We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Website or create and publish a hypertext link to these unauthorised components; and
2.1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7.1 If you register for any competitions offered via this Website, the competition rules set out in this Clause 7, together with any other specific entry instructions or rules posted on this Website by NUS Services Ltd and these User Terms (together the "Competition Rules"), shall apply.
7.2 All competitions, promotions, prizes or other give-aways offered by a third party from this Website ("Competitions") are only open to individuals who are registered on the Website.
7.3 All Entrants must register for the relevant Competitions by giving their correct name and email address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained within these Terms and Conditions.
7.5 By registering for any Competitions, agree to the use of your name and photographs for publicity material in any NUS Services Ltd. publications in any media, including allowing your name to be published on the Website if you are a prize winner.
7.6 Unless specifically stated, no purchase is necessary to enter any competitions on the Website.
7.7 Prizes are as stated in the Competitions' details on the Website.
7.8 NUS Services Ltd. will not offer cash alternatives in whole or in part for any prizes offered.
7.9 An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per individual.
7.10 All entries become the absolute property of NUS Services Ltd. and will not be returned to Entrants unless otherwise stated by NUS Services Ltd. on the Website.
7.11 Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and no responsibility can be accepted by NUS Services Ltd. for any delayed, lost or misplaced entries. Proof of winners' eligibility to enter the prize draw may be required.
7.12 Prizes are allocated randomly from correct entries received unless otherwise stated on the Website. The Judge's decision is final and no correspondence will be entered into.
7.13 NUS Services Ltd. reserves the right without notice to you, to remove any Competitions from the Website or to suspend or alter any Competitions on the Website, at its sole discretion for legal or technical reasons. NUS Services Ltd. will give Entrants as much notice as possible prior to taking any of the actions described in this clause by posting such notice to the Website, but prior notice may not always be feasible.
7.5.14 Competitions are run subject to English law. NUS Extra and NUS Services makes no representation that the Competitions comply with the law of any other country other than the United Kingdom or that any prizes offered in Competitions are appropriate for use, or are legally able to be offered, in any other country. Those who choose to enter any Competitions on the Website are solely responsible for compliance with local laws and regulations if and to the extent they are applicable.
7.15 Any time of delivery is an estimate only in respect of the delivery to an Entrant of any prize in any Competitions and NUS Services Ltd. shall not be liable for any late delivery of the prizes or any loss or damage caused as a result.
7.16 Attempts will be made to notify competition winners by Email within twenty working days of the individual competition closing date given on the Website. The winners will be expected to reply with confirmation of their full address. Where winners cannot be contacted by Email, attempts will be made to contact them by mobile phone instead. It is therefore imperative that you accurately submit and maintain your personal details on the Website. On confirming their full address, NUS Services Ltd will then inform the winners on how and when to claim their prize.
7.5.17 Although every effort will be made to supply the prizes stated, NUS Services Ltd. cannot guarantee that the particular prizes will be available and an equivalent prize may therefore be offered by NUS Services Ltd. in such cases.
7.5.18 No responsibility can be accepted by NUS Services Ltd. for the quality and/or suitability of any prizes provided by third parties.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9. LIMITATION OF LIABILITY
9.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
9.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
9.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
9.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
9.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
9.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
9.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
9.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
9.7.2 any loss of goodwill or reputation; or
9.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
9.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
13 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.