Terms & Conditions
www.barkeopticians.co.uk (the “Website”) is owned and operated by Barke Brothers Ltd, a limited company registered in England and Wales, number 3143479.
The terms “Zeiss Opticians” “we”, “our”, “us” when used in these terms and conditions (“Terms”) means Zeiss Opticians. The terms “you”, “your” and “yours” when used in these Terms means you as a user of the Website.
1. Use of the website
1.1 Please read the Terms carefully before using the Website. The Terms form the agreement between you and us and govern your use of the Website.
1.2 By using the Website and/or by registering with us or purchasing from us, you signify your agreement to be bound by the Terms. Please note that certain parts of the Website and some of the services provided by us (e.g. access to some archive material) (the “Registered Services”), will only be available to registered users (“Registered Users”) or to those who have made a purchase from us (“Subscribers”). Please note that all Terms shall apply to all users of the Website, except for clauses 6 and 7 which shall apply in addition to Registered Users only. If you are a Subscriber, you may also be subject to additional subscription terms [(see relevant subscriptions for further details)]. If you do not agree to accept the Terms, you should not use the Website or register to use any of the services available through the Website.
1.3 We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.
1.4 Zeiss Opticians is concerned about the safety and privacy of all our users. Please remember that our Website is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any use of the Website and/or the Registered Services are appropriate for the intended audience.
2. Intellectual property rights
2.1 Copyright and all intellectual property rights in the content of the Website are either owned by or are licensed to Zeiss Opticians and are protected by such rights including, without limitation, by copyright and under trade mark laws. Except as specifically provided in Clause 2.3, no part of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in any form, and/or for any other purpose. Use of the Website content for any other purposes other than as allowed in these Terms and any modification, alteration or adaptation of the content is an infringement of intellectual property rights of Zeiss Opticians and may infringe the rights of third parties.
2.2 No part of the Website may be reproduced on or stored in any other website or networked computer environment or included in any public or private electronic retrieval system or service without Zeiss Opticians’s prior written permission.
2.3 Where indicated, materials on the Website may be printed in hard copy or a single copy downloaded to a single personal computer, in each case subject to the following conditions:
2.3.1 unless otherwise indicated, such copy is only printed and used in the UK, Eire or the Commonwealth (excluding Canada).
2.3.2 such copy is used only for non-commercial personal purposes;
2.3.3 such copy may not be modified, altered or adapted in any way from the corresponding text; and
2.3.4 you must keep intact all copyright and other proprietary notices on any copies made by you.
In order to request permission to reprint any material from the Website, (outside of use in accordance with this Clause 2.3) please write to:
Barke Brothers Ltd
2.4 In the event that you download software from the Website, the software (including any files, images incorporated in or generated by the software or any data accompanying the software) (together the “Software”) are licensed to you by Zeiss Opticians solely for the purposes set out at Clause 2.3.2. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software and must comply with the conditions of use set out in these Terms or notified to you in connection with such Software or on any relevant part of this Website. Software downloaded from this Website is subject to UK export controls. No Software may be downloaded or otherwise exported or re-exported into any country to which the UK has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, or under the control of, or a national resident of any country or on any such list.
2.5 Zeiss Opticians logo shown on the Website is owned by us, Zeiss Opticians. No rights are granted to use any logos which appear on this Website other than as expressly set out in Clause 2.3 above. For the avoidance of doubt, you may not use any meta tags or any other hidden text utilising Zeiss Opticians’s logo without our prior written permission.
2.6 Under no circumstances shall the use of this Website or the Software grant to any user any interest in the content of the Website, the Software or in any intellectual property rights of Zeiss Opticians.
2.7 All images used on the website www.zeissopticians.co.uk are either owned by Zeiss Opticians or used with permission of the owner. Under no circumstances are the images to be copied or used without the express permission of Zeiss Opticians.
3. Misuse of the website
3.1 You must not, nor must you allow any other person, to alter, add to, delete, remove or tamper with this Website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website including without limitation via a denial-of-service attack or a distributed denial-of service attack.
3.2 By breaching clause 4.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may 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 access and use our Website will cease immediately.
3.3 We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading any material posted on it, or accessing and/or using any website linked to the Website. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer.
4. Information on the website
4.1 Any material posted on our Website is provided on an “as is” basis. It is not intended to amount to advice. We shall have no liability to you or anyone who may be informed of the contents of our Website in the event any party places reliance on any content or other materials on or available via our Website.
4.2 Whilst we reserve the right to change the content of the Website at any time (including amending or withdrawing the Registered Services), material on the Website may be out of date from time to time and we are under no obligation to update such material.
4.3 We make no representation that material on the Website is appropriate for or available for use outside the UK. If you access the Website from outside the UK, you are solely responsible for compliance with any applicable local law.
5.1 This Website contains links to other websites which we consider may be of interest or helpful to you. These links are provided for your convenience only and Zeiss Opticians has no control over nor is in any way responsible for the content or availability of such websites. Zeiss Opticians therefore does not endorse or make any representations about them, or any material found thereon, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 You may not link to this Website from any other website without our express written authorisation. Permission for such linking may be requested by sending your name, address, website URL and details of the nature of the website to firstname.lastname@example.org
6. Limitations of liability and disclaimer
6.1 Zeiss Opticians is providing the Website on an “as is” basis and to the fullest extent permissible by law makes no (and expressly excludes all) guarantees, representations (except for fraudulent misrepresentation) or warranties of any kind (express or implied) with respect to the Website and its contents or any websites to which it is linked including, without limitation, warranties as to quality and fitness for purpose.
6.2 Zeiss Opticians does not represent or warrant that the information accessible via the Website is accurate, complete, reliable or current nor that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements.
6.3 Except as specifically set out in these Terms, to the fullest extent permissible by law, neither Zeiss Opticians nor any of its affiliates, directors, employees or other representatives will be liable (whether under contract, tort, statute or otherwise howsoever arising) for any of the following losses or damage (whether such losses were foreseeable or not):
6.3.1 losses suffered by third parties;
6.3.2 loss of data;
6.3.3 loss of profit;
6.3.4 loss of revenue;
6.3.5 loss of business or opportunity;
6.3.6 loss of goodwill; or
6.3.7 any indirect, consequential, special or exemplary damages arising from the use of the Website, inability to use the Website, the results of use of the Website, any Website linked to it or any material contained in the Website. The losses listed in this clause 13.3 are intended to be severable.
8.2 If for any reason any part of these Terms is deemed to be unenforceable, then that part of the Terms will be severed and this will not affect the validity or enforceability of the remaining terms.
8.3 Any waiver by Zeiss Opticians of a breach of any provision of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.
8.4 A person who is not a party to these Terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
8.5 These Terms constitute the entire agreement between you and Zeiss Opticians and govern your use of the Website and supersede any prior agreements between you and Zeiss Opticians in relation to the Website. You may also be subject to additional terms and conditions that may apply when you participate in any promotions through the Website or use any affiliate services, third party content or third party software.