CHALLENGER MOBILE COMMUNICATIONS LIMITED (“CHALLENGER”)
Any use by you of the website www.challenger-mobile.co.uk (the ¨Site¨) is conditional upon your acceptance of these Terms & Conditions. Your use of the Site indicates that you accept these Terms & Conditions, regardless of whether or not you choose to register with us. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. Any such amendments shall come into effect immediately once posted, therefore it is your responsibility to periodically review this page. Your continued use of the Site will be deemed acceptance of any such amended Terms & Conditions.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY CHALLENGER MOBILE COMMUNICATIONS LIMITED (THE ¨COMPANY¨).
1.1 You are permitted to print and download extracts from the Site solely for your lawful, personal, non—commercial use on the following basis:
(a) no text, documents, graphics or other content on the Site are modified in any way;
(b) no graphics on the Site are used separately from accompanying text; and
(c) the Company’s copyright notice and this permission notice appear in all copies.
1.2 Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the Site (including, without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors. For the purposes of these Terms & Conditions, any use of extracts from the Site other than in accordance with paragraph 1.1 above for any purpose is prohibited. For the avoidance of doubt, you agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by the Company or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content. If you breach any of these Terms & Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
1.3 The Company is the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant to you any right, title, interest or licence to any such intellectual property accessed on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
1.4 Subject to paragraph 1.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
1.5 Any rights not expressly granted in these Terms & Conditions are reserved.
2.1 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
3.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Site will be considered non—confidential and non—proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non—commercial purposes.
3.2 You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
(d) which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You may not misuse the Site (including, without limitation, by hacking it).
3.4 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 or 3.3.
4.1 Any links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does 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 Site, you do so entirely at your own risk.
4.2 If you would like to link to the Site, you may only do so on the basis that you link to (but do not replicate) the home page of the Site, subject also to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Company logo;
(b) you do not create a frame or any other browser or border environment around the Site;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Company trade marks displayed on the Site without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 The Company expressly reserves the right to revoke the right granted in paragraph 4.2 for breach of these Terms & Conditions and to take any further action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2.
5.1 Each registration is for a single user (which may be either an individual or company) only. The Company reserves the right to make it impermissible for you to share your user name and password with any other person or with multiple users on a network.
5.2 Responsibility for the security of any passwords issued rests with you.
When you visit the Site or send emails to the Company (for example, emails to Customer Service) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
In addition to paragraph 4.4, you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third party rights (including, without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.
8.1 While the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products, services and prices described in it, at any time without notice. The material on the Site may be out of date and the Company makes no commitment to update such material.
8.2 The material on the Site is provided ’as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have an effect in relation to the Site.
9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and any other of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence) contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site.
9.2 Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
These Terms & Conditions, including the Privacy Policy, constitute the entire agreement between you and the Company in relation to its subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever. The failure by the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, you and the Company nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts.
