Terms of Use Barbour ABI

1. About our terms

a. Your use of this website (the “Site”), which is provided by Barbour ABI Limited (“Barbour”), is expressly conditional upon your acceptance of the following terms and conditions (“Terms of Use”). By using this Site you signify your consent to be bound by these Terms of Use. If you do not agree with any part of the following Terms of Use you must not use this Site.

b. The Site is provided to you free of charge for information purposes only. Some areas of the Site require registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these Terms of Use. Also, by subscribing to any of our email services, you are deemed to have accepted these Terms of Use.

c. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://www.infopro-digital.com/data-protection/, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

d. If you order any goods, services or digital content from the Site or if you buy a subscription or membership to access restricted parts of the Site, separate terms and conditions will apply.

2. About us

a. We are a company registered in England and Wales under company registration number 13427982. Our registered office is at Fifth Floor, 133 Houndsditch, London, United Kingdom, EC3A 7BX.

b. References to ‘Barbour, ‘us’, ‘our’, and ‘we’ are to Barbour ABI Limited.

c. If you have any questions about the Site, please contact us at info@barbour-abi.com.

3. Use of the Site

a. The Site is for your personal use only.

b. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

c. We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

d. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@barbour-abi.com or use the website accessibility tools available at https://barbour-abi.com/accessibility/.

e. As a condition of your use of the Site, you agree not to:

i. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or;
ii. 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.

f. We may, at our discretion, prevent or suspend your access to the Site if, for any reason, we believe that you have not complied with these Terms of Use or any applicable law.

4. Registration and password security

a. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.

b. Access to the registration areas of the Site is permitted on the basis that:

i. your email address and password are personal to you and may not be used by anyone else to access this Site;
ii. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of this Site; and
iii. you do not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, nor will you seek to pass yourself off as another user.

c. It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your username and password. We will not be held liable where your password is used by someone else.

d. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

e. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://www.infopro-digital.com/data-protection/.

5. Infringing content

a. We will use reasonable efforts to:

i. delete accounts which are being used in an inappropriate manner or in breach of these Terms of Use; and
ii. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

b. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

6. Ownership, use and intellectual property rights

a. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (the “Content”) are owned by us and our licensors.

b. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

c. Nothing in these Terms of Use grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

d. You must not reproduce any part of this Site or the Content or transmit it to or store it in any other website or disseminate any part of it in any other form, unless we have indicated in writing that you may do so. The design, arrangement and look and feel of this Site are the copyright of Barbour and/or its licensors and may not be copied or otherwise reproduced.

e. Trade marks, trade names and logos displayed on this Site are the property of Barbour and/or its licensors or other third parties. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission or the permission of the relevant third party.

7. Submitting information to the Site

a. For the purposes of these Terms of Use “User Content” means material including, without limitation, text, video, photographs, graphics, audio, and competition entries whether published on this Site or not and whether copyright of Barbour or a third party.

b. Users of this Site may submit User Content including but not limited to text including comments and blogs, videos, photographs, graphics and/or audio for publication in various areas of the Site, including our forums and blogs. We accept no liability in respect of any User Content submitted by users and published by us and we are not responsible for its content and accuracy. When you submit a video, photograph or other User Content to us you do so in accordance with these Terms of Use. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

c. Submission of any User Content is subject to the following terms:

i. you warrant to us that any User Content you submit to us is your own original work and that you own the copyright and any other relevant rights;
ii. you must obtain the permission of all of the people featured or referred to in the User Content (and, if they are under 16, their parents or guardians as well) to our use of the User Content;
iii. publication of any User Content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the User Content prior to publication, or to refuse publication;
iv. you grant us a non-exclusive, perpetual, royalty-free, worldwide, transferable licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to other users of this Site, prepare derivative works of and to display any User Content you submit to us in any format, including without limitation print and electronic format and you agree to waive your moral rights in the User Content;
v. you agree not to post User Content which is deliberately intended to upset other users or contrary to applicable local, national, and international laws and regulations. You warrant that the User Content you submit does not infringe any individual’s right to privacy and is not harmful, offensive, defamatory, obscene, harassing, threatening, hateful or otherwise degrading or intimidating of any individual or group of individuals on the basis of religion, gender, race, sexual orientation, ethnicity, age, or disability, or otherwise illegal;
vi. you must not endanger yourself or others, take any unnecessary risks in order to produce or make any User Content;
vii. you acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing User Content you submit to us, including consequential losses.

d. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

e. You or the owner of the User Content retain ownership of the copyright in all User Content sent to us and are free to republish it wherever you or the owner wish and in whatever medium you or the owner want.

f. We do not keep any ‘comments’ that are not accepted for publication but may retain other User Content even if this is not published. We have no obligation to you to keep any User Content or to return it to you or remove it from the Site or anywhere else we may have published it at any time.

g. You must not send materials that contain viruses, worms, or any other destructive elements. Insults, threats, defamatory comment, dissemination of confidential material, pyramid or other soliciting schemes, or actions meant to disrupt or abuse other users are also prohibited. Users must not use the Site to advocate illegal conduct or to participate in illegal or fraudulent activities and must not post or distribute unauthorized copies of copyright material including photographic images, artwork, text, sound files or computer programs. If you have a product or service to advertise, you may not use the Site for this purpose.

h. We do not endorse any User Content or any opinion, recommendation, or advice expressed herein, and we expressly disclaim any and all liability in connection with such material. Barbour does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove any User Content if properly notified that such material infringes another’s intellectual property rights. We reserve the right to remove User Content without prior notice.

8. Safety, Complaints, and Reporting Abuse

a. You are advised not to reveal any personal information about yourself or anyone else (for example: telephone number, email address or home address). You are entirely responsible for maintaining the confidentiality of your details when using this Site.

b. Any questions about these Terms of Use or reports of anyone abusing the Site or otherwise not complying with these Terms of Use should be addressed to info@barbour-abi.com.

c. We reserve the right to immediately terminate or suspend access to the Site in response to conduct that we believe interferes with other people’s enjoyment.

9. Copyright

a. You may download and print extracts from the Site and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on this Site.

10. General Disclaimer of Liability

a. We are providing this Site and its contents on an ‘as is’ basis and, to the maximum extent permitted by law, excludes all representations or warranties of any kind including, without limitation, warranties implied by statute. In addition, we do not represent or warrant that the information accessible via this Site is accurate, complete, current, error-free or bug-free.

b. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

c. 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 Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

11. Other websites and services

a. You can access other websites via links or URL re-directions from this Site. These sites are not under our control and we are not responsible in any way for any of their contents. You agree that we will not be party to any transaction or contract with any third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree you will not involve us in any dispute you may have with any such third-party website or service.

12. Interruptions or delays

a. Although we will do our best to provide constant, uninterrupted access to this Site we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

13. No third party rights

a. No one other than us or you has any right to enforce any of these Terms of Use.

14. Entire understanding

a. If any provision of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.

b. These Terms of Use contain the entire understanding between you and us with respect to this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

c. 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.

15. Governing law and jurisdiction

a. These Terms of Use are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

16. Updates

a. These Terms of Use were last updated on 29 January 2024 and we reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.