TERMS OF WEBSITE USE
1 Information about us
This website is operated by Dorel UK Ltd, trading as Dorel. We are registered in The Netherlands under company number 2186663 and with our registered office at London. Our main trading address is Dorel UK Ltd., 2nd floor, Building 4, Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN, United Kingdom and our main warehouse for the United Kingdom is Unit 1, Saxham Business Park, Suffolk, Bury St Edmunds IP28 6R, United Kingdom. In this document, "Dorel" or "we" means Dorel UK Ltd, trading as Dorel.
2 Accessing Our Site
2.1 Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below).
2.2 We will not be liable to you or to any other person if for any reason Our Site is unavailable at any time or for any period.
2.3 From time to time, we may restrict access to the whole or any part of Our Site, acting reasonably, to you or any other person at our entire discretion.
2.5 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
2.6 We aim to update Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.
3 Prohibited uses
3.1 You may only use Our Site for lawful purposes. You may not use Our Site:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent purpose or effect;
c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see below);
d) to transmit, or procure the sending of, any unsolicited or unauthorised or promotional material or any other form of similar solicitation (spam); and/or
e) to knowingly distribute any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designated to adversely affect the operation of any computer software communications network or hardware.
3.2 You also agree:
a) not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of these terms;
b) not to access without authority, interfere with, damage or disrupt (i) any part of Our Site; (ii) any equipment or network on which Our Site is stored; (iii) any software used in the provision of Our Site; or (iv) any equipment or network or software owned or used by any third party.
4 Content Standards
4.1 These Content Standards apply to any and all material which you contribute to Our Site, for example to the forum on Our Site, or provide to Dorel through Our Site, for example in case of consumer research projects ("contributions").
4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.3 Contributions must:
a) be accurate (where they state facts);
b) be genuinely held (where they state opinions); and
c) comply with the applicable law and the law in any country from which they are posted.
4.4 Contributions must not:
a) contain any material which is defamatory of any person;
b) contain any material which is obscene, offensive, hateful or inflammatory;
c) include sexually explicit material;
d) endorse or promote violence;
e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f) infringe any patent, design copyright, database right or trade mark of any other person;
g) be deceptive;
h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality;
i) endorse or promote any illegal activity;
j) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
k) be likely to harass, upset, embarrass, alarm or annoy any other person;
l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
m) give the impression that they emanate from us, if this is not the case;
n) advocate, endorse, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5 Making contributions
5.1 Before making a contribution you must register with Our Site by completing the registration form available on Our Site.
5.2 To add a contribution to or through Our Site, please follow the instructions as set out in Dorel's contribution invitation.
5.3 When you add a contribution to Our Site, the information as set out in Dorel's contribution invitation will be available on Our Site for guests and registered users of Our Site. By doing so you are making a legally binding promise to us, that we are relying on, that you have provided your consent to us and have obtained all necessary consents required by law for this information to appear on Our Site.
5.4 Contributions to Our Site are not pre-screened. We will not be responsible as author, editor or publisher of any contribution submitted to or through Our Site and we expressly exclude our liability for any loss or damage arising from the use of Our Site by any person in contravention of the terms set out in this document. We reserve the right to remove at our entire discretion, or to disable access to, any contributions which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights or these terms.
5.5 Once a contribution has been posted to Our Site, you may not be able to remove it.
5.6 In the event prizes will be awarded by us to guests or registered users of Our Site, no correspondence can be entered into with regard to the awarded prizes.
6 Interactive services
6.1 We may from time to time provide interactive services on Our Site, including, without limitation, chat rooms or bulletin boards ("interactive services").
6.2 Where we do provide any interactive service, 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).
6.3 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 service provided on Our Site, 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 service we provide on Our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
6.4 The use of any of our interactive services by a minor (a person under the age of 18) is prohibited. We advise parents to prohibit their children to use an interactive service and communicate with their children about their safety online, as moderation is not foolproof. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7 Suspension and termination
7.1 We will determine, in our discretion, whether there has been a breach of these terms through your use of Our Site. When a breach of these terms has occurred, we may take such action as we deem appropriate.
7.2 Failure to comply with these terms may result in our taking all or any of the following actions:
a) immediate, temporary or permanent withdrawal of your right to use Our Site;
b) immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site;
c) issue of a warning to you;
d) 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, or further legal action against you;
e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.3 We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
8 Intellectual property rights
8.1 By submitting a contribution to or through Our Site, you agree to grant Dorel a non-exclusive license to use that contribution. Although you will still own the copyright in your contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contribution. This license will be free of charge, perpetual and capable of assignment and/or sub-license. In making a contribution you waive and/or undertake to procure the waiver of all moral rights arising in the relevant material. We may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions, to their fullest extent and for the full period for which any such rights exist in that material.
8.2 Please also note that, in accordance with the Content Standards set out above, you must ensure that your contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your contribution to or through Our Site, you are warranting that you have the right to grant us the non-exclusive copyright license described above.
8.3 If you are not in a position to grant such a license to Dorel, you must not submit the contribution.
8.4 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.5 You may print off copies, and may download extracts, of any page(s) from Our Site for your personal reference only. You may not distribute any downloaded extracts electronically save for storage or back up purposes on your own computer.
8.6 You must not modify the paper or electronic copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.7 You must not remove or alter indications of patents, copyright, trade marks, brand names or other rights of intellectual or industrial property from Our Site or the materials obtained through Our Site.
8.8 Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
8.9 You must not use any part of the materials on Our Site for commercial purposes without obtaining a license to do so from us or our licensors.
8.11 If you believe we are infringing your intellectual property rights, or those of a third party, please notify us immediately. Your notification should contain, inter alia: (1) a description of the intellectual property rights that are allegedly being infringed; (2) a description of the alleged infringement; (3) a description of the location of the allegedly infringing materials; (4) your contact details.
9 Reliance on posted information
9.1 Commentary, contributions and other materials posted on Our Site are not intended to amount to advice by us on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site or registered user, or by anyone who may be informed of any of its contents.
9.2 You indemnify us from and against all loss cost damage or expense suffered by us in respect of claims brought against us by third parties arising out of your use of and/or contribution to or through Our Site (other than where we are in breach of any applicable law where such breach has not been caused by your use or contribution). For the purpose of this condition the act of publishing any contribution by you shall be deemed to be caused by you not us.
10.1 The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we hereby expressly exclude:
a) all conditions, warranties and other terms implied by statute, applicable law or the law of equity;
b) all liability for any indirect or consequential loss or damage incurred of any kind of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable suffered by any person or legal entity directly or indirectly in connection with the use of Our Site including, without
limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time.
10.2 Our liability for direct loss shall be limited to the amount paid by the person using Our Site who has suffered such loss (if any) in the 12 months preceding the cause of action giving rise to the relevant claim.
10.3 This clause does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
11 Information about you and your visits to our site
12 Viruses, hacking and other offences
12.1 You must not misuse Our Site by knowingly introducing (or transmitting data, sending or uploading any material that contains) viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material, programmes or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware of Our Site. 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.
12.2 By breaching this provision, you might commit a criminal offence under the applicable legislation. 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 rights to use Our Site will cease immediately.
12.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
13 Linking to Our Site
13.1 You may not link to Our Site without our prior written permission.
13.2 Our Site must not be framed on any other site without our prior written permission.
13.3 We reserve the right to withdraw linking and framing permission without notice. The website from which you are linking must comply in all respects with the Content Standards set out in this document.
13.4 If you wish to make any use of material on Our Site other than that set out above, please address your request to us.
14 Links from Our Site
14.1 Where Our Site links to other sites and resources provided by third parties, these links are provided for your information only. 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.
15 Our right to vary these terms and conditions
16 Law and jurisdiction
If you have any concerns about material which appears on Our Site, please contact us through [insert link to e-mail address or website contact page].
Thank you for visiting Our Site.
Dorel©, version 01-2019