and
- all the software used in relation to this Website.
Barden is either the owner or the authorised licensee of these intellectual property rights in this 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. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Barden or our licensors.
3. About these terms
If you access or use any part of this Website, as a guest or registered user, you agree to these terms. If you do not want to agree to these terms, do not access or use this Website. Barden recommends that you print a copy of these terms for future reference.
Barden may change these terms at any time without giving you notice. Please check these terms from time to time for any changes. By continuing to use the Website you agree to all the changes we make to these terms.
4. Changes to the Website
Barden may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and Barden is under no obligation to update it.
We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
5. Other applicable terms
These terms refer to the following additional policies which also apply to use of this Website:
If you purchase goods from this Website, Barden’s Terms and Conditions of Sale www. barden-uk.com/terms will apply to the sale(s).
6. Using this Website
You cannot use this Website:
- for any unlawful or fraudulent purpose;
- in any way that breaches any applicable local, national or international law or regulation;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to tamper with, update or change any part of the Website;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us;
- using any automated means to monitor or copy the Website or its content, or to interfere with or attempt to interfere with how the Website works;
- to send, knowingly receive, upload, download, use or re-use any material (unless in compliance with the ‘Content standards’, set out below); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
- reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of this policy; or
- access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
7. Interactive services
We may from time to time provide interactive services on the Website, including, without limitation:
- Chat rooms;
- Bulletin boards; and other interactive services
Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any Interactive Services that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any Interactive Services should be made aware of the potential risks to them.
Where we do moderate any Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8. Content standards
These content standards apply to any and all material which you contribute to the Website (“Contributions”), and to any Interactive Services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this policy constitutes a material breach of the terms of this policy upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You use the Website at your own risk.
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
As far as the relevant laws allow, we do not guarantee that:
- there will be no problems with how you use the Website; or
- the computer or server you use to log on to the Website is free of viruses or other harmful programs.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
11. Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
12. Limits to our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the 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, the Website; or
- use of or reliance on any content displayed on the Website.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Nothing in these terms 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.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Sale www.barden-uk.com/terms.
Barden does not guarantee that the 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 the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended from time to time). Barden will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
14. Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage Barden’s reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
Barden reserves the right to withdraw linking permission without notice.
The Website in which you are linking must comply in all respects with the content standards set out in this policy.
If you wish to make any use of content on the Website other than that set out above, please contact firstname.lastname@example.org.
15. Third party links and resources in the website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
Barden has no control over the contents of those sites or resources.
16. Changes to the terms of website use and acceptable use policy
We may revise this policy and its terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this terms of website use and acceptable use policy may also be superseded by provisions or notices published elsewhere on the Website.
17. The whole agreement
These terms make up the whole agreement between you and Barden in how you use the Website. If a court decides that a term is not valid, the rest of the terms will still apply.
18. Applicable law
If you are a consumer, please note that this policy and its terms, their subject matter and formation, are governed by English law. You and Barden agree to the non-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.
If you are a business, this policy and its terms, their subject matter and formation (and any non-contractual disputes or claims), are governed by English law. You and Barden agree to the exclusive jurisdiction of the courts of England and Wales.
To contact Barden, please email email@example.com.