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Terms & Conditions
Terms & Conditions|Terms & Conditions of Use
This website (the "Site"), is offered to you ("You"/"Your") by Timberland Switzerland GmbH, located at Freier Platz 10, CH-8200 Schaffhausen, Switzerland ("We"/"Us"/"Our").
Please read these Terms and Conditions of Use before using the Site. You may not use the Site or its contents for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 By accessing or using any part of the Site (including by posting reviews on the Site), You shall be deemed to have accepted these Terms and Conditions of Use. If You do not accept these Terms and Conditions of Use, You must leave the Site immediately and not post any reviews.
1.2 We reserve the right to change or update these Terms and Conditions of Use from time to time. Revised Terms and Conditions of Use will be published on this Site and, where practical, We will endeavour to alert users to key changes via the homepage.
1.4 Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.
2. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
2.1 Your use of the Site grants no rights to You in relation to copyright, design rights, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties.
2.2 We provide the Site to You solely for Your personal, non-commercial use. The content of the Site may not be used for any other purpose without Our express written permission.
2.3 All rights not expressly granted are reserved to Us.
3. YOUR USE OF THE SITE
3.1 You agree in using the Site that You will not:
3.1.1 use the Site in any way that may lead to the encouragement , procurement or carrying out of any criminal activity or to promote any business, products or services;
3.1.2 use foul, threatening or offensive language including, without limitation, defamatory, libellous, racist, sexist, ageist, homophobic or sexually explicit language;
3.1.3 distribute illegal, copyright infringing, indecent or offensive material or transfer files that contain viruses, trojans or other harmful programs; or
3.1.4 use the Site for any purpose other than Your personal Use.
3.2 We reserve the right to suspend, restrict or terminate Your access to this Site at any time without notice at Our discretion and to remove reviews where complaints are made or where required by law or otherwise at Our discretion where We deem such reviews to be inappropriate.
3.3 If You choose to post any reviews on the Site, please note the following:
3.3.1 You grant an irrevocable, perpetual, unconditional, world-wide, royalty free licence (including the right to sub-license) to Us to use such material including, without limitation, making such material available for others to view on the Site. You also agree to waive all so-called moral rights or other similar rights in such material.
3.3.2 The reviews service is provided by a third party called BazaarVoice and they may require You to register and to sign up to their terms and conditions and privacy policy before posting any content. We recommend that You read such terms very carefully to ensure that You are happy with them before submitting any content.
3.3.3 Without limiting any obligations or restrictions imposed by BazaarVoice, You should be aware that We do not necessarily actively monitor reviews which are posted but reserve the right to do so at Our discretion and We request that You do not post reviews which do not comply with paragraph 3.1 above.
4. LIMITS OF OUR RESPONSIBILITY
4.1 Nothing in these Terms and Conditions of Use shall:
4.1.1 exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence of Our employees or agents; or
4.1.2 restrict your statutory rights (including Your right to receive a reasonable standard of service).
4.2 These Terms and Conditions of Use shall not:
4.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Use (which occurs automatically when You use or register on the Site as explained above), including where the damage or loss results from Our breach of these Terms and Conditions of Use; or
4.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Use as a consumer.
4.3 Subject to clauses 4.1 and 4.2, We do not:
4.3.1 accept any liability for damage to Your computer system or loss of data that results from Your use of the Site;
4.3.2 guarantee which content and services will be available on the Site. All content and services on this Site are provided on an 'as is' and 'as available' basis;
4.3.3 give any guarantee as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programmes of the content contained in or accessed through this Site including, without limitation, any statements made by advertisers on or via the Site;
4.3.4 accept liability for any reviews posted by third parties on the Site or any liability under or pursuant to Your terms and conditions with BazaarVoice for the operation of reviews and other services which it may provide directly to You; or
4.3.5 (whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention) guarantee that the Site will be available uninterrupted and in a fully operating condition nor that the information on the Site itself will be free from errors or omissions.
4.4 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
4.5 We are constantly seeking to improve the Site and its content and We may therefore change any aspect of the Site, its content, including the availability of any services, features, information or content from time to time.
4.6 From time to time, this Site includes hyperlinks to websites operated by other parties (including the reviews service provided by BazaarVoice as described in paragraph 3.3 above). Such hyperlinks are provided for Your reference and convenience only. We do not control such websites and are not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In particular, You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and that We shall not be responsible to You in respect of any damage or loss to You as a result of the transaction, whether arising in contract, tort, under statute or otherwise.
5. DATA PROCESSING AND PRIVACY
5.1 Please see Our Privacy Policy which contains important information about the use of Your personal data and other information regarding Your privacy.
6. GENERAL
6.1 If any of these Terms and Conditions of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
6.2 Please note that you are entering into an agreement with a Swiss company. These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of Switzerland and any disputes arising out of them shall be subject to the exclusive jurisdiction of the Swiss courts.
7. COMPLAINTS AND FEEDBACK
7.1 If You have any questions or complaints regarding the Site, then You can contact Us by emailing customerservice@timberlandonline.co.uk as appropriate or writing to Us at the address provided at the top of these Terms and Conditions of Use.
Legal notices can be sent to Freier Platz 10, CH-8200 Schaffhausen, Switzerland
Timberland Switzerland GmbH
Freier Platz 10, CH-8200 Schaffhausen, Switzerland, CH - 290.4.015.520-1
