WEBSITE TERMS AND CONDITIONS OF USE
This is the official Terms and Conditions of Use (the "Terms and Conditions") for www.redordead.com, an internet website brought to you by Red or Dead Limited ("RoD", "we", or "us"). All rights, including copyright, in the content of these www.redordead.com (the "Website") web pages are owned or controlled by RoD.
These Terms and Conditions govern the content, features and activities related to the Website, so we ask all our visitors to read carefully.
If you have any comments or queries relating to this Website, please contact us via email at info@redordead.com or by post at: Red or Dead, Lakeside, Squires Lane, London, N3 2QL, England.
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.
RoD 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.
These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and RoD.
These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy, any additional terms or rules featured in the Website, including any indemnifications, warranties and limitations of liability.
2. Registration
We may require you to have a unique user name and password combination in order to access and use certain features or functions of the Website and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain features or functions of the Website. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
3. The Features
The Website may offer the following features to you: voting, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the "Features"). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.
4. 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:
a) 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;
b) 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 other user of the Website or other party;
c) 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;
d) That all Features will be used entirely at your own risk and RoD accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If RoD 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, RoD reserves the right to suspend or permanently prevent access by that user to the Features and shall have no liability to the user whatsoever in such event.
5. 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 to RoD (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive, sublicenseable and transferable license and right 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:
a) you have the right to make it available to RoD;
b) the Material is not defamatory;
c) the Material does not infringe any law.
You agree to indemnify RoD against all legal fees, damages and other expenses that may be incurred by RoD 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.
6. 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.
7. Website Content - Accuracy and Permitted Use
RoD makes every effort to ensure that the content of the Website is accurate and up-to-date, but RoD does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
RoD may remove material or Features, from the Website at its own discretion and without any notice.
This Website is intended to provide amongst other things, information relating to Red or Dead 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, including (but not limited to) selling on of any products purchased from the Website to Ebay or any other auction site advertising or to promote or encourage traffic to any other website.
RoD does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, RoD is not responsible for the content in any such third party website.
8. 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 RoD and that these are protected by copyright and other laws and international treaty provisions.
You 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 RoD to do so.
All trade marks appearing on the Website are used by RoD 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.
9. 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 RoD takes all reasonable steps to ensure that the Website is properly functioning at all times, RoD 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.
RoD 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 RoD 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.
RoD does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions, you accept that RoD cannot 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.
10. Governing Law
These terms and your use of this Website shall be governed by and construed in accordance with English Law.
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.
This 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 this 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.
© Red or Dead Limited, 2007. All Rights Reserved.
PRIVACY POLICY
Red or Dead Limited ("RoD", "we" or "us") takes its relationship with all our users seriously, and this includes how we handle the data you give us.
RoD is committed to meeting the requirements of all relevant laws and codes including the Data Protection Act 1998 and is registered with the Information Commission under registration Z7221596 as a Data Controller.
This Privacy Policy sets out the ways RoD processes any personal data collected via its website at www.redordead.com (the "Website").
When do we collect personal information?
When do we collect personal information?
Most of the Website is free for you to browse through and read. There are a few occasions when we ask you to fill in a form and give us some information on yourself
- If you want to take part in a Prize Draw or Competition
- If you want to create or update your personal profile
- If you want to send us an email.
We only collect personally identifiable information (such as your name, email address or country of residence) if you choose to fill out a form.
What do we do with the information?
Providing personal information is up to you. We collect personally identifiable information to enter you in contests and notify you of results, to email you with updates, news and special offers, to respond to your questions or comments, to register you for certain features on the Website.
Asking your permission
If you register on the Website we ask you to let us know if you would like to receive further information or updates from us via email. We will only send you an email update if you request to receive it. We don't want to bombard your inbox, so the most updates we will send you is one a week - but normally it is only one every fortnight or less. (We might send you a more frequent update if a really cool event or offer is coming up that you might be interested in).
What if you change your mind?
We always provide you with the opportunity to opt in or out of receiving communication via email. You can do this on the Website by clicking on to the Register/Log In section and selecting the "Delete Details" option.
Use of cookies
RoD may use cookies in order to provide a better service or identify which pages on the Website are of special interest. A cookie is a small piece of information which a website stores via your web browser on your PC and which can later be retrieved. Cookies cannot be read by a website other than the one that set them. The main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same website. Most cookies last only through one session or visit to our Website. None will contain information that will enable anyone to contact you via telephone, email, or any other means. You can set up your web browser to inform you when cookies are set or to prevent cookies from being set.
Links to other sites
We sometimes offer links to other websites we use and recommend. However, we are not responsible for the content or information collection policies of websites operated by other companies. If you visit another website, you should review their privacy and other policies.
Changes to our Privacy Policy
Any changes to the Privacy Policy will be posted here.
If RoD wishes to make material changes to the way it uses your personal information we will ask for your consent before we do so.
What should I do if I have questions, wish to access, update or delete information, or wish to opt out of receiving future communications?
If you would like us to access information we have about you, or have questions about our privacy policy, please contact our moderator at:
You can contact us via email at:
You may also write to us at:
Website Moderator
Marketing Department
Red or Dead
Lakeside
Squires Lane
London
N3 2QL
DATA PROTECTION POLICY
Who processes my information?
RoD (and those people or companies employed by RoD who help make this Website, its content and its services) use the information you tell us in order to respond to your feedback - like writing a new feature because you asked for it, or running a new competition. Beyond this, we DO NOT share your information with, or sell your information to any partner, company or third party agent not involved with RoD and the creation of this Website. We make sure that if you sign up to a RoD update, you only get a RoD update.
What do we do to safeguard personal information?
We have instituted safeguards to check that our internal procedures meet our high policy standards. We also use our best efforts to be sure that third parties who work with us as our agents to make this Website and its contents available to you, and to fulfil your orders and requests, agree to protect personal information that they must access in order to serve our Website and our visitors. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
Anything else I should know?
Except as otherwise provided, RoD will NOT disclose any information processed by us to any third party, unless required to do so by law.
LEGAL NOTICE
All text, images, animation, videos, music, sounds, website design graphics, text selections, arrangements and all software are copyright © Red or Dead Limited, 2007, unless stated otherwise.
RED OR DEAD and all other trademarks are registered trade marks of RoD Limited unless stated otherwise.
The product images used on this Website are for reference purposes only. They are representations of apparel, footwear and accessory styles and we reserve the right to alter styles or colours without prior notice.
redordead.com is a registered domain name of Red or Dead Limited.
For further details email RoD:
You may also write to us at:
Website Moderator
Marketing Department
Red or Dead
Lakeside
Squires Lane
London
N3 2QL
RED OR DEAD
BUSINESS
STANDARDS
POLICIES
Contents
SECTION 1
CODE OF BUSINESS CONDUCT
SECTION 2
EMPLOYMENT STANDARDS POLICY
SECTION 3
CODE OF EMPLOYMENT STANDARDS FOR SUPPLIERS
SECTION 4
ENVIRONMENTAL POLICY
SECTION 1
CODE OF BUSINESS CONDUCT
1. Introduction
1.1 We believe that business should be conducted honestly, fairly and with respect for people, their dignity and their rights. This Code is intended to make clear what this means in terms of practical behaviour. It spells out the standards of behaviour by which we try to manage the organisation. We expect and require that all managers and employees of Red or Dead apply the same standards in their dealings with other people and organisations.
1.2 What are we in Business for?
We are in business to create shareholder value by developing and marketing products of quality, reputation, performance, style and value and by selling them on fair terms to our customers.
To build long term sustainable shareholder value, we need to implement our vision to develop a category leading brand. We will do this honestly, fairly and with respect for people and the natural environment.
To continue to grow and prosper we will need, increasingly, to build partnerships with our customers and suppliers. Such partnerships must be based on mutual trust and we will earn our partners’ trust by operating according to the principles laid out in this document.
1.3 Stakeholders
There are a number of categories of people and organisations who are affected by our actions and to whom we have responsibilities. These include our employees, our customers, our suppliers, other business partners (such as licensees, distributors and joint venture partners) and the wider community. These are, of course, in addition to our shareholders, the owners of the business, to whom we have the responsibility to protect their investment and to make sure that they receive an appropriate return.
1.4 Status of this Code
This Code has over-riding status in governing the standards of our business behaviour. All contracts entered into by Red or Dead should be consistent with it. If there are any inconsistencies, Red or Dead is required to act in accordance with this Code’s standards rather than any lower standards set out in such contracts.
In running our business, Red or Deadis required to observe the standards of conduct set out below.
Standards of Behaviour
2. Towards Employees
2.1 Our employees are our greatest asset. Our continued success depends entirely on harnessing their talents and enthusiasm.
2.2 We will:
- Respect the human rights of all employees (see the Employment Standards Policy document).
- Provide good, safe and healthy conditions in which to work (a separate and more detailed Health & Safety Policy has been issued).
- Provide competitive earnings and other employment benefits.
- Offer fair terms of employment through contracts of employment that even-handedly confer mutual benefits and responsibilities on employer and employee.
- Promote the development and best use of people’s talents.
- Select, train and promote employees fairly, on merit, giving equal opportunities to all.
- Not discriminate among employees or potential employees on the grounds of race, colour, religion, nationality, ethnic origin, political opinion, sexual orientation, marital status, gender, age, disability or part time or fixed term status.
- Ensure a working environment that is free from harassment and bullying.
- Manage people with consideration and respect, providing feedback on their performance.
- Ensure that disciplinary procedures are documented, fair and open.
- Keep all employees informed about changes, trends and developments.
- Not ask any employee to do anything that is illegal or immoral or that fails to comply with the standards of any recognised professional body of which he or she is a member.
- Encourage employees to speak up about any instances of wrongdoing or breaches of this Code that they become aware of.
- Respect employees’ rights to join whatever lawful representative organisations they wish or to choose not to join any such organisations.
- Respect employees’ rights to take part in civic activity (such as charitable work, acting as a school governor and standing for election to public office) and to practice their religions in accordance with their own beliefs, subject to their compliance with their contracts of employment.
- Not seek to employ people on casual, fixed term, or other bases in order to avoid giving them employment protection, social security or other normal employee benefits.
3. Towards Customers
3.1 To continue to succeed, we need to win and retain customers by building partnerships with them.
3.2 We will:
- Supply products and services that offer consumers good value in terms of price, quality, performance, style, safety and environmental impact.
- Establish mutually beneficial business relationships and strive to meet or exceed the spirit as well as the letter of our contractual commitments.
- Seek clarity in all our agreements, trying to avoid any ambiguity about what we undertake to do and what we expect of our customers.
- Ensure that any quality or performance problems that occur in our products are dealt with expeditiously with the minimum inconvenience to our customers and consumers.
- Not seek to obtain sales or other business advantages by giving bribes or other dubious inducements. We will not make any payments to any employees of customers or government departments or agencies in order to obtain commercial advantage.
- Take all reasonable practicable measures to prevent counterfeits of our products from being marketed.
4. Towards Suppliers
4.1 An efficient and reliable supply chain is an increasingly key factor in business success.This requires close inter-dependent partnerships with our suppliers.
4.2 We will:
- Seek to develop mutually beneficial partnerships with suppliers.
- Comply with the spirit as well as the letter of contracts with suppliers, not taking advantage of unintended errors.
- Seek clarity in all our agreements, trying to avoid any ambiguity about what we undertake to do and what we expect our suppliers to do.
- Develop business with suppliers on the basis of their embracing and complying with our Code of Business Conduct, especially our Employment Standards, Health and Safety and Environmental policies.
- Agree clear payment terms with our suppliers and make sure we pay them on time in accordance with those terms, not avoiding payment on technical pretexts.
- Insist on honesty and integrity in all aspects of our business with suppliers and not tolerate any attempts to obtain business from us by payments or gifts to our employees or agents or members of their families.
- Not establish business relationships with people or organisations that we have any reason to believe may be involved in unlawful or unethical business practices.
5. Towards the Wider Community
5.1 We believe that business organisations have an obligation to be good corporate citizens.
5.2 We will:
- Comply fully with the requirements of all laws and regulations of each country in which we operate.
- Try to minimise any adverse effects of our activities on the environment and the earth’s natural resources (a separate Environmental Policy has been issued).
- Not make payments to political parties or take any part in party politics, although we reserve the right to raise matters that affect our legitimate business interests with governments and political organisations.
- Encourage our employees to become involved in community activities.
- Support worthwhile relevant charity and community organisations and activities.
6. Other Matters
6.1 Competition
We believe in a free and fair market economy as the most appropriate environment for business. Therefore we will:
- Compete vigorously but fairly in the markets in which we operate.
- Not try to restrict competition by price fixing or participation in cartels.
- Not seek to obtain confidential information about competitors by underhand means.
- Respect other people’s intellectual property rights.
6.2 Financial Matters
All transactions by Red or Deadwill be open and be fully documented and accurately reflected in the accounts of the company in accordance with established accounting procedures and will be subject to internal and external audit.
6.3 Confidentiality
We will take care to safeguard the confidentiality of information that we hold about employees and our business partners. Such information will only be made available to those by whom it is needed to undertake their work.
6.4 Understanding and Compliance
- We will develop and implement programmes to enable all present and future employees to be informed about and understand our standards of business conduct and the behaviour required of them.
- We will require all our senior executives to report at least once a year on their compliance with our standards of business conduct and the steps they have taken to communicate these standards to all employees and monitor their application.
SECTION 2
EMPLOYMENT STANDARDS POLICY
1. Principle
The Company and its shareholders believe that business should be conducted honestly, fairly and with respect for people, their dignity and their rights.
2. Policy
2.1 Our Employees
It is our policy that the people who work for Red or Dead, and their health, safety and rights at work, should be respected and protected. We strive to comply with all relevant employment laws and regulations in each country in which we operate. Beyond that, we follow our own Code of Business Conduct and we aspire to match the best employment practices in the country concerned.
2.2 People Who Make Our Products
Our products, most of which bear our brand names, are manufactured by hundreds of different supplier organisations employing probably hundreds of thousands of people in many countries, mostly in Europe and Asia. Our policy is only to do business with suppliers that adopt and implement our standards or have their own policies that reflect the same standards.
Our suppliers all have suppliers of their own and they in turn are supplied by others. It would be impossible for us to control the working conditions of the vast number of people who contribute in some way to what finally becomes one of our products. We therefore address our policy primarily to our direct suppliers and encourage them, in turn, to apply it to their own supply chains.
For our businesses to be and remain competitive in the market place, they need to have their goods made where they can be produced at the lowest overall cost, consistent with our required quality and technical specifications. This means that many products are made in countries where wages are relatively low. Nevertheless, suppliers should treat their workers properly, in accordance with our, and internationally recognised, standards.
We have developed a Code of Employment Standards for Suppliers.
It spells out how our suppliers should treat their employees and its requirements are that:
- Living wages are paid,
- Working hours are not excessive,
- Working conditions are safe and hygienic,
- Child labour is not used,
- Employment is freely chosen by employees,
- No discrimination is practised,
- There is no harsh or inhumane treatment,
- Freedom of association is respected, and
- Regular employment is provided.
The full Code reflects the Base Code of the Ethical Trading Initiative (ETI) and is consistent with the relevant conventions and recommendations of the International Labour Organisation (ILO).
3. Implementation
3.1 Our Employees
Local management in each of the countries in which Red or Deadhas activities should, so far as is possible in the context of local laws and regulations, ensure that their employees are employed on terms that reflect Red or Deadstandards as indicated above. Human Resources managers have a functional responsibility to the Human Resources Director and are responsible for reporting back any employment practices that fall short of our policy standards.
3.2 Our Suppliers’
In many of the countries in which our products are made, the history, traditions, culture and, in some cases, even the law, make full compliance with our policy difficult for our suppliers in the short term.
In such circumstances, our approach is to work with suppliers to improve the conditions of their workers progressively, rather than to walk away from the issue. Normally, only if a supplier fails to co-operate with us in implementing an improvement programme, will we sever our relationship with him.
Many of the difficulties we encounter are endemic to countries, regions or communities. We often work in partnership with other organisations, locally and internationally, to seek to address these issues. Such organisations may include other companies in our field of activity, local industry organisations and local and international welfare organisations, such as charities and other NGOs.
In particular, we are a member of the Ethical Trading Initiative (ETI), an alliance of companies, non governmental organisations and international trade union organisations working to improve conditions of employment throughout global supply chains.
