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Terms and Conditions
(part of CERTAIN SHOPS LIMITED)
(last update 23 January 2010)
TERMS & CONDITIONS
The Company shall have no liability or responsibility for any damage or loss caused, directly or indirectly, by the provision of the Services, save for death or personal injury caused by the Company's negligence. In particular, the Company shall not be liable for any damage or loss suffered by you as a result of your use of the Services. The Company shall as part of the service at any time be entitled to contact you, via your Private Data registered, about any matter pertaining to your membership of the site. You hereby agree to indemnify the Company against all actions, claims, proceedings, costs and damages (including all legal costs or other expenses) arising out of any breach of this Contract by you and/or any other damage whatsoever caused directly or indirectly by your use of the Services. The Company may assign, sub-contract, licence or otherwise dispose of all or any of its rights and obligations under this agreement including your Private Data and may reveal details of the existence and contents of this Contract to any third party in connection with any proposed or actual assignment, sub-contract, licence or other disposal subject only to said third party agreeing to assume the same obligations of confidentiality as the Company has set out and agreed to above.
This Contract shall be governed and construed in accordance with English Law, and any proceedings arising out of or in connection with this Contract may be brought in any court of competent jurisdiction in England.
Please note we are exempt under Rule 6(1)a of the EU Regulations relating to distance selling and the refund of goods and services. This is due to the nature of our services, which become available for use immediately on subscribing, and make information available which cannot be 'returned' once it has been accessed by consumers. We therefore do not give refunds for any reason, although in exceptional circumstances you are welcome to contact the company where requests will be considered on an individual basis. Please note in the event of a refund being granted an administration charge of 25% of the transaction cost will always be deducted.
We may modify these Conditions or the way in which the SOS Village service operates at any time. The information on the Website may be updated and/or amended by us from time to time without prior notice.
In order to use the SOS Village services you must be at least 18 years of age. You are responsible for ensuring that no unauthorised access or use of this Website is obtained through your password and you will be liable to indemnify us for all damages suffered by us arising out of or in connection with the use or loss of any passwords.
In order to maintain the highest levels of security and confidentiality for communications passing between the Service Provider and Client, you agree that log-in password details will not be disclosed to any third party without our prior written consent, and that all communications and materials received from your Service Provider or through this site will remain confidential and shall not be disclosed to another party unless the express prior written consent of the disclosing party has been obtained. In addition, all parties agree to comply with all applicable laws and regulations relating to Data Protection.
This Website contains information and other material ("Content") in relation to which the copyright and all other intellectual property rights are owned or licensed by us unless specifically credited otherwise. You agree not to copy, modify, transmit, distribute, publish, broadcast, or create any derivative work from such Content. You further agree to indemnify, defend and hold us harmless against all losses, costs and damages arising out of or in connection with any misuse of the Content. No part of this Website may be reproduced in any form without our prior consent. Accordingly, none of the Content of this Website may be copied or otherwise incorporated into or stored in any other Website, electronic retrieval system, publication or other work in any form without our prior consent. For the avoidance of doubt, framing of this site or any part of it is not permitted without express permission.
You agree to use this Website only for lawful purposes and in a manner which does not infringe the rights of or inhibits the use of the Website by any third parties.
You further agree that you release SOS Village or Certain Shops Ltd from claims and demands of every kind and nature known and unknown both now and in the future arising out of or in any way connected with disputes with any other user or third party
We are entitled, at our sole discretion (but not obliged), to remove any material from this Website which we consider to breach this Agreement or to be unlawful or offensive and reserve the right to do so without giving any prior notice.
Whilst we make reasonable efforts to ensure the accuracy of all information, we do not warrant that the information available on the Website is accurate, given that the information is or may be derived from a number of third party sources whose information is relied upon in good faith and which cannot be independently verified. Similarly, we do not make any representations or warranties with regard to any information and/or advice supplied by Service Providers. Any views or comments of third parties posted on the Website do not necessarily represent our opinion or position. We accept no responsibility or legal liability for any advice and/or information posted on this Website by others nor with regard to any advice and/or information provided by Service Providers to Clients. Our disclaimer of all warranties includes all implied warranties of satisfactory quality and/or fitness for purpose.
This Website may contain links to third party websites which are not controlled or operated by us. Such links are provided for your convenience only, we are not responsible for their content and we do not monitor or endorse the material on them. If you decide to access linked third party Websites, you do so at your own risk and we make no warranty or representation with regard to the accuracy or otherwise of any information contained on the third party Website.
Apart from liability for death or personal injury, in no event shall we or any Service Provider be legally liable to you in respect of any direct, indirect or consequential loss or damage suffered by you arising out of or in connection with your using the services of our Service Providers or your use of the Website (including, but not limited to, any loss of data, profit, revenue or business however caused and whether arising out of any negligence or breach of this Agreement, even if such damage was foreseeable or was brought to our attention or arose in your normal course of business).
We make no warranty that the Website (or any linked Website) is free from computer viruses or similar harmful programs.
You agree to indemnify, defend and hold us (and any Service Provider or Client, if appropriate) harmless against all liabilities, claims, costs and/or expenses incurred by us arising out of or in connection with any misuse by you of the Website or breach of this Agreement.
Any delay or failure by us to rely upon legal rights granted by this Agreement shall not prevent us from invoking them against you at a later date.
Your access and use of the Website and your participation in using this site is conditional upon your agreement that all matters and/or issues arising out of or in connection with this Agreement shall be governed by and construed in accordance with English law and your submission to the exclusive jurisdiction of the English Courts.