This document governs the relationship between you and Energizer Group Ltd when you use our online services.
Terms of service
We provide our service to you subject to the following terms and conditions. You must read the terms and conditions of this contract before using the Service. By using the Service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any applicable guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, do not use the Service.
"Contract" means this agreement;
"Information" means all material delivered by us through the Website;
"Registration Form" means the form you must complete in order to receive newsletters, participate in any Energizer Group Ltd online competitions and/or register for any other reason;
"Registration Information" means all personally identifiable information collected by us when a user registers on the Website and/or participates in any Energizer Group Limited online competition and/or registers for any other reason;
"Service" means the provision by us to you of access to the Information through this Website;
"we", "us", "our" means Energizer Group Ltd, Sword House, Totteridge Road, High Wycombe, Bucks HP13 6DG;
"Website" means the website situated at www.hawaiian-tropic.co.uk;
"you", "your", "yourself", means you, the Service end-user.
2 Disclaimer of warranties
The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose, all of which are hereby excluded to the maximum extent permitted by law.
You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
3 Limitation of liability
You agree that, except for death and personal injury arising from our negligence, or any other liability which cannot be excluded or limited by law, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or Website [or any other website linked to the website], including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
4 Rights granted/ rights reserved
We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one computer hard drive for such purpose. The Information may not be used for any other purpose including, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information, except to the extent permitted under applicable law.
5 User conduct
We provide the Service to you solely for your, personal, private use. You undertake not to use the Service:
- for any unlawful purpose;
- in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
- in any way that may damage or disrupt another user's computer;
- for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
- to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
- as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
- in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);
- to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
- to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an Energizer Group Ltd employee, manager, host or another user; or
- to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.
However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
You acknowledge that we do not monitor or preview any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.
You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.
7 Intellectual property
You acknowledge that all copyright, trade marks and all other intellectual property rights in the service shall remain vested in us or our licensors and nothing in this agreement shall have the effect of transferring the ownership of such intellectual property rights to you.
8 Suspension and termination
We shall have the right to immediately terminate this contract and/or suspend your access to the service if you commit a breach of these terms and conditions.
When entering a specific competition we will alert you to any particular rules and/or restrictions applicable to that competition, please ensure that you read these before participating.
10 User privacy
11 Changes to the terms and conditions and the service
We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this contract has been changed. If you do not agree to any change in the terms and conditions of this contract then you must immediately stop using the service. We also reserve the right to change and update the service from time to time.
Each provision of this contract excluding or limiting liability shall be construed 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 and shall remain in force notwithstanding the termination of this contract unless otherwise stipulated under applicable law.
13 No waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
14 Choice of law and jurisdiction
This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.
These Terms and Conditions were last updated 18.05.2011.