LAST UPDATED: JULY 2016
This website is operated by C & J Clark International Limited of 40 High Street, Street, Somerset, England BA16 0EQ (company registered number 00141015) (Clarks). These terms and conditions of use (Terms) govern your access to and use of this website. By accessing this website, you agree to these Terms. If you do not agree to these Terms please do not access or use this website.
1. USE OF THIS WEBSITE AND CHANGES TO THESE TERMS
Clarks provides access to this website subject to compliance with these Terms. Clarks provides access to this website without charge and may terminate access it at any time for any reason and without notice. Clarks may revise these Terms at any time. Your continued use of this website after a change to these Terms has been posted on the website is your agreement to the revised Terms.
We provide this website “as is” and for general informational purposes only. Nothing on this website is intended to be advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of anything on this website. We do not warrant that this website will be: (i) accurate, complete or up to date; (ii) secure, uninterrupted, error-free, or virus-free; (iii) available at any time; (iv) fit for any purpose for which you intend to use it.
All trademarks, trade names, service marks, and logos on this website are owned by or registered to: (i) Clarks; (ii) companies in the same group of companies as Clarks; or (iii) independent third parties whose materials or technologies Clarks integrates into its products or whose services Clarks uses to support its business operations. The relevant owners or registrants of such trademarks, trade names, service marks, and logos retain all rights in them. No license or right to use any such trademarks, trade names, service marks, and logos is granted as a result of your access to our use of this website save to the extent necessary to allow you to display the website properly on your device for your personal, non-commercial use.
3. CONTENT OWNERSHIP
The content of this website, including any design, text, pictorial, logo, graphic, software, source code, application, video, and audio components (Content), is the sole property of Clarks and/or its licensors and is protected by copyright and other intellectual property laws. Clarks provides Content solely for your personal, non-commercial use. Any commercial use of the website or the Content (in whole or in part) is strictly prohibited, including the distribution, modification, publication, or sale of any Content.
4. USER GENERATED CONTENT
You are solely responsible for any comments, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit, post, link or otherwise make available on or through this website (User Generated Content). You are solely responsible for ensuring that any User Generated Content you submit complies with all laws and regulations, including those related to intellectual property and privacy rights of third parties. Before submitting, posting or linking User Generated Content to this website, you must ensure that you own all intellectual property rights to such User Generated Content or are otherwise able to grant to Clarks the following licence and that your submission does not violate the privacy rights of any third party. Clarks reserves the right to refuse to publish, remove, edit, or modify any User Generated Content at any time for any reason. Clarks may monitor and review the User Generated Content you submit but is under no obligation to do so. Clarks does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained in it. If you submit, post, link or otherwise make available on or through this website any User Generated Content you agree that it is non-confidential. By submitting User Generated Content, you grant to Clarks (including all companies in the same group of companies as Clarks) a worldwide, perpetual, non-exclusive, transferable, irrevocable, and royalty-free licence to use, copy, edit, adapt, reproduce, repost, publish, publicly perform, publicly display, translate, make available, sub-licence, modify and prepare derivative works of it, in part or in whole, using any means or media now known or later developed (Licence). Subject only to the Licence, you retain ownership of all intellectual property rights in your User Generated Content.
You agree that you will not post any User Generated Content to this website which: (i) is unlawful, libellous, defamatory, fraudulent, false, misleading, threatening, abusive, pornographic, obscene, offensive or discriminatory by reason of age, disability, gender, marital status, race, religion and belief, sex, sexuality or other characteristic; (ii) solicits or offers business or services; (iii) is confidential; (iv) infringes the intellectual property or privacy rights of a third party; (v) impersonates anyone else or otherwise misrepresents your identity, (vi) interrupts, compromises, or interferes with this website or any other website we operate; or (vii) is otherwise in breach of these Terms.
5. PROHIBITED CONDUCT
You must not: (i) interrupt, compromise, or otherwise interfere with this website or any other website we operate; (ii) access any data or other information which is not your own by entering into a secure Clarks server, account, file, or database; (iii) upload or transmit any virus, bug, corrupt file or link, or any other data or malicious content which could damage this website or any other website we operate, or any of our software or equipment, or those of any third party; or (iv) attempt to do any of the actions listed in this paragraph.
6. REMOVAL OF CONTENT
If you consider any Content or User Generated Content on this website infringes your intellectual property or privacy rights, breaches these Terms, or is otherwise unlawful, please contact us immediately at firstname.lastname@example.org.
7. PRODUCT IMAGES
Product images on this website are illustrative only. Actual products available in our stores or through our ecommerce channels may differ from the images appearing on this website.
8. PERSONAL DATA
10. LIMITATION OF LIABILITY
If you are a consumer user (that is, accessing or using this website in a personal capacity and not in the course of any business or trade) Clarks and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this website which Clarks could not reasonably foresee as a consequence of your access to or use of this website. zIf you suffer loss or damage that Clarks could reasonably foresee as a consequence of your access to or use of this website, Clarks’ liability to you shall not exceed, in the aggregate, £100 (or the local currency equivalent if you are outside of the United Kingdom).
If you are a business user (that is, accessing or using this website in a business or trade capacity) Clarks and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this website which is indirect, special, consequential or punitive, or in the following categories (in each case whether direct or indirect): (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of or damage to data; or (v) loss of business opportunity, goodwill or reputation. In any case, Clarks’ liability to you shall not exceed, in the aggregate, £100 (or the local currency equivalent if you are outside of the United Kingdom).
Nothing in this clause excludes or limits Clarks’ liability for death or personal injury caused by its negligence. If the country in which you are located does not allow any of the limitations or exclusions of liability set out in this paragraph they will be dis-applied solely to the extent necessary to render this paragraph compatible with that country’s law.
11. JURISDICTION/CHOICE OF LAW
These Terms are governed by and shall be interpreted in accordance with English law and the non-exclusive jurisdiction of the English courts. If any provision of these Terms is deemed illegal, void or unenforceable, the remainder of these Terms shall remain fully operative.