Terms and Conditions
These User Terms
1.1 In accordance with the following user terms ('User Terms'), MARKETFORCE (UK) LTD grants you as an authorised user ('Authorised User' or 'you') of this MARKETFORCE (UK) LTD web site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 6 - Your Responsibilities
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
1.4 You further acknowledge that MARKETFORCE (UK) LTD is not responsible or liable directly or indirectly for any change or loss whatsoever and howsoever arising or resulting from your use of or reliance on any consent, material or goods or services available through, on or from any Merchant or Merchant's web sites. It is important that you check the privacy policy, terms and conditions of use and content of any website and/or Merchant's information accessible to you from this web site
2. Licence to Use Material on Web Site
2.1 MARKETFORCE (UK) LTD grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('MARKETFORCE (UK) LTD Material') on the basis set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the MARKETFORCE (UK) LTD Material for your own personal, non-commercial use provided that you do not:
. remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the MARKETFORCE (UK) LTD Material;
. modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the MARKETFORCE (UK) LTD Material;
. rent, lease, sub-licence, loan, copy or give or transfer any rights in the MARKETFORCE (UK) LTD Material in any form, to any person or entity without the prior written consent of MARKETFORCE (UK) LTD.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, MARKETFORCE (UK) LTD, or MARKETFORCE (UK) LTD's suppliers, subcontractors and agents (collectively 'MARKETFORCE (UK) LTD Contractors') (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the MARKETFORCE (UK) LTD Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights').
3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Web Site or in using any of the Web Site Services ("User Generated Content") may be retained as the property of MARKETFORCE (UK) LTD. MARKETFORCE (UK) LTD shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until:
. MARKETFORCE (UK) LTD terminates these User Terms by notice to you at any time in accordance with Clause 9.2.
4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
. the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the MARKETFORCE (UK) LTD Material;
. you must delete or destroy any of the MARKETFORCE (UK) LTD Material stored by you in electronic or hard copy form as soon as reasonably practicable;
. you will have no further rights to access or use the Web Site or the Web Site Services.
5. MARKETFORCE (UK) LTD's Responsibilities
5.1 MARKETFORCE (UK) LTD undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 MARKETFORCE (UK) LTD makes no representation or warranty that the Web Site or services offered via the Web Site [(i.e. bulletin boards, chat (except any Merchandise made available by Merchants via links to this Web Site, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.4)) ('Web Site Services') will be accessible, or useable by you or error free.
5.3 MARKETFORCE (UK) LTD takes no liability for any failure or interruption of the Web Site or any inability to access or use the Web Site or any features, products or services on the Web Site.
5.4 MARKETFORCE (UK) LTD reserves the right, without notice to you, to remove any MARKETFORCE (UK) LTD Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. MARKETFORCE (UK) LTD will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you will use this Web Site in a lawful manner that is consistent with all applicable laws and regulations.
6.2 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/ or password. All such information will be considered sent and authorised by you. You agree that you will not use the Web Site or any of the Web Site Services as follows:
. to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
. to send or distribute multiple unsolicited emails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry;
. for any purposes connected to any business, including sending any unsolicited advertisements or promotional material;
. to use or attempt to use any software, engine, or any other means to navigate or search this Web Site other than the navigation tools and search facilities available on this Web Site and general third party browsers;
. to carry out any activities in relation to "screen scraping" or "database scraping" to obtain lists of users, URLs, Internet Keywords or other information;
. to access the Web Site by any means other than through the interface that is provided by MARKETFORCE (UK) LTD for use in accessing the Web Site;
. to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Web Site;
. to do anything which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;
. to interfere with or disrupt the Web Site and/or Web Site Services or servers or networks connected to the Web Site or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
. or to collect or store personal data about other users of this Web Site whether or not for commercial purpose without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual. Processing of personal data is regulated by the Data Protection Act 1998 in the United Kingdom.
6.3 You agree to indemnify MARKETFORCE (UK) LTD against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, MARKETFORCE (UK) LTD shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by MARKETFORCE (UK) LTD forthwith, without notice to you.
7. Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act 1998 (the "Act"), you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to MARKETFORCE (UK) LTD or MARKETFORCE (UK) LTD Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to MARKETFORCE (UK) LTD or MARKETFORCE (UK) LTD Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected MARKETFORCE (UK) LTD web sites.
7.2 For the purposes of the Act, you further agree that MARKETFORCE (UK) LTD or an MARKETFORCE (UK) LTD Contractor involved in the provision of the Web Site Services, may send your personal data outside of the European Economic Area.
7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to MARKETFORCE (UK) LTD in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
7.4 For more information about the purposes for which MARKETFORCE (UK) LTD may use your personal information and your rights under the Act, please read MARKETFORCE (UK) LTD's privacy policy displayed on this Web Site.
8. Limitation of Liability
8.1 MARKETFORCE (UK) LTD does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of MARKETFORCE (UK) LTD, its employees, or MARKETFORCE (UK) LTD Contractors, and the remainder of this Clause 8 shall not apply to such liability.
8.2 To the extent that MARKETFORCE (UK) LTD is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, MARKETFORCE (UK) LTD's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
8.3 MARKETFORCE (UK) LTD shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
. any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
. any loss of goodwill or reputation;
. any loss of data;
. or any special, indirect or consequential loss.
8.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
8.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than MARKETFORCE (UK) LTD. The links will let you leave the Web Site and MARKETFORCE (UK) LTD is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by MARKETFORCE (UK) LTD of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
9. Notices
9.1 You may send a notice to MARKETFORCE (UK) LTD, or any questions you may have concerning these User Terms by email to salesinnovation@marketforce.co.uk or by writing to Company Secretariat, Room 0820, Kings Reach Tower, Stamford Street, London. SE1 9LS. Such notices will be effective within three days of receipt.
9.2 MARKETFORCE (UK) LTD may send you notice by general notice on this Web Site, by email to your email address on record with MARKETFORCE (UK) LTD, or by post to the geographical address on record with MARKETFORCE (UK) LTD. Such notice will be effective if sent by email or posted on the Web Site, one day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective three days after posting by MARKETFORCE (UK) LTD.
11.General
11.1 These User Terms form the entire agreement between you and MARKETFORCE (UK) LTD and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.
11.2 MARKETFORCE (UK) LTD reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. MARKETFORCE (UK) LTD will provide as much notice as possible prior to making any changes to the User Terms on the Web Site, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Web Site or the Web Site Services following MARKETFORCE (UK) LTD's posting of such changes will be regarded by MARKETFORCE (UK) LTD as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
11.3 Nothing in these User Terms affects your statutory rights as a consumer.
11.4 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
11.5 You acknowledge that MARKETFORCE (UK) LTD has entered into these User Terms for its own benefit and for the benefit of each MARKETFORCE (UK) LTD Group Company (as defined in Clause 11.1 above) and these User Terms are intended to be enforceable by each MARKETFORCE (UK) LTD Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.6 Subject to Clause 11.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.7 If MARKETFORCE (UK) LTD or any MARKETFORCE (UK) LTD Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of MARKETFORCE (UK) LTD or the MARKETFORCE (UK) LTD Contractors, neither MARKETFORCE (UK) LTD nor any MARKETFORCE (UK) LTD Contractor will have any liability for that failure to perform.
11.8 Your use of the Internet is solely at your risk and subject to all applicable laws, and MARKETFORCE (UK) LTD has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
11.9 Unless otherwise specified on this Web Site, the MARKETFORCE (UK) LTD Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. MARKETFORCE (UK) LTD makes no representation that any MARKETFORCE (UK) LTD Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
11.10 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
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©MARKETFORCE (UK) LTD Privacy Policy
MARKETFORCE (UK) LTD Media Limited will use the information provided by you in the course of our dealing with you to process your requests and orders and in order to provide a more personalised web-surfing and shopping experience.
We may collect anonymous information about your use of this website from cookies and by the use of pixel tags. We may match this information with any other data you have given us for the purposes of fulfilling your orders and other requests, tailoring our site to help you, sending you appropriate marketing communications and maintaining our records. A cookie is a short piece of data which is sent from a web server to a web browser when that browser visits the server's site. Pixel tags are used to read cookies. Most browsers automatically accept cookies. You can set your browser options so that you will not receive cookies and you can also delete existing cookies from your browser. However some of the cookies sent to your browser will help us to save you time, for example by remembering your contact details when you are making an order for the second time - this means that you will not have to complete your contact details section again unless they have changed. In addition you may find that some parts of the site will not function properly if you refuse cookies.
We may share your information with other members of the Time Warner Group of companies, including certain offices in the United States for internal management and administration purposes. We may also share your information with certain reputable third parties in order to fulfil your order or request or in order to obtain professional advice. If you would like details of who these companies are, please write to Company Secretariat, Room 0820, King's Reach Tower, Stamford Street, London SE1 9LS.
It is possible that MARKETFORCE (UK) LTD Media could merge or be acquired by another business. If this happens, we may share the information that relates to you. You will be sent notice of such an event.
Please note that clicking on to links and banner advertisements may result in your transferral to another website, where data privacy practices may be different to that of MARKETFORCE (UK) LTD Media Limited. Visitors should consult the other website1s privacy policies as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.
This privacy policy may be changed by MARKETFORCE (UK) LTD at any time. The revised policy will be posted to this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it. MARKETFORCE (UK) LTD Media Limited will ensure that your personal information is treated with the utmost respect and in accordance with Directive 95/46/EC on the protection of individuals with regard to processing of personal data and on the free movement of such data.