Website Terms of use
Razor Kayaks UK Limited
What's in these terms?
These terms of use tell you the rules for using our website www.razorkayaks.co.uk (“our site”).
Who we are and how to contact us
www.razorkayaks.co.uk is a site operated by Razor Kayaks UK Limited ("We"). We are registered in England and Wales under company number 14132903 and have our registered office at Lakeside Offices, The Old Cattle Market, Helston, Cornwall, TR13 0SR. Our registered VAT number is 448317578.
To contact us, please email us at info@razorkayaks.com.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. We recommend that you print a copy of these terms of use for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
· Our Privacy Policy; and
· Our Cookie Policy, which sets out information about the cookies on our sites.
If you purchase our products from our site (including but not limited to kayaks, pumps, life jackets, paddles, dry bags) our Website Terms and Conditions of Supply of Products (Terms of Service) will apply to the sale of those products.
We may make changes to these terms
We may amend these terms of use from time to time. Every time you wish to use our site, please check these terms of use to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products and services, our users' needs and our business practices.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and the other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms of use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is directed at people residing in the United Kingdom. We do not represent that content available on our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose a password, or any other piece of information as part of our security procedures when setting up an account on our site, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any password, whether chosen by you or allocated by us, or an account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your password, you must promptly notify us by email at info@razorkayaks.com.
Content standards
You must not use our website in any fraudulent or illegal manner.
These content standards apply to any and all materials which you provide to us (“Materials”). The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Materials as well as to its whole.
Razor Kayaks UK Limited will determine, in its sole discretion, whether the Materials or action of the users breach the content standards. We may, but have no obligation to, edit or remove such Materials.
You agree that Materials must not:
· be defamatory, obscene, offensive, hateful, threatening or inflammatory;
· contain sexually explicit material;
· include child sexual abuse material;
· promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· infringe any copyright, database right or trade mark of any other person;
· breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
· contain any illegal content or activity;
· be likely to harass, upset, embarrass, alarm or annoy any other person;
· misrepresent your identity or affiliation with any person; or
· contain a statement or image which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Uploading content to our site or providing us with content
Whenever you make use of a feature that allows you to upload content to our site, make contact with other users or submit content to us, you must comply with the content standards set out above.
You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
How you may use material on our site
We are the owner, or 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.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
· any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
· any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
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 is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
· we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation; and
· different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services including but not limited to kayaks, pumps, life jackets, paddles, dry bags, to you, which will be set out in our Website Terms and Conditions of Supply of Products.
If you are a business user:
· we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it; and
· we will not be liable to you 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. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user:
· please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
Rules about linking to our site
You may link to our home page, 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.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email at info@razorkayaks.com.
Breach of these Terms of use
When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms may result in our taking all or any of the following actions:
· immediate, temporary or permanent withdrawal of your right to use our site;
· issue of a warning to you;
· 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;
· further legal action against you; and
· disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Our trade marks are registered
The trade mark “RAZOR KAYAKS” is a trade mark owned by our parent company, Remi Group Pty Ltd. You are not permitted to use them without our prior approval.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.