2. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct
and ensure that any content uploaded or distributed or stored by you does not
infringe the rights of others.
All material on the Websites and any material sent to you by e-mail or any other
form from the Websites (the "content") or in any way relating to the
Websites belongs to our licensors or us. You may retrieve and display content
from the Websites on the Electronic Device on which you first accessed it or
downloaded it, print a single copy of individual pages on paper and store such
pages for caching purposes only, all for your personal and non-commercial use
alone.
We, or our licensors, own the copyright and all other intellectual property
rights associated with the content, save where otherwise stated.
You may not do any of the following without prior written permission
from us:
# reproduce the content (other than allowed under this Acceptable Use Policy),
or modify or in any way commercially exploit any of the content;
# redistribute any of the content (including using it as part of any library,
archive or similar service);
# remove the copyright or trade mark notice(s) from any copies of content made
in accordance with these Terms and Conditions;
# create a database in electronic or structured manual form by systematically
downloading and storing all and any of the content. Requests to republish, redistribute
or syndicate content should be addressed to: enquiries@m3i.co.uk.
You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. Other product and company names and logos mentioned or displayed in the Websites may be the trade marks, service marks or trading names of third parties. To check whether any product or service is a registered trade mark of ours please contact: trademarks@m3i.co.uk.
In accessing the Websites, or any one of them, you agree not
to:
# impersonate another person or use a false name or a name you are unauthorised
to use or create a false identity or e-mail address or try to mislead others
as to the identity or origin of any communications;
# modify, access or make available data stored on a computer device which you
have accessed through our network (unless otherwise permitted by the Website
or these Terms and Conditions);
# make available or upload files that contain software or other material, data
or information not owned or licensed to you or collect information about others
(eg names/addresses) without their prior consent;
# damage, interfere with or disrupt access to the Websites or do anything which
may interrupt or impair their functionality;
# make any commercial or business use of the Websites or resell or commercially
benefit from any part or aspect of the Websites;
# publish, post, distribute, disseminate or otherwise transmit defamatory, offensive,
infringing, obscene, indecent or other unlawful or objectionable material or
information;
# threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including
rights of privacy and publicity) of others;
# make available, upload or distribute by any means any material or files that
contain any viruses, bugs, corrupt data, "trojan horses", "worms"
or any other harmful software;
# falsify the true ownership of software or other material or information contained
in files made available via the Websites;
# obtain or attempt to obtain unauthorised access, through whatever means, to
the Websites, other services or computer systems or areas of our or any of our
partners' networks;
# set up links from any website controlled by you to any Micro Site, except
to the home page of a particular Website, without our express written permission.
We retain the absolute right to prevent you from accessing the Websites, without
prejudice to any of our accrued rights, where we in our reasonable discretion
consider that you are contravening our Acceptable Use Policy or any other term
or condition of these Terms and Conditions, and we have informed you of your
contravention or breach.
3. Registration
Where any of the Websites (or Micro Sites on any of the Websites) require that
you register in order to use them, you are obliged to provide accurate and complete
registration information. It is your responsibility to update and maintain any
changes to that information (including your e-mail address) by altering your
details as appropriate.
Registration is for a single user only. On registration, where required you
must choose a user name and password. We do not allow any of the following:
# any other person sharing your user name and password or pin number;
# access through a single user name and password or pin number being made available
to multiple users on a network.
We will not be liable for any unauthorised transactions made using your user name, pin number or password.When you register to use a Website (or a Micro Site on any of the Websites), you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms and Conditions. You will not be allowed to register unless you indicate your acceptance of these Terms and Conditions and any other terms and conditions that may apply.
4. Jurisdiction
It is your responsibility to ensure that your use of the Websites is not contrary
to the laws of your country of residence.
5. Cancellation Rights
If you purchase any other service from the Website from a M3i Limited company,
you will not be entitled to cancel that service once you have started to receive
the service.
If you have subscribed to a Website, or any service offered by an M3i Limited company via the Website, no refunds will be payable on any subscription payments arising out of your cancellation of the subscription. Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party.
6. Payment
# Where any goods or services offered via the Websites requires payment: It
is your responsibility to ensure that your Electronic Device has the necessary
technical specification to receive or use any content purchased from the Websites.
# All amounts payable must be paid in full in pounds sterling (unless otherwise
indicated) without any deductions or set offs
# If any payment is not paid on time, your payment is rejected or refused (including
if you do not have sufficient credit in your prepaid mobile phone account) or
you default in payment, the amount owing will be treated as overdue and we will
be entitled immediately to cease or suspend the provision of the relevant service
to you until payment has been received, or your credit topped up.
# You must be the bill payer of the particular method of payment that you use
to pay for any service, or alternatively you must get the prior permission of
the bill payerYou are also responsible for any charges charged by a mobile phone
network operator or internet operator. These charges may not be in addition
to the price of the service. Those additional charges are outside our control,
and we will not be responsible for refunding them to you.
7. E-mail Policy
We reserve the right to take such action as we in our sole discretion deem fit
in respect of any electronic mail ("e-mail") which contains threatening,
abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or
inappropriate material. Unless you indicate to the contrary, all e-mails received
by us from you are deemed to have been submitted, where appropriate, for reproduction,
free of charge. If we decide to reproduce an e-mail from you on any of the Websites
or other material we will incur no liability to you by doing so. We will not
disclose any personal information under any circumstances of any of our staff.
Where appropriate we will endeavour to respond to e-mails within 3 days of receipt,
but give no warranty that we will respond to any e-mail sent to us.
8. Our Liability
You agree that we have no control over third party content and information which
can be accessed using the Websites and that we do not examine or edit the use
to which you or others put the Websites or the nature of the content or information
being accessed and that we are excluded from all liability of any kind arising
from such third party content or information. This applies to advertisements
as well as websites offering goods or service.
Except for death or personal injury caused by negligent acts or omissions, we
shall only be liable to you for any loss or damage arising from your use of
the Websites which is a reasonably foreseeable consequence of a breach by us
of these Terms and Conditions. We will also not be liable to you for any damages
in excess of £40, or if higher, the amount of any fees you have paid us
for access to the Websites. We will not be liable for any loss or damage caused
by us or our employees or agents in circumstances where:
(i) we are not at fault for the errors or inaccuracies; or
(ii) the loss or damage is not foreseeable to both of us at the time of your
initial acceptance of these Terms and Conditions; or
(iii) the loss or damage is a business loss or the losses were caused in the
course of business, including losses relating to lost data, lost profits or
business interruption.
We cannot and do not accept any responsibility for the computer equipment and
telephone services which you use to access the Websites, or for the security
of the same. You will be responsible for the security of your own computer system,
and the transfer of any information from your computer system. We also cannot
and do not accept responsibility for the loss or corruption of any material
in transit, or the loss of or corruption of any material when downloaded onto
any computer systems.
Where we are liable to you for any loss or damages, we will not be liable for
any increase in loss or damage resulting from a breach by you of any term of
these Terms and Conditions.
We reserve the right to remove any information/material we deem
to be in breach of any of these Terms and Conditions without notice, and without
prejudice to any other accrued rights, and/or to make available such information/material
when required to do so by law or when requested to do so by regulatory bodies
or law enforcement organisations.
Any goods or services purchased or obtained or offered to you through use of
the Websites, whether accessed directly or otherwise, are provided subject to
the terms and conditions of the supplier of those goods or services. As such,
unless otherwise stated, we make no warranty whatsoever in relation to those
goods or services. We provide the Websites on an "as is" basis and
make no representations or warranties of any kind as to the Websites or the
content. We make no representations or warranties about the accuracy, completeness
or suitability for any purpose of the content published on the Websites. Any
liability, however it occurs, for any such inaccuracies or errors is expressly
excluded to the fullest extent permitted by law.
9. Indemnity
You agree to indemnify and hold us and any of our officers, employees and agents
harmless from and against all and any expenses, losses, liabilities, damages,
costs or expenses incurred or suffered and any claims or legal proceedings which
are brought or threatened, in each case arising from your use of, or conduct
on, the Websites and/or a breach of the Acceptable Use Policy and/or any of
these Terms and Conditions.
10. Software and Security
We are not responsible for any technical or other issues that may arise if you
download software from an external third party website (eg Acrobat Reader) or
upgrade your browser software to enhance your usage of the Websites.
11. Changes to These Terms and Conditions
We reserve the right to make changes to any part of the Websites. Due to our
policy of updating and improving the Websites, it may therefore be necessary
to change these Terms and Conditions. If we do change the terms of these Terms
and Conditions, we will update the date at the top of this page.
If you use any of the Websites after we have published such changes, you will
be agreeing to be bound by those changes. If you do not agree to be bound by
them, you should not use the Websites.
12. Advertising and Sponsorship
The Websites may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on the Websites
complies with applicable laws, codes and regulations. We exclude to the fullest
extent permitted by law any responsibility for any error or inaccuracy appearing
in any advertising or sponsorship material. Please refer to our data protection
notice at: “www.nidp.com” in relation to the use of cookies in connection
with the targeting of potential advertisers.
13. Competitions, Prize Draw, and Chargeable Content
We may from time to time run competitions, free prize draws and/or other promotions
on the Websites and may offer content the access to and use of which, incurs
a charge. These will be subject to additional terms and conditions that will
be made known to you at the relevant time.
14. Termination
# We may terminate the provision of any of the Websites or restrict your access
to them without any prior notice to you where (by way of example and without
limitation): there is a regulatory or statutory change limiting our ability
to provide a Website;
# any event beyond our reasonable control prevents us from continuing to provide
a Website (for example, without limitation, technical difficulties, capacity
problems and communications failures); or
# we consider in our reasonable discretion that you are abusing the services
provided by a Website or are otherwise acting in breach of these Terms and Conditions
and we have notified you of the abuse or breach.
15. Additional Services
From time to time we may provide games or other content for your downloading.
However, the download time may vary considerably between the types of content
and you agree that you are wholly liable and responsible for any telephone call
and/or other charges incurred in downloading the same. However, we will use
reasonable endeavours to notify you of the size/amount of the file/data and
the likely download time for your information.
16. E-commerce
Your dealings with any third parties, in particular advertisers and/or merchants,
via the Websites, and any terms or conditions agreed with, or representations
given by, such third parties, are solely between you and such third party. You
agree that we are not liable for such dealings, and that you will be liable
for any costs or damages that we incur, as set out in clause 9 above in relation
to such dealings.
17. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance
with English law and you irrevocably agree that the courts of England shall
(subject to the paragraph below) have exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with, these Terms and Conditions.
We shall retain the right to bring proceedings as to the substance of the matter
in any court or courts including, if appropriate, in the courts of your country
of residence or, where these Terms and Conditions are entered into in the course
of your trade or profession, the country of your principal place of business.
18. General
You may not assign, sub-license or otherwise transfer any of your rights under
these Terms and Conditions without our agreement, which will not be refused
without good reason. If any part of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction the validity of the remaining
terms will be unaffected. If either party does not exercise any right or remedy
under these Terms and Conditions, this will not be taken to mean that they have
been waived.
19. Contact
If you have any queries concerning any part of these Terms and Conditions please
contact us:
# by email, using the address below for the Website to which your query relates:
# custserv@m3i.co.uk
# by post, using the address below, and stating clearly the Website to which
your query relates:
82 High Road
Byfleet
Surrey
KT14 7QW
20. Information Management
We will use any personal data collected during your use of the Websites in accordance
with current UK data protection legislation and the data protection notice we
provide to you when you give us your personal information. You may view our
data protection notice at www.nidp.com.
Cookies
# When you visit one of our Websites, we may send you a cookie. A cookie is
a small file that can be placed on your computer’s hard disc for record
keeping purposes and we may use them to do a number of things: Cookies help
us to recognise you when you next visit one of our Websites and note the advertisements
displayed to you. This allows us to tailor the advertisements we provide to
your preferences. We may use the services of third party ad servers for this
purpose.
# Cookies may be used to compile anonymous statistics related to the take up
or use of services, or to patterns of browsing. A third party collects such
data on our behalf to measure the performance of the Websites. Information collected
is aggregated for reporting purposes. No personally identifiable information
is collected by this service. The use of this service assists us in measuring
and improving the structure and ease of use of our Websites. You are not obliged
to accept cookies and may modify your browser so that it will not accept cookies.
Click here www.nidp.com/cookie.html for instructions on how to disable cookies.
Please be aware that if you do so, certain services on the Websites may not
be available to you.
Children's Privacy
The safety of children is very important to us. Whilst we will make every reasonable
effort to ensure that children's privacy and other rights are not compromised,
it is ultimately the responsibility of parents to monitor their children's Internet
usage.
Security
We take every precaution to protect your personal information. When we ask you
to submit financial information, such as your credit card number, we use industry
standard technology for secure commerce transactions. It encrypts data, including
your credit card number. Most banks or credit card providers either cover all
charges resulting from unauthorised use of your credit card or limit your liability
to a maximum amount. Refer to your credit card agreement to check your coverage
for liability. You are also advised to check your coverage for liability for
unauthorised use of other cards such as debit cards.
In addition, we have strict security protocols in place to protect our customer
database, and only allow access to it when absolutely necessary, and then under
strict guidelines as to what use may be made of such details.
What else you should know about Privacy
Remember to close your browser when you have finished your user session. This
is to ensure that others cannot access your personal information and correspondence
if you share a computer with someone else or are using a computer in a public
place like a library or Internet cafe. You as an individual are responsible
for the security of, and access to, your own computer. Please be aware that
whenever you voluntarily disclose personal information over the Internet that
this information can be collected and used by others. In short, if you post
personal information in publicly accessible online forums, you may receive unsolicited
messages from other parties in return. Ultimately, you are solely responsible
for maintaining the secrecy of your usernames and passwords and any account
information. Please be careful and responsible whenever you are using the Internet.
Our Websites may contain links to other websites, and you should be aware that
we are not responsible for the privacy practices on other websites.