Website Terms and Conditions
IMPORTANT LEGAL NOTICE
PLEASE READ THIS NOTICE CAREFULLY BEFORE USING THIS WEBSITE. IT REGULATES YOUR USE OF THIS WEBSITE AND ALL MATERIAL WITHIN IT.
Last updated: 31 August 2016
These Website Terms and Conditions apply to your use of the M&S Energy Fund website at www.mandsenergyfund.com ("Website") and to any application, vote or other content you submit or upload on to this Website. These Website Terms and Conditions apply regardless of how you access this Website, including any technologies or devices by which M&S makes this Website available to you at home, on the move or in store. You must read these Website Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, submitting an application or vote or uploading any content on to, this Website, you confirm that you have read, understood and agree to these Website Terms and Conditions in their entirety. If you do not agree to these Website Terms and Conditions in their entirety, please do not use this Website.
1. Information about Marks and Spencer
This Website is owned by Marks and Spencer plc a company registered in England and Wales (company registration number 214436) whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW. Our registered VAT number is 232 128892. Unless we say otherwise, we use the terms "M&S", "Marks & Spencer", "we" and "us" on this Website to refer to Marks and Spencer plc throughout these Website Terms and Conditions.
This Website is operated by KEO Energyshare Limited a company registered in England and Wales (company registration number 7663081) whose registered office is at First & Second Floor, 11 Cliff Road, Newquay, Cornwall, TR7 2NE.
2. Your use of this Website
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of this Website.
You may not, without our prior written consent or in accordance with section 8 (Links to other websites) below, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on this Website or the computer codes or elements comprising this Website other than solely for your own personal or internal business use. You may not use the content of this Website for any commercial purposes whatsoever.
3. Use of this Website from outside Great Britain
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Marks & Spencer's energy fund competition which is available in Great Britain only. Those who choose to access this Website from locations outside Great Britain are not permitted to submit an application or vote on this Website.
4. Ownership of rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to M&S.
Your use of this Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in this Website or its contents.
5. Guidelines for video posts and comments
Please read and understand the below before posting, uploading, submitting or otherwise providing any user generated content, including all applications, votes, comments, blogs, feedback, videos, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to M&S on or through this Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) on this Website or social media sites.
(a) Ownership of Submissions
By submitting Submissions (other than your personal data), you confirm that you have the right to use the same and grant us a right to use such Submissions at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such Submissions from this Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to this Website.
(b) Social networking sites
(c) Intellectual Property Rights
A disclosure, submission or offer of any Submissions and your agreement to these Website Terms and Conditions shall constitute an assignment to M&S of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to this Website, including questions, or to make contact with other users of this Website or to make Submissions on any M&S related third party website or page, you must comply with the content standards set out below and these Website Terms and Conditions.
Any third-party advertising on M&S pages of third party social networking sites are not the responsibility of, or endorsed by M&S. All rights, including copyright on M&S pages are owned by or licensed to M&S. Any use of any M&S social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of M&S. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others.
Any material you upload to this Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Submissions posted or uploaded by you to this Website or any M&S related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of this Website. We have the right to remove any Submissions you make on this Website if, in our opinion, such Submission does not comply with the content standards set out below.
(e) Rules for Submissions
Any Submissions must comply with the terms and conditions of the competition and the moderation guidelines.
You must be 18 years of age or older and registered to post a Submission and please be polite and only write in English.
(f) Submissions should not include:
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
- comments about other reviewers or bloggers;
- remarks that repeat criminal accusations, false, defamatory or misleading statements;
- material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
- spam or advertising;
- third party brand names or trade marks;
- HTML code, computer script or website URLs;
- availability, price or alternative ordering or delivery information;
- information about M&S suppliers or manufacturers; or
- anything else which does not meet the moderation guidelines.
M&S, in its absolute discretion, reserves the right to not publish the Submission or remove it or take any appropriate action if deemed necessary.
Please let us know if you see any Submissions which do not comply with our rules.
6. Accuracy of content
To the extent permitted by applicable law, M&S disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of M&S or any of its group companies.
7. Damage to your computer or other device
M&S uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use this Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, M&S shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this Website.
8. Links to other websites
We may have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites.
You may link to this Website from another website without our consent in writing if you:
- do not create frames or any other boarder around this Website;
- comply with all applicable laws and regulations on this Website or platform you are linking from; and
- do not imply that we endorse or are associated with your (or any other) website, product or service.
9. Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms and Conditions or your use of this Website.
We cannot guarantee that this Website will be:
- the same all the time. We may change, remove or add to this Website and the functions of this Website from time to time;
- compatible with all hardware and software (including browser software) which you may use; or
- available all the time or at any specific time.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Marks & Spencer shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
10. Other legal notices
There may be legal notices on other areas of this Website which relate to your use of this Website, all of which will, together with these Website Terms and Conditions govern your use of this Website.
11. Third party rights
Only you, M&S and KEO Energyshare Limited shall be entitled to enforce these Website Terms and Conditions. Except for KEO Energyshare Limited, no other third party shall be entitled to enforce any of these Website Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12. Entire Agreement
These Website Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
13. Law, jurisdiction and language
Any matter that arises out of your use of this Website (including any contract entered between you and us through this Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
14. Changes to these Website Terms and Conditions
We reserve the right to change and update these Website Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms and Conditions that apply to your use of this Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms and Conditions.