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Terms
and conditions
1
ACCEPTANCE OF TERMS
1.1 Your
access to and use of Informed Choice Ltd ("the Website") and any Services referred to
in Clause 2, is subject exclusively to these Terms and
Conditions. You will not use the Website/Services
for any purpose that is unlawful or prohibited by these
Terms and Conditions. By using the
Website/Services you are fully accepting the terms,
conditions and disclaimers contained in this notice.
If you do not accept these Terms and Conditions you must
immediately stop using the Website/Services.
1.2 We
reserve the right to update or amend these Terms and
Conditions at any time and your continued use of the
Website/Services following any changes shall be deemed
to be your acceptance of such change. It is
therefore your responsibility to check the Terms and
Conditions regularly for any changes.
2
THE SERVICES
The
Website may provide communication tools such as email,
bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities ("the
Services") designed to enable you to communicate
with others. Unless stated otherwise the Services are
for your personal and non-commercial use only.
3
CHILD SUPERVISION
We
are concerned about the safety and privacy of our users,
particularly children. Parents who wish to allow
their children access to and use of the Website/Services
should supervise such access and use. By allowing
your child access to the Services you are allowing your
child access to all of the Services, including email,
bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities. It is
therefore your responsibility to determine which
Services are appropriate for your child. Always
use caution when revealing personally identifiable
information about yourself or your children via any of
the Services.
4
PRIVACY POLICY
We are committed to responsible data management and
subscribe to the principals of the data protection
legislation in the United Kingdom . We are
committed to maintaining the privacy of our users and
maintaining the security of any personal information
received from you. If you register for any of the
Services you will be asked to provide basic personal
information. The information provided by you is
not available for sale or use by third parties.
The information is used solely for notifying you of
changes or updates to the Website/Services.
5
USER ACCOUNT, PASSWORD AND SECURITY
If
a particular Service requires you to open an account you
will be required to complete the registration process by
providing certain information and registering a username
and password for use with that Service. You are
responsible for maintaining the confidentiality of the
username and password and also for all activities which
take place under your account. You agree to
immediately notify us of any unauthorised use of your
password or account or any other breach of security.
In no event will Informed Choice Ltd be liable for
any indirect or consequential loss or damage whatsoever
resulting from the disclosure of your username and/or
password. You may not use another person’s
account at any time, without the express permission of
the account holder.
6
ACCEPTABLE USE
6.1 You
acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations
and other materials ("the Content"), whether
posted publicly or transmitted privately, are the sole
responsibility of the person from whom such Content
originated. We do not control or endorse the
Content and cannot guarantee the accuracy, integrity or
quality of such Content and you acknowledge that by
using the Services you may be exposed to Content that is
offensive and/or indecent. Informed Choice Ltd will not be liable in any way for any Content or
for any loss or damage of any kind resulting from the
use of any Content transmitted via the Services and you
agree to bear all risks associated with the use of any
Content, including any reliance on the accuracy or
completeness of such Content.
6.2
In using the Website/Services you agree not to:
6.2.1 use the Services to
send junk email, spam, chain letters, pyramid schemes or
any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish,
distribute or disseminate material or information that
is defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
6.2.3 post, publish,
distribute or disseminate material or information that
incites discrimination, hate or violence towards any
person or group on account of their race, religion,
disability, nationality or otherwise;
6.2.4 threaten, abuse,
disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
6.2.5 use any information or
material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any
party;
6.2.6 make available or
upload files that contain a virus, worm, trojan or
corrupt data that may damage the operation of the
computer or property of another;
6.2.7 collect or store
personal information about others, including email
addresses;
6.2.8 advertise or offer to
buy or sell goods or services for any commercial
purpose, unless such communication facility specifically
allows such messages;
6.2.9 impersonate any person
or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or
regulations;
6.2.11 use the Website/Services in any
manner that could damage, disable, overburden or impair
the Website/Services or interfere with any other
party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or
disseminate material or information that you do not have
a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information
or confidential information disclosed in the course of
employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised
access to any of the Services, other accounts, computer
systems or networks connected to the Website/Services
through hacking, password mining or any other means.
6.3 We have no
obligation to monitor the Services but shall be entitled
to review materials posted to a communications facility
and, at our sole discretion, to remove any material that
breaches these Terms and Conditions or is otherwise
objectionable.
7
TERMINATION
We have the right to
terminate your access to any or all of the Services at
any time, without notice, for any reason, including
without limitation, breach of these Terms and
Conditions. We may also at any time, at our sole
discretion, discontinue the Website/Services or any part
thereof without prior notice and you agree that we shall
not be liable to you or any third party for any
termination of your access to the Website/Services.
8
LINKS TO THIRD PARTY WEBSITES
The
Website/Services may include links to third party
websites that are controlled and maintained by others.
Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that Informed Choice Ltd
is not responsible for the content or
availability of any such sites.
9
INTERNATIONAL USE
You agree to comply with all applicable laws regarding
the transmission of technical data exported from the
United Kingdom or the country in which you reside (if
different) and with all local laws and rules regarding
acceptable use of and conduct on the Internet.
10
INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and
its content (including without limitation the Website
design, text, graphics and all software and source codes
connected with the Website and the Services) are
protected by copyright, trade marks, patents and other
intellectual property rights and laws. In
accessing the Website you agree that you will access the
contents solely for your personal, non-commercial use.
None of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright
holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal,
non-commercial home use only.
10.2 Informed Choice Ltd
does not claim ownership of any materials you
post, upload or submit to any publicly accessible area
of the Services. However, by doing so you are granting
us a world-wide, royalty free, non-exclusive licence to
copy, distribute, transmit, reproduce, publicly display,
edit, translate or publish such Content for as long as
you elect to display such Content via the Services.
The licence shall be terminated when such Content is
deleted from the Services.
11
INDEMNITY
You
agree to indemnify and hold Informed Choice Ltd harmless from and against any breach by you of these
Terms and Conditions and any claim or demand brought
against Informed Choice Ltd by any third party
arising out of your use of the Services and/or any
Content submitted, posted or transmitted through the
Services, including without limitation, all claims,
actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and
expenses) howsoever suffered or incurred by Informed Choice Ltd
in consequence of your breach of these
Terms and Conditions.
12
DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the
Website/Services is at your own risk. The
Website/Services are provided on an "AS IS"
and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty
of any kind whether express or implied, including but
not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
12.2 To the extent
permitted by law, Informed Choice Ltd will not be
liable for any indirect or consequential loss or damage
whatsoever (including without limitation loss of
business, opportunity, data, profits) arising out of or
in connection with the use of the Website/Services.
12.3 Informed Choice Ltd
makes no warranty that the Website/Services will
meet your requirements, that Content will be accurate or
reliable, that the functionality of the Website/Services
will be uninterrupted or error free, that defects will
be corrected or that the Website/Services or the server
that makes them available are free of viruses or
anything else which may be harmful or destructive.
12.4 Nothing in these
Terms and Conditions shall be construed so as to exclude
or limit the liability of Informed Choice Ltd for
death or personal injury as a result of the negligence
of Informed Choice Ltd.
12.5 Nothing in these
Terms and Conditions shall affect your statutory rights
as a consumer.
13
SEVERANCE
If
any of these Terms and Conditions should be determined
to be invalid, illegal or unenforceable for any reason
by any court of competent jurisdiction then such Term or
Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and
effect and continue to be binding and enforceable.
14
GOVERNING LAW
These
Terms and Conditions shall be governed by and construed
in accordance with the law of England and you hereby
submit to the exclusive jurisdiction of the English
courts.
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