Terms and Conditions Of Use on eu.elementbrand.com
1.We are GSM England Retail Limited trading as Element and we own and operate this Website ("eu.elementbrand.com").
2. “We” “us” or “our” means GSM England Retail Limited of Unit 3 Sovereign Court Round Spinney Industrial Estate Northampton NN3 8RH whose company registered number is 04544271, which includes our group partner Two Seasons.
3. References to "We" "Us" or "Our" in these terms also includes our group companies from time to time including GSM (Europe) Pty Ltd (which is registered in France under registered number RCS Dax B 384427290 and TVA FR 91 384 427 290) and which also trades as Billabong, Element and RVCA.
6. You are responsible for all access to the Website using your Internet connection, even if the access is by another person.
8. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.
9. The intellectual property rights in the Website are owned by us and our licensors. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
10. All the elements of the Website, sound and visual, are protected by these intellectual property rights. This includes without limitation all brand names, logos, product names, designs, imagery, pictures videos and other content made available on the Website. None of the elements (intellectual property) contained on this Website can therefore be reproduced, copied, forwarded, transmitted or used in any way whatsoever, except for the purposes of the order or for personal and non-commercial use by You and provided that the information is not modified. To do any of the above things without our authorisation is an infringement of our / our licensors’ intellectual property rights.
11. We provide the Website on an 'as is' basis and make no representations as to the quality, completeness or accuracy of any content made available on the Website. To the maximum extent permitted by law, we expressly exclude:
11.1 all conditions, warranties and other terms that might otherwise be implied by law into these Terms; and
11.2 any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Website.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
13. Your permission to use the Website is personal to you and non-transferable. Your use of the Website is conditional on your compliance with these Terms.
14. You agree that you will not:
14.1 use the Website for any fraudulent or unlawful purpose;
14.2 use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
14.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
14.4 interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
14.5 transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, to monitor the use of, or to gather information from any hardware, software, or equipment;
14.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website
14.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
14.8 remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;
14.9 frame or mirror any part of the Website without our express prior written consent;
14.10 create a database by systematically downloading and storing Website content;
14.11 use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
We reserve the right to revoke or amend these exceptions either generally or in specific instances.
15. The Website may provide links to other Websites and online resources. We are not responsible for and do not endorse such external Websites or resources. Your use of third party Websites and resources is at your own risk.
16. We may block any links to or from the Website. Additionally, we may provide tools to allow you to link to the Website directly from a third party Website; if you do link to the Website (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
We reserve the right to require you to immediately remove any link to the Website at any time and you shall immediately comply with any request by us to remove any such link.
18. These Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.