terms and conditions

terms and conditions of use

Website Terms and Conditions of Use

1. What do I agree to by entering the Website?

   You are invited to use the Website on the basis of the Terms and Conditions of use set out below.

   By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

   Brasher may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.

   If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

2. The Features

   The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).

3. Conditions of Using Features on the Website

   You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:

   • not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
   • not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;
   • if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
   • that all Features will be used entirely at your own risk and Brasher accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.

   If Brasher is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Brasher reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.

4. Sending Us Information

   We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Brasher (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:

   • you have the right to make it available to Brasher;
   • the Material is not defamatory; and
   • the Material does not infringe any law.

   You agree to indemnify Brasher against all legal fees, damages and other expenses that may be incurred by Brasher as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.

   This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by it as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.

5. Privacy Policy

   Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

6. Website Content – Accuracy and Permitted Use

   Brasher makes every effort to ensure that the content of the Website is accurate and up-to-date, but Brasher does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

   Brasher may remove material or Features, from the Website at its own discretion and without any notice.

   You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by Brasher.

   This Website is intended to provide amongst other things, information relating to Brasher products and is designed for personal, non-commercial use only.

   You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose or to promote or encourage traffic to any other website.

7. Copyright, legal statement and database rights

   All content and compilation of such content included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Brasher or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International copyright and database right laws.

   All software used on this Website is the property of Brasher, our affiliates or our software suppliers and is protected by UK, European and International copyright laws.

   You may not extract and/or re-utilise parts of the contents of the Website without Brasher’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.

   Please also refer to our Legal Statement below.

8. Legal Statement

   BRASHER, HILLMASTER, TRAKLITE, COUNTRYMASTER, TRAILMASTER, LIVE TO WALK and the  are registered trademarks of The Brasher Boot Company Limited. XCR, GTX and GORE-TEX are registered trade marks of and used under licence from W.L. Gore Associates.

   www.brasher.co.uk is a registered domain name.

9. Intellectual Property Rights

   You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Brasher and that these are protected by copyright and other laws and International treaty provisions.

   Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Brasher to do so.

   All trade marks appearing on the Website are used by Brasher with permission from the relevant trade mark owners and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

10. Limitation of Liability

    The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.

    While Brasher takes all reasonable steps to ensure that the Website is properly functioning at all times, Brasher does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

    Brasher has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Brasher shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

    Except in relation to liability for death or personal injury, Brasher shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

11. Governing Law

    Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.

    By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.