Website Terms of Use
Version: June 2015
Thank you for visiting our website. These terms tell you the terms on which you may use our website www.paulsmith.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing or registering with us on our site.
Please read these terms and conditions carefully before using this site as these will apply to your use of our site and the services we offer including the sale of our products. By using our site, you confirm that you accept and agree to comply with these terms. If you are not prepared to agree to these terms then you must not use our site.
Our Privacy and Cookie Policy also applies to your use of our site. This policy sets out the terms on which we process personal data collected from you. By using our site you consent to us processing your personal data in accordance with this policy.
If you purchase products from our site, our Terms and Conditions of Sale will apply to such purchases.
We may revise these terms at any time by amending this page. Please check these terms from time to time to take notice of any changes, as they will apply to your use of our site.
Site Content
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site it accurate, complete or up-to-date.
New Customer Account
You may browse our site and purchase products via our website without registering an account with us. If you choose to register with us, your username will be your valid email address and you will be asked to input a password.
You are responsible for all actions taken under your username, whether by you or any other person. It is your responsibility to keep your username and password safe and not to disclose it to anybody else. You must notify us immediately if you suspect or become aware of any unauthorized use of your username or password.
You warrant, represent and undertake that any information, which you provide when you register with us, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.
You can email any changes to your details to us Paul Smith Online or notify us online once signed in, via the “My Account” section.
Acceptable Use
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out below.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in below.
You are responsible for all contributions sent by you to or via our site, and you must only use our site for your own personal, proper and lawful purposes.
Each part of any of your contributions must:
* 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, including without limitation copyright and computer misuse laws
You must not make any contributions or carry out or procure any act or omission which would:
* damage, delay, interrupt or impair the use of our site or its software;
* cause any material to be placed on or transmitted via or associated with our site which:
* is illegal, offensive, obscene or inflammatory;
* is defamatory to any person;
* promotes violence, sexually explicit material, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* may threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
* may give the impression that the contributions emanate from us if this is not the case;
* may be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
* is likely to deceive, harass, upset, embarrass, alarm or annoy any other person;
* promotes any illegal activity or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
* infringe or be in breach of any copyright, database right, trade mark, privacy, confidence, or any other third party right; or
* cause any inconvenience to Paul Smith, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’).
You must not access without authority, interfere with, damage or disrupt an part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
We exclude liability for actions taken by us in response to breaches of the Acceptable Use terms above.
In the event that you breach any of these conditions, you will indemnify and keep indemnified Paul Smith, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.
Viruses
You are responsible for configuring your information technology, computer programmes and platform in order to access our site and for using your own virus protection software. We do not guarantee that our site will be free from viruses and 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, programs, data or other material due to your use of our site, or to your downloading of any content on it, or on any website linked to it.
You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Links to Our Site
You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our 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 our site in any website that is not owned by you.
We may withdraw this permission at any time without notice.
The website you are linking from must comply in all respects with the content standards set out in the Acceptable Use terms above.
Links to Other Organisations
We provide links to other sites and resources provided by third parties only as a convenience to you. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.
We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website.
Trade Marks and Copyright
Our trademarks include (amongst others) the Paul Smith name and logo, PS, Paul by Paul Smith and Paul Smith Red Ear.
These trademarks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trade marks. All other trademarks are the property of their respective owners.
All content included on this website (including, without limitation, the trademarks of Paul Smith, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Paul Smith Holdings Limited, its affiliates and licensors and as such is protected by international and UK copyright laws and treaties and other intellectual property laws.
You must not reproduce all or any part of the contents of this website except in accordance with this agreement.
You may download or print pages from this web site but only for your own personal use and you may not make any modification to them.
You may re-copy, extract or forward pages from this website to a third party for their personal use only, provided you:
Do not make any modifications to the extract or pages before re-copying, extracting or forwarding;
* Acknowledge that the extract is from this website;
* Include the URL address of this website on the extract; and/or
* Notify the third party that use and further copying of the extract by them is subject to the terms of this license.
You must not:
* incorporate any part of this website into any other work or publication, including incorporation into an electronic work, without our prior written consent;
* use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
* frame this website within any website controlled by you; and/or
* use any part of our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Termination and Suspension
We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
* You are in breach of any part of this agreement.
* We cannot, for any reason, verify or authenticate any information you provide to us.
* We believe that your actions may cause legal liability for us, you, or any other user.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
Limitation of Our Liability
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 site or use of or reliance on any content displayed on our site.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation any indirect or consequential loss or damage.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
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.
Notifications
Any notice, which we are required to give to you regarding the services, may be sent by e-mail or first class-post to the address provided by you on registration (or as amended from time to time).
Unless otherwise explicitly stated, notices to us must be sent by registered mail to:
Paul Smith Online,
The Poplars,
Lenton Lane,
Nottingham,
NG7 2PW.
England
Notices sent by e-mail are deemed to be received 24 hours after an e-mail is sent unless we receive a notice that the e-mail address is invalid. Registered mail and first class-post will be deemed received 3 days following the date of mailing.
Applicable Law
These terms of use and their subject matter or formation are governed by and construed in accordance with English law and you and we both agree that the English courts will have non-exclusive jurisdiction for any dispute under these terms of use.
Company Information
Our site is operated by Paul Smith Limited
Registered Office: The Poplars, Lenton Lane, Nottingham, NG7 2PW, England
Registered in England No. 1170719
VAT No. GB648096114