A. SCOPE AND APPLICABILITY
B. USE OF THIS SITE
4. You may use (and, in specified instances where applicable, download) the Services, this Site, and the information, writings, images, software and/or other works that you see, hear or otherwise experience on this Site (singly or collectively, the “Content”) solely for your noncommercial and personal purposes and/or to learn about us, and our products and services.
C. REGISTRATION, PASSWORD, SECURITY AND COOKIES
6. If any portion of this Site requires you to register or open an account, you must provide us with accurate, complete and updated registration information. You may also be asked to choose a login name and a password. Please select a password that would not be obvious to someone trying to guess your password.
7. You agree that you will not disclose to any person your password and that you will not permit or authorise any person to use your login name or password for any purpose whatsoever.
8. We may treat any access to or use of this Site at any time by the use of your login name and password as access to or use of this Site by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
9. You agree that upon your learning that any person has acquired knowledge of your password or has used your password to access or use this Site or effect any transaction (whether with or without your knowledge and consent), you will:
(a) immediately notify us thereof;
(b) at our request, make a police report thereof;
(c) provide us with any other information relating thereto as we may require; and
(d) immediately change the password.
D. LINKING TO THIS SITE
11. You are granted a limited, revocable and non-exclusive right to create a hyperlink to our home page so long as you do not portray this Site or us in a false, defamatory, derogatory or offensive manner. However, unless you are specifically permitted by us in writing to do so, you are not to mirror, frame or utilise framing techniques on this Site, the Services or the Content, or connect “deep links” to this Site (i.e. create links to this Site that bypass the home page or other parts of this Site).
E. OWNERSHIP AND INTELLECTUAL PROPERTY
12. For the avoidance of doubt, no right, title or interest in any Content is transferred to you, whether as a result of your downloading such Content or otherwise. Please be aware that all Content is our property and/or the property of our content providers and/or any other third party licensors and is protected by applicable copyright laws. All rights are hereby reserved.
F. SOFTWARE DOWNLOADS
14. Any software available for download via this Site is our copyrighted work and/or that of our licensors. Use of such software is governed by the terms of the end-user licence agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of and agreement to be legally bound by the terms of the end-user licence agreement.
G. DISCLAIMER OF WARRANTIES
15. Please be aware that this Site, the Services and the Content (including for this purpose, any information on, about or from third parties or relating to third party products and services) and any software made available on this Site are provided on “as is” and on an “as available” basis, in respect of which we make no express or implied representations, warranties or endorsements whatsoever. You assume total responsibility and risk for your use of this Site. We also expressly disclaim all and any representations and warranties (whether express or implied by law) to the extent permitted by law, including implied warranties of accuracy, compatibility, completeness, fitness for any particular purpose, merchantability, noninfringement, satisfactory quality, security and title, with regard to this Site, the Services, the Content, and any product or service furnished or to be furnished via this Site. Any content downloaded, uploaded or otherwise obtained through the use of this Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through this Site or on the internet generally.
16. We do not warrant that (a) the functions performed by this Site or the Services will be uninterrupted, timely, secure or error-free, or (b) that errors or defects in this Site or the Services, if any, will be corrected, or (c) this Site or our server that makes it available will be free of viruses or bugs, or (d) the results that may be obtained from the use of this Site will be accurate or reliable, or (e) the quality of any products, services, information, or other material purchased or obtained by you through this Site will meet your expectations. Neither can we guarantee or warrant that any files or software available for downloading through this Site will be free of infection by software viruses or other harmful or invasive computer codes, files or programmes.
H. LIMITATION OF LIABILITY
17. Under no circumstances will we be liable for nor will we assume any legal liability or responsibility for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise, and regardless of the form or cause of action):
(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties;
(g) any indirect, consequential, special or exemplary damages,
arising from (and irrespective of whether we have been advised of such possibility or occurrence):
(i) the use of or inability to use this Site, the Services, or the Content;
(ii) any transaction conducted through or facilitated by this Site;
(iii) any claim attributable to errors, omissions, or other inaccuracies in this Site, the Services or the Content;
(iv) unauthorised access to or alteration of your transmissions or data; or (v) any other matter relating to this Site, the Services or the Content.
I. LINKS TO THIRD PARTY WEBSITES
20. You understand and agree that you are personally responsible for your behaviour on this Site. You agree to indemnify, defend and hold harmless us, our parent companies, subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, agents, and any third-party information or content providers and any third party licensors to the Services, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and legal costs on an indemnity basis, resulting from or arising out of your use, misuse, or inability to use this Site, the Services, or the Content, or any breach or non-compliance by you of this Agreement, or from your use of software robots, spiders, crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
K. YOUR CONDUCT
21. You agree to use this Site only for lawful purposes and in a manner consistent with all applicable laws and regulations. You agree not to take any action that might compromise the security of this Site, render this Site inaccessible to others or otherwise cause damage to this Site, the Services or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use this Site in any manner that might interfere with the rights of third parties. You agree not to cause, nor allow others to cause, any nuisance, annoyance, or inconvenience, whether to us or any of our customers or other users of this Site by any means.
L. UNSOLICITED IDEAS AND SUBMISSIONS
22. We do not accept or consider unsolicited ideas and information. This includes ideas and information in respect of advertising campaigns, marketing strategies, products, technologies, services, processes, materials, or product names. This policy is necessary to avoid misunderstandings should our business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us.
Notwithstanding our policy with regarded to unsolicited ideas and information, if you send us any inquiries, feedback, suggestions, ideas, material, information or data (collectively, “Submissions”):
(a) you warrant, represent and undertake that you have the unencumbered legal right to post the Submission and that it will not infringe or violate any applicable laws or the rights of any person or entity;
(b) you warrant, represent and undertake that your Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”;
(c) your Submissions will automatically become our property, without any payment or compensation to you;
(d) we will have no obligation to return your Submission to you or respond to you in any way;
(e) we will have no obligation to keep your Submission confidential;
(f) you grant us a royalty-free, irrevocable, perpetual, transferable, fully sub-licensable, worldwide right to use, reproduce, modify, adapt, publish, sell, assign, translate, distribute, create derivative works, and distribute and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, without any restriction whatsoever or any responsibilities to you; and
(g) you agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
M. ENTIRE AGREEMENT / NO WAIVER
O. BENEFIT OF THIS AGREEMENT
P. CHOICE OF LAW AND JURISDICTION