Terms & Conditions

PARKA LONDON TERMS OF USE

Last revision: 11 August 2023

PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE UTILISING THE PARKA LONDON WEBSITE, www.parkalondon.com (“Website”) AND PARKA LONDON WEBSTORE (“Webstore”).

Additional terms may apply to you in your particular country and are viewable at the bottom of these Terms. These additional terms override the Terms below to the extent of any inconsistency.

Welcome to the Parka London terms of use! You are reading these Terms because you are using a Parka London Website and Webstore, both of which are part of Parka London Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.

These Terms create a legally binding agreement between you and Parka London and its affiliates (which we may refer to as “Parka London,” “we,” “us,” or “our”) regarding your use of the Platform. The relevant Parka London entity responsible for providing the Platform to you are:

For the Global Website, the entity is:

SINCH Brands Ltd, Zeeta House, 200 Upper Richmond Road, London, England, SW15 2SH

A few important points:

• Our Terms May Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. 
• Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region. 
• Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1. GROUND RULES

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. 

Rules for Registration.  When you register for an account with us, the following rules apply:

• Be True: Provide accurate and current registration information.
• Be You: Keep your registration personal. Do not register for more than one Parka London account, register a Parka London account on behalf of someone else, or transfer your account.
• Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
• Be Responsible: Inform Parka London immediately of any unauthorised use of your Parka London account. You are responsible for anything that happens through your Parka London account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PARKA LONDON IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISED USE OF YOUR ACCOUNT. 

2. OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by Parka London or others we licence Content from, and is protected by copyright, trademark, patent and other laws. Parka London reserves all rights not expressly described in these Terms.

• All trademarks, service marks and trade names (e.g., the Parka London name and the Parka London logo are owned, registered and/or licensed by Parka London. You do not acquire a licence or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
• To the extent Parka London approves the download or use of Content comprised of copyrights or copyrightable works, Parka London grants you a limited, personal, non-transferable, non-sublicensable, and revocable licence to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Parka London makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Parka London reserves the right to monitor your use and to alter or revoke this licence or your access to the Content at any time and for any reason. Parka London reserves the right to take down any Content in violation of these terms or Parka London’s intellectual property rights. Parka London allowing you this limited use does not constitute a waiver of any of Parka London’s rights to the Content. 
• Outside of the specific usage rights granted to you by Parka London in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Parka London’s prior written consent. Unauthorised use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3. POSTING CONTENT ON THE PLATFORM

User Content Licence. Some parts of the Platform may allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  Parka London is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you licence it to Parka London as described below:

• You represent that you have the right to post your User Content, and you grant Parka London a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Parka London may, in its sole discretion, remove any User Content at any time.
• You understand that deleted User Content may persist in Parka London’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Parka London a perpetual, worldwide licence to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. 

4. USER CODE OF CONDUCT

If you post material to the Platform or social media using our Parka London brand, here are a few basic rules:

• Be Original. 
• Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 

• Be Safe.
• Do not do anything that may expose Parka London or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
• Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
• Do not use any data mining, robots, scraping or similar data gathering methods.
• Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform – yours or anybody else’s.

• Be Personal.
• Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
• Do not collect or solicit personal information from other Platform users or send unsolicited messages.
• Do not use automated technology to interact with the Platform.

• Be Appropriate. 
• Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Parka London has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.

• Be Yourself. 
• Do not impersonate any person or organisation, including talent or Parka London employees.

5. COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. Parka London may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Send copyright infringement complaints to: enquiries@parkalondon.com 

6. PARTNERS ON THE PLATFORM

From time to time, Parka London may link to partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean Parka London endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. Parka London is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7. IMPORTANT DISCLAIMERS

WARRANTY DISCLAIMER

• The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. 
• Parka London does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.  
• To the fullest extent permitted by law, Parka London disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
• You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
• We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

8. TERMINATION

Parka London may terminate or modify any Parka London Platform, member program, product or service at any time without notice.

Parka London may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Parka London, subject to applicable law.

• You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
• These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

9. INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but Parka London must also protect itself from any damages you may cause.

You agree to indemnify, defend, and hold harmless Parka London, its affiliates, distributors, officers, directors, employees, agents, licensors and suppliers (the “Parka London Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Parka London Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY

NONE OF THE PARKA LONDON PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A PARKA LONDON EVENT OR PARKER LONDON PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF PARKA LONDON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST PARKA LONDON IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF PARKA LONDON IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, PARKA LONDON’S LIABILITY SHALL NOT EXCEED GBP£100.00 OR THE EQUIVALENT AMOUNT IN THE RELEVANT LOCAL JURISDICTION.

10. DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

• You agree that this Platform is a passive platform solely based in the United Kingdom (“UK”), which does not give rise to personal jurisdiction over Parka London in jurisdictions other than the UK.
• You agree that the Platform, Terms, Privacy Policy and any dispute between you and Parka London shall be governed in all respects by England and Wales Law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
• Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Parka London products) shall be resolved individually, without resort to any form of class action, and exclusively by the courts of UK.
• You consent to waive all defences of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in UK.
• All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
• PLEASE NOTE, we are not in the business of legal disputes. We want to provide the best service and sports performance clothing products available on the market. If you have an issue or beef with us, let us know. We want to ensure that your experiences are positive and that you get the best out of us.

Electronic Communications

• By using the Platform, you agree to receive certain electronic communications from Parka London, subject to applicable law.
• You agree that any notice, agreement, disclosure or other communication that Parka London sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

• Parka London may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
• Parka London’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Parka London’s rights. Users should always assume these Terms apply.
• If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Thanks for reading.