Terms of Use
Terms and Conditions of Use
Pentland Brands EMEA
Legal Notice
BERGHAUS and the Coloured Block Device are registered trade marks owned by Berghaus Limited
CANTERBURY and the CCC Device are registered trade marks owned by Canterbury Limited
MITRE, the M Device, the Delta Device and the Comet Device are registered trade marks owned by Mitre Sports International Limited
KICKERS is a registered trade mark owned and used under license from Kickers International B.V
SPEEDO and the Arrow Device are registered trade marks owned and used under licence from Speedo Holdings B.V.
Pentland Connect Website
This Pentland Connect website (https://pentlandconnect.com/en/GBP/) (the “Website”) is brought to you by Pentland Brands Limited (“Pentland Brands”), and all rights, including copyright, in the content of the Website are owned and controlled by Pentland Brands. If you have any comments or queries relating to the Website, please contact the Pentland Connect team at [email protected]. You (“the User”) are invited to use the Website on the basis of the Terms of Use set out below.
Terms of Use
By entering the Website and using its features you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not use the Website or any features available through the Website. Pentland Brands may modify these Terms of Use from time to time. Your continued use of the Website following such change demonstrates your agreement to be bound by the modified Terms of Use.
These Terms of Use regarding your use of the Website constitute a legally binding agreement between you and Pentland Brands. These Terms of Use will remain in full force and effect as long as you are a User of the Website and in the event of termination of your registration, you will still be bound by your obligations under these Terms of Use, including any indemnities, warranties and limitations of liability. Pentland Brands reserves the right to refuse access to the Website, terminate accounts and to remove or edit content at its sole discretion.
-Registration
In order to be eligible to register as a User, the individual, business or organisation must have an active customer account that is in good standing with at least one of Airborne Footwear Limited, Canterbury of New Zealand Limited, Mitre Sports International Limited, Speedo International Limited and Berghaus Limited. Before using the features available on the Website, the User must register with Pentland Brands by submitting a registration request. Provided that Pentland Brands is satisfied that the applicant is eligible for registration as a User, Pentland Brands will issue the User with a unique username and password. This username and password allows the User to access the features on the Website.
The User is solely responsible for maintaining the security and confidentiality of the User’s username and password and must not reveal them to any unauthorised third party. If the username and/or password is lost or becomes known to an unauthorised third party, the User must notify the Pentland Connect team as soon as possible who will disable the original username and/or password and issue a replacement. Pentland Brands are not liable for any harm caused or related to the theft or misappropriation of a User’s username or password, disclosure of a User’s username or password, or a User’s authorisation of anyone else to use the User’s username or password. All personal data collected through the Website or submitted to Pentland Brands will be processed in accordance with Pentland Brand’s Privacy Policy viewable at https://pentlandbrands.com/privacy-policy/
- Deleting an Account
A User may close its account with Pentland Connect at any time by contacting [email protected]. If a User chooses to close its account, the User will no longer be able to access the Website features. We will delete the personal data associated with the User’s account within a reasonable period, other than personal data which we have a need to retain for our internal business records (for example, data related to purchasing history).
- Transactions Concluded Through The Website
Contracts for the supply of goods formed through the Website are governed by the Terms and Conditions of Sale agreed between the User and the relevant Pentland Brands company being Airborne Footwear Limited, Canterbury of New Zealand Limited, Mitre Sports International Limited, Speedo International Limited, and Berghaus Limited as applicable, as may be varied by the Conditions of Sale set out on the Website.
- Intellectual Property Rights
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 the Website (“Intellectual Property Rights”), shall remain at all times vested in Pentland Brands and is protected by copyright and other laws and international treaty provisions.
Users may not, other than in accordance with these Terms of Use, modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, show or play in public, download, commercially exploit, create derivative works from, 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 Pentland Brands to do so.
All trade marks appearing on the Website are owned by Pentland Brands or its affiliates and nothing contained in the 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 the Website other than in accordance with these Terms of Use.
- Limitation of Liability
Pentland Brands makes every effort to ensure that the content of the Website is accurate and up-to-date, but Pentland Brands does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
The internet is by its nature an unreliable medium. Consequently, you accept that the Website is offered on an “as is” and “as available” basis. While Pentland Brands takes all reasonable steps to ensure that the Website is properly functioning at all times, Pentland Brands does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of software viruses or bugs or other defects.
Pentland Brands 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 Pentland Brands 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.
Pentland Brands does not exclude liability for death or personal injury. However, by accepting these Terms of Use, you accept that Pentland Brands cannot be liable to you for any loss or damage you suffer as a result of visiting the Website or making use of the features or information available on the Website. You must take you 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.
- Governing Law
These Terms of Use and your use of the Website shall be governed by and construed in accordance with English law. By accepting these Terms of Use and using the Website or the features, you accept that any dispute under these Terms or arising out of use of the Website shall be subject to the exclusive jurisdiction of the English courts and by using the 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.
The Website is not intended for use of access by any person or company in any jurisdiction other than England and Wales. Those who choose to use or access the Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
Company Information
- Pentland Brands Limited
- Company Registration Number: 09820760
- Company Registration Address: 8 Manchester Square, London, W1U 3PH, UK
- V.A.T Registration Number: GB 231 0451 211
- Registered in England
Speedo USA Inc.
SPEEDO USA Business to Business (B2B) Website Terms of Use
General
This SPEEDO USA B2B website (the “Website”) is owned and operated by SPEEDO USA (“SPEEDO USA,” “we” or “us”), and is for the use of certain retailers, service providers, and other parties that are authorized to do online business to business (B2B) commerce with SPEEDO USA (“Business Associates,” “you” or “your”).The Website enables you to order our products, make requests of us, and register to receive information from us regarding us and our products. SPEEDO USA agrees to provide you with access to the Website subject to these Terms of Use, and may revoke that privilege at any time. In consideration for your use of the Website, you agree to use it in accordance with these Terms of Use. If you register for, or access, our Website in any manner, your access constitutes use of the Website. BY REGISTERING FOR, OR USING THIS WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT REGISTER FOR, ACCESS OR USE THIS WEBSITE. IF YOU WISH TO ACCESS AND USE THIS WEBSITE, YOU MUST SELECT “I ACCEPT” AT THE BOTTOM OF THE REGISTRATION FORM. IF YOU DO NOT WISH TO ACCESS OR USE THIS WEBSITE, YOU MUST SELECT “I DO NOT ACCEPT” AT THE BOTTOM OF THE REGISTRATION FORM.
Changes to the Website and Terms of Use
All products and services featured on this web site are subject to change at any time at SPEEDO USA’s sole discretion. All prices for such products are subject to change at SPEEDO USA’s discretion and all orders are subject to final approval only by SPEEDO USA Such changes and/or improvements shall be made without notice to you.
From time to time, we also will change these Terms of Use or impose new conditions on the use of the Website, in which case we will post the revised Terms of Use on this Website. A revised form of these Terms of Use will be effective immediately upon its posting on this Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use or this Website, you should immediately stop accessing or using this Website in any manner whatsoever. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Website are reasonable.
Privacy Policy
The SPEEDO USA Privacy Policy may be found on the SPEEDO USA Website. The Privacy Policy is incorporated herein by this reference and made an integral part hereof.
Online Commerce
SPEEDO USA allows you to view and purchase its products through this Website. In order to purchase products through this Website, you will have to provide information necessary to process your payment and to properly ship and deliver such goods to you.
You agree to be financially responsible for all purchases made through the Website by you or someone acting on your behalf. You agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product. You agree to only purchase products for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to this Website, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
The Website may include technical inaccuracies, typographical errors, or incorrect pricing. In the event one of our products is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any unshipped orders placed for product listed at the incorrect price. SPEEDO USA shall have the right to refuse or cancel any such orders at any time prior to shipment, regardless of whether or not the order has been confirmed or payment has been received. If payment has been received, SPEEDO USA will issue a credit to your account, at your election.
You agree that all purchases made by you by means of the Website shall be subject to the SPEEDO USA Terms and Conditions of sale (the “Terms and Conditions”), which may be found on the Website at https://www.pentlandconnect.com.To the extent there are any differences between the Terms and Conditions and those of the Terms of Use, the Terms and Conditions will prevail.
Registration
In order to be eligible to register as a User, the individual, business or organisation must have an active customer account that is in good standing with at least one of Airborne Footwear Limited, Canterbury of New Zealand Limited, Mitre Sports International Limited, Speedo International Limited and Berghaus Limited. Before using the features available on the Website, the User must register with Pentland Brands by submitting a registration request. Provided that Pentland Brands is satisfied that the applicant is eligible for registration as a User, Pentland Brands will issue the User with a unique username and password. This username and password allows the User to access the features on the Website.
The User is solely responsible for maintaining the security and confidentiality of the User’s username and password and must not reveal them to any unauthorised third party. If the username and/or password is lost or becomes known to an unauthorised third party, the User must notify the Pentland Connect team as soon as possible who will disable the original username and/or password and issue a replacement. Pentland Brands are not liable for any harm caused or related to the theft or misappropriation of a User’s username or password, disclosure of a User’s username or password, or a User’s authorisation of anyone else to use the User’s username or password. All personal data collected through the Website or submitted to Pentland Brands will be processed in accordance with Pentland Brand’s Privacy Policy viewable at https://pentlandbrands.com/privacy-policy/
Login and Password
To use the Website, you will need a login and password. The initial registration information will be sent to you by SPEEDO USA, and you will have the opportunity to change them once you register to use the Website. You are responsible for maintaining the confidentiality of your login and password, and all activities (whether by you or by others) with respect to the Website that occur under your login or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by SPEEDO USA as a result of your failure to maintain the confidentiality of your login and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your login and password, or your authorization to allow another person to access and use the Website with your login and password. You agree to notify us immediately of any unauthorized use of your login and password, the need to deactivate a login and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
Intellectual Property
All of the design, text, and graphics of this Website, as well as the selection and arrangement thereof, are © 2020 SPEEDO USA, All Rights Reserved. SPEEDO USA, the SPEEDO USA logo, the Website images and text, and all page headers, graphics and icons are trademarks, service marks and/or trade dress of SPEEDO USA, and may not be used by others without the prior written permission of SPEEDO USA. All uses thereof inure to the benefit of SPEEDO USA All other trademarks, product names and / or logos included on the Website are the property of their respective owners.
The title to the content on the Website is owned by SPEEDO USA, and all uses thereof inure to the benefit of SPEEDO USA or its customers. You may download and print a single copy of the Website for your internal business purposes, provided that the content of the Website must not be altered in any way and must contain all copyright, trademark and other proprietary notices. The Website and its content are subject to change or deletion without notice and in the sole editorial discretion of SPEEDO USA All rights not expressly granted herein are reserved to SPEEDO USA You may not use the Website or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website not expressly permitted by these Terms of Use is a breach thereof.
The Website contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES.
Use of Materials on the Website
The materials found on the Website, including all product images, designs and information, marketing images (including but not limited to trademarks and other logos), designs, plans and tools, and all other product, marketing and business-related information and data (collectively, the "Materials"), are highly valuable, confidential, and the exclusive property of SPEEDO USA Except as otherwise authorized or restricted in writing by SPEEDO USA, you may download, print, copy and/or use the Materials found on the Website only for the purpose of selling to, buying from, providing services to, or otherwise doing business with SPEEDO USA. Except as otherwise authorized in writing by SPEEDO USA, you are not entitled to disclose the Materials to any third parties, or to distribute the Materials in any respect. Any unauthorized use of such Materials may lead to SPEEDO USA’ revocation of your access to the Website and will violate the intellectual property rights of SPEEDO USA This is a license, not a transfer of title to any Materials. Nothing in these Terms of Use or on the Website shall be construed as conferring any license to use the Materials for any purpose other than as described above.
Confidential Information
You agree that all of the following types of information on the Website are conclusively presumed to be the confidential and proprietary information of SPEEDO USA: (a) cost and other financial data, (b) manufacturing know-how, (c) business or marketing plans, strategies, policy statements, and forecasts, (d) product pricing information, (e) research and development, (f) identities of customers, vendors and suppliers, (g) production figures, (h) unpublished product specifications, product designs, or technical drawings, and (i) all information and Materials disclosed by SPEEDO USA on the Website. This list shall not be treated as exhaustive, and protectable information shall include such information as SPEEDO USA may, from time to time, classify as proprietary or confidential and in general any other information for which SPEEDO USA makes a reasonable effort to protect from disclosure, and which derives independent economic value from not being generally known.
You shall protect SPEEDO USA’ proprietary and confidential information from disclosure with the same degree of care that you would exercise in protecting your own information that you do not wish to be disclosed to the public, and, at a minimum, with reasonable care. In particular, unless authorized by SPEEDO USA in writing, you shall (a) refrain from copying any document or electronic file embodying or relating to SPEEDO USA’ confidential information; (b) refrain from divulging confidential information to third parties and protect electronic files and other media on which such information is stored from unauthorized access by third parties; and (c) instruct any employee, contractor, agent, or representative who may, in the course of conducting your business, have access to SPEEDO USA’ confidential information, to refrain from divulging such information to any person without SPEEDO USA’ prior written approval.
Compliance with Applicable Laws
You are responsible for ensuring that your use of the Website complies with all laws directly or indirectly applicable to you or SPEEDO USA SPEEDO USA IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE IN WAYS THAT DOES NOT COMPLY WITH ANY APPLICABLE LAW.
Limitation of Liability and Disclaimer of Warranties
When using this Website, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website.
ACCESS TO THIS WEBSITE, THIS WEBSITE, AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.SPEEDO USA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS SOLD THEREBY.SPEEDO USA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE WEBSITE, (ii) THE QUALITY AND SECURITY OF THIS WEBSITE, OR (iii) THE INABILITY TO ACCESS THE WEBSITE OR ITS CONTENT, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS WEBSITE. WHEN USING THIS WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF SPEEDO USA ACCORDINGLY, SPEEDO USA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS WEBSITE, AND YOU (AND NOT SPEEDO USA) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Limitation of Damages and Remedies
YOU AGREE THAT SPEEDO USA SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE. YOU FURTHER AGREE THAT SPEEDO USA SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE. IN NO EVENT WILL
SPEEDO USA
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF SPEEDO USA, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPEEDO USA’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY SPEEDO USA MATERIALS OR PRODUCTS, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPEEDO USA BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of this Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.Termination
SPEEDO USA reserves the right to cancel or terminate your right to use the Website, or any part of the Website, at any time for any reason, with or without cause, and without notice. In such event, you are no longer authorized to access the part of the Website affected by such cancellation or termination.
Survivability
The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law, and Other.
Indemnity
You agree to indemnify and hold SPEEDO USA, its officers, directors, employees, members, agents, and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Website; (iii) your unauthorized or unlawful use of the Website; and (iv) the unauthorized or unlawful use of the Website by any other person using your login and password.
No Extraterritoriality
SPEEDO USA is based in Los Angeles, California, in the United States of America. It makes no claims that the Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. Access to the Website and creation of certain postings may not be legal by certain persons in certain countries. If you access this Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Choice of Law
SPEEDO USA makes no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export the Materials in violation of U.S., or any other country's, export laws and regulations.
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with SPEEDO USA, including without limitation any claim involving SPEEDO USA or its affiliates, subsidiaries, employees, members, officers, or agents: (i) you will submit to the jurisdiction of the courts of the Los Angeles County, CALIFORNIA, including, without limitation, the United States District Court for the Central District, Western Division, or the Los Angeles Superior Court, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with SPEEDO USA, including without limitation any claim involving SPEEDO USA or its affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of California in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
Other
These Terms of Use constitute the entire agreement between SPEEDO USA and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of SPEEDO USA shall be void.
If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
Speedo Canada
General
This SPEEDO CANADA B2B website (the “Website”) is owned and operated by SPEEDO CANADA (“SPEEDO CANADA,” “we” or “us”), and is for the use of certain retailers, service providers, and other parties that are authorized to do online business to business (B2B) commerce with SPEEDO CANADA (“Business Associates,” “you” or “your”).The Website enables you to order our products, make requests of us, and register to receive information from us regarding us and our products. SPEEDO CANADA agrees to provide you with access to the Website subject to these Terms of Use, and may revoke that privilege at any time. In consideration for your use of the Website, you agree to use it in accordance with these Terms of Use. If you register for, or access, our Website in any manner, your access constitutes use of the Website. BY REGISTERING FOR, OR USING THIS WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT REGISTER FOR, ACCESS OR USE THIS WEBSITE. IF YOU WISH TO ACCESS AND USE THIS WEBSITE, YOU MUST SELECT “I ACCEPT” AT THE BOTTOM OF THE REGISTRATION FORM. IF YOU DO NOT WISH TO ACCESS OR USE THIS WEBSITE, YOU MUST SELECT “I DO NOT ACCEPT” AT THE BOTTOM OF THE REGISTRATION FORM.
Changes to the Website and Terms of Use
All products and services featured on this Website are subject to change at any time at SPEEDO CANADA’s sole discretion. All prices for such products are subject to change at SPEEDO CANADA’s discretion and all orders are subject to final approval only by SPEEDO CANADA. Such changes and/or improvements shall be made without notice to you.
From time to time, we also will change these Terms of Use or impose new conditions on the use of the Website, in which case we will post the revised Terms of Use on this Website. A revised form of these Terms of Use will be effective immediately upon its posting on this Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use or this Website, you should immediately stop accessing or using this Website in any manner whatsoever. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Website are reasonable.
Privacy Policy
The Website Privacy Policy may be found on the Website www.pentlandconnect.com . The Privacy Policy is incorporated herein by this reference and made an integral part hereof.
Online Commerce
SPEEDO CANADA allows you to view and purchase its products through this Website. In order to purchase products through this Website, you will have to provide information necessary to process your payment and to properly ship and deliver such goods to you.
You agree to be financially responsible for all purchases made through the Website by you or someone acting on your behalf. You agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product. You agree to only purchase products for yourself or for another person for whom you are legally permitted to do so.
The Website may include technical inaccuracies, typographical errors, or incorrect pricing. In the event one of our products is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any unshipped orders placed for product listed at the incorrect price. SPEEDO CANADA shall have the right to refuse or cancel any such orders at any time prior to shipment, regardless of whether or not the order has been confirmed or payment has been received. If payment has been received, SPEEDO CANADA will issue a credit to your account, at your election.
You agree that all purchases made by you by means of the Website shall be subject to the SPEEDO CANADA Terms and Conditions (the “Terms and Conditions of Sale”), which may be found on the Website at www.pentlandconnect.com . To the extent there are any differences between the Terms and Conditions and those of the Terms of Use, the Terms and Conditions will prevail.
Registration
In order to be eligible to register as a User, the individual, business or organisation must have an active customer account that is in good standing with at least one of Airborne Footwear Limited, Canterbury of New Zealand Limited, Mitre Sports International Limited, Speedo International Limited and Berghaus Limited. Before using the features available on the Website, the User must register with Pentland Brands by submitting a registration request. Provided that Pentland Brands is satisfied that the applicant is eligible for registration as a User, Pentland Brands will issue the User with a unique username and password. This username and password allows the User to access the features on the Website.
The User is solely responsible for maintaining the security and confidentiality of the User’s username and password and must not reveal them to any unauthorised third party. If the username and/or password is lost or becomes known to an unauthorised third party, the User must notify the Pentland Connect team as soon as possible who will disable the original username and/or password and issue a replacement. Pentland Brands are not liable for any harm caused or related to the theft or misappropriation of a User’s username or password, disclosure of a User’s username or password, or a User’s authorisation of anyone else to use the User’s username or password. All personal data collected through the Website or submitted to Pentland Brands will be processed in accordance with Pentland Brand’s Privacy Policy viewable at https://pentlandbrands.com/privacy-policy/
Login and Password
To use the Website, you will need a login and password. The initial registration information will be sent to you by SPEEDO CANADA and you will have the opportunity to change them once you register to use the Website. You are responsible for maintaining the confidentiality of your login and password, and all activities (whether by you or by others) with respect to the Website that occur under your login or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by SPEEDO CANADA as a result of your failure to maintain the confidentiality of your login and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your login and password, or your authorization to allow another person to access and use the Website with your login and password. You agree to notify us immediately of any unauthorized use of your login and password, the need to deactivate a login and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
Intellectual Property
All of the design, text, and graphics of this Website, as well as the selection and arrangement thereof, are © 2007 SPEEDO CANADA. All Rights Reserved. SPEEDO CANADA, the SPEEDO CANADA logo, the Website images and text, and all page headers, graphics and icons are trademarks, service marks and/or trade dress of SPEEDO CANADA or used by SPEEDO CANADA under licence from SPEEDO INTERNATIONAL LTD., the owner of all Speedo-related images, logos and names, and may not be used by others without the prior written permission of SPEEDO CANADA. All uses thereof inure to the benefit of SPEEDO CANADA and/or SPEEDO INTERNATIONAL LTD. All other trademarks, product names and / or logos included on the Website are the property of their respective owners.
The title to the content on the Website is owned by SPEEDO CANADA and all uses thereof inure to the benefit of SPEEDO CANADA or its customers. You may download and print a single copy of the Website for your internal business purposes, provided that the content of the Website must not be altered in any way and must contain all copyright, trademark and other proprietary notices. The Website and its content are subject to change or deletion without notice and in the sole editorial discretion of SPEEDO CANADA. All rights not expressly granted herein are reserved to SPEEDO CANADA. You may not use the Website or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website not expressly permitted by these Terms of Use is a breach thereof.
The Website contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES.
Use of Materials on the Website
The materials found on the Website, including all product images, designs and information, marketing images (including but not limited to trademarks and other logos), designs, plans and tools, and all other product, marketing and business-related information and data (collectively, the "Materials"), are highly valuable, confidential, and the exclusive property of SPEEDO CANADA and its affiliates, and licensors. Except as otherwise authorized or restricted in writing by SPEEDO CANADA,you may download, print, copy and/or use the Materials found on the Website only for the purpose of selling to, buying from, providing services to, or otherwise doing business with SPEEDO CANADA. Except as otherwise authorized in writing by SPEEDO CANADA,you are not entitled to disclose the Materials to any third parties, or to distribute the Materials in any respect. Any unauthorized use of such Materials may lead to SPEEDO CANADA’s revocation of your access to the Website and will violate the intellectual property rights of SPEEDO CANADA and its licensors. This is a license, not a transfer of title to any Materials. Nothing in these Terms of Use or on the Website shall be construed as conferring any license to use the Materials for any purpose other than as described above.
Confidential Information
You agree that all of the following types of information on the Website are conclusively presumed to be the confidential and proprietary information of SPEEDO CANADA: (a) cost and other financial data, (b) manufacturing know-how, (c) business or marketing plans, strategies, policy statements, and forecasts, (d) product pricing information, (e) research and development, (f) identities of customers, vendors and suppliers, (g) production figures, (h) unpublished product specifications, product designs, or technical drawings, and (i) all information and Materials disclosed by SPEEDO CANADA on the Website. This list shall not be treated as exhaustive, and protectable information shall include such information as SPEEDO CANADA may, from time to time, classify as proprietary or confidential and in general any other information for which SPEEDO CANADA makes a reasonable effort to protect from disclosure, and which derives independent economic value from not being generally known.
You shall protect SPEEDO CANADA’s proprietary and confidential information from disclosure with the same degree of care that you would exercise in protecting your own information that you do not wish to be disclosed to the public, and, at a minimum, with reasonable care. In particular, unless authorized by SPEEDO CANADA in writing, you shall (a) refrain from copying any document or electronic file embodying or relating to SPEEDO CANADA’s confidential information; (b) refrain from divulging confidential information to third parties and protect electronic files and other media on which such information is stored from unauthorized access by third parties; and (c) instruct any employee, contractor, agent, mandatary, or representative who may, in the course of conducting your business, have access to SPEEDO CANADA’s confidential information, to refrain from divulging such information to any person without SPEEDO CANADA’s prior written approval.
Compliance with Applicable Laws
You are responsible for ensuring that your use of the Website complies with all laws directly or indirectly applicable to you or SPEEDO CANADA.
SPEEDO CANADA IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW
Limitation of Liability and Disclaimer of Warranties
When using this Website, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website.
ACCESS TO THIS WEBSITE, THIS WEBSITE, AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.SPEEDO CANADA TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR COLLATERAL, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, OR WARRANTIES AND CONDITIONS ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS SOLD THEREBY.SPEEDO CANADA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE (i) ACCURACY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE WEBSITE, (ii) THE QUALITY AND SECURITY OF THIS WEBSITE, OR (iii) THE INABILITY TO ACCESS THE WEBSITE OR ITS CONTENT, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS WEBSITE. WHEN USING THIS WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF SPEEDO CANADA. ACCORDINGLY, SPEEDO CANADA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS WEBSITE, AND YOU (AND NOT SPEEDO CANADA) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Limitation of Damages and Remedies
YOU AGREE THAT SPEEDO CANADA SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE. YOU FURTHER AGREE THAT SPEEDO CANADA SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE. IN NO EVENT WILL SPEEDO CANADA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, REVENUE OR OPPORTUNITY OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF SPEEDO CANADA, ITS AGENTS, MANDATARIES OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPEEDO CANADA’s CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY SPEEDO CANADA MATERIALS OR PRODUCTS, SHALL NOT EXCEED FIVE HUNDRED US DOLLARS (USD$500.00). SOME JURISDICTIONSDO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPEEDO CANADA BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of this Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Termination
SPEEDO CANADA reserves the right to cancel or terminate your right to use the Website, or any part of the Website, at any time for any reason, with or without cause, and without notice. In such event, you are no longer authorized to access the part of the Website affected by such cancellation or termination.
Survivability
The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law, and Other.
Indemnity
You agree to indemnify and hold SPEEDO CANADA its officers, directors, affiliates, licensors, employees, members, agents, mandataries, and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Website; (iii) your unauthorized or unlawful use of the Website; and (iv) the unauthorized or unlawful use of the Website by any other person using your login and password.
No Extraterritoriality
SPEEDO CANADA is based in Montreal, Canada. It makes no claims that the Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of Canada. Access to the Website and creation of certain postings may not be legal by certain persons in certain countries. If you access this Website from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Choice of Law
SPEEDO CANADA makes no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export the Materials in violation of U.S., or any other country's, export laws and regulations.
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with SPEEDO CANADA, including without limitation any claim involving SPEEDO CANADA or its affiliates, subsidiaries, employees, members, officers, agents or mandataries: (i) you will submit to the jurisdiction of the courts of New York, NEW YORK, including, without limitation, the United States District Court for the Southern District, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with SPEEDO CANADA,including without limitation any claim involving SPEEDO CANADA or its affiliates, subsidiaries, employees, members, officers, directors, agents and mandataries, shall be governed by and construed in accordance with the laws of the State of New York in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
Other
These Terms of Use constitute the entire agreement between SPEEDO CANADA and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of
SPEEDO CANADA
shall be void.If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
The parties confirm that it is their wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les signataires confirment leur volonté que les présentes modalités d’utilisation, de même que tous les documents s’y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.