TERMS & CONDITIONS
This website is operated by Brand Archery Ltd.
Throughout the website, the terms “I”, “me” and “my” as well as “we”, “us” and “our” refer to Brand Archery Ltd.
Brand Archery Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. General Conditions
1.1 We reserve the right to refuse service to anyone for any reason at any time.
1.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve:
1.2.1 Transmissions over various network; and
1.2.2 Changes to conform and adapt to technical requirements of connecting networks or devices.
1.2.3 Credit card information is always encrypted during transfer over networks.
1.3 The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.4 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
2. Accuracy, Completeness and Timeliness of Information
2.1 We are not responsible if information made available on this site is not accurate, complete or current.
2.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
2.3 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
2.4 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2.5 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. Modifications to the service and prices
3.1 Prices for our products are subject to change without notice.
3.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. Services
4.1 We have made every effort to display as accurately as possible the information about our services that appear on our site.
4.2 We reserve the right, but are not obligated, to limit the sales services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
4.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5. Accuracy of Billing and Account Information
5.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.2 You agree to provide current, complete and accurate purchase and account information for all purchases made through our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Optional Tools
6.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
6.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
6.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
7. Third Party Links
7.1 Certain content, products and services available via our Service may include materials from third-parties.
7.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. User Comments, Feedback and Other Submissions
8.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
8.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9. Personal Information
Your submission of personal information through the site is governed by our Privacy Policy (link).
10. Errors, Inaccuracies and Omissions
10.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
10.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11. Prohibited Uses
11.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
11.1.1 For any unlawful purpose;
11.1.2 To solicit others to perform or participate in any unlawful acts;
11.1.3 To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
11.1.4 To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
11.1.5 To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
11.1.6 To submit false or misleading information;
11.1.7 To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
11.1.8 To collect or track the personal information of others;
11.1.9 To spam, phish, pharm, pretext, spider, crawl, or scrape;
11.1.10 For any obscene or immoral purpose; or
11.1.11 To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
11.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. Intellectual Property
12.1 In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Brand Archery Ltd, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
12.2 The software code contained in and related to the site and the materials on the site including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the site and any software code used with and material supplied as part of the site shall remain with us or our licensors.
12.3 Copying, downloading, storing or printing the materials on the website for any reason other than personal use is expressly prohibited.
12.4 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the site.
12.5 No licence is granted to you to use any of our trade marks or those of our affiliated companies.
12.6 You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.
13. External Links
13.1 To provide increased value and convenience to our users, we may provide links to other sites or resources for you to access at your sole discretion and risk.
13.2 You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
13.2.1 The privacy practices of such sites;
13.2.2 The content of such sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
13.2.3 The use which others make of these websites;
13.3.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
14. Disclaimer of Warranties
4.4 You expressly agree that the content on the site is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the site meet your specific requirements.
14.5 You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14.6 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
14.7 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the site that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it
.14.8 In no case shall Brand Archery Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost reputation, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. Limitation of Liability
15.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
15.2 We cannot exclude or limit our responsibility to you for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; (c) action pursuant to section 2(3) of the Consumer Protection Act 1987; (d) any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015; (e)a ny other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
15.3 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the site for commercial purposes, or use of or reliance on any material or content displayed on the site or on any linked websites for commercial purposes:
15.3.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
15.3.2 Any loss of goodwill or reputation
15.3.3 Any special or indirect losses
15.3.4 Any loss of data
15.3.5 Wasted management or office time
15.3.6 Any other loss or damage of any kind
15.4 If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 15.2.
15.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before using the Website. We are not responsible for unforeseeable losses.
15.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information with your authority.
15.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the website or by any other person accessing the website using your personal information with your authority that results in any legal responsibility on our part to any third party.
16. Indemnification
You agree to indemnify, defend and hold Brand Archery Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Termination
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
18.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19. Entire Agreement
19.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
19.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20. Governing Law
20.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the UK.
20.2 If you are a business, these Terms are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the site, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
20.3 If you are a consumer, these Terms are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in either the courts of your home country or England and Wales.
21. Changes to Terms of Service
21.1 You can review the most current version of the Terms of Service at any time at this page.
21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
22. Contact Information
22.1 Questions about the Terms of Service should be sent to us at info@brand-archery.com