Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") apply to your use of the shop.priceterrier.com and www.priceterrier.com websites (the "Websites").

The Website is owned by ITV Consumer Limited ("ITV"). ITV is a company registered in England and Wales, whose registered number is 2937518 and whose registered address is at The London Television Centre, Upper Ground, London SE1 9LT; VAT Registration number: 197 0041 67.

The services available on the Website are provided by Yahoo! UK Limited ("Yahoo!"). Yahoo! is a company registered in England and Wales, whose registered number is 03244285 and whose registered address is at 125 Shaftsbury Avenue, London WC2H 84D; References in these Terms to "we", or "us" are references to ITV.

Your use of the Websites is subject to these Terms and the Yahoo! Terms which you can view at http://uk.docs.yahoo.com/info/terms.html. These Terms and/or the services provided may be changed from time to time without notice to you. You should review the Terms periodically for any changes and updates at: www.priceterrier.com/priceterrier/terms.phtml. We recommend that you read them carefully before using the Websites. Please print and store or save a copy of these Terms for your future reference. By accessing and continuing to use the Website, you agree to be legally bound by these Terms.

These Terms should be read alongside the Yahoo! privacy policy which contains information about the use of your personal data and other information regarding your privacy which can be located at: http://info.yahoo.com/privacy/uk/yahoo/

2. YOUR USE OF THE WEBSITE

By using the Website, you confirm that you are aged 18 or over and you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). If you do not agree to these Terms, or you are not aged 18 or over you must stop using the Website immediately. If you are under 18 years old, please get a parent's or guardian's permission before using our Website. Please be aware that certain areas accessible via the Website may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

ITV may also offer services from time to time that are governed by other terms and conditions, and you may be asked to agree to those other terms and conditions. In such cases the other terms and conditions will be posted on the relevant service to which they apply.

3. YOUR RIGHTS AND PROMISES

In accessing the Website and the material and/or content made available via the Website, you agree that you do so only for your own personal, non-commercial use. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.

You agree to comply with these Terms when using the Website and all applicable laws and regulations, together with any specific usage rules that may be posted on the Website in relation to any material and/and content that you access via the Website.

4. RESTRICTIONS ON USE OF THE SERVICE

The contents of the Website, webpages, computer codes of elements comprising the Website and any software provided to you via this service may not be copied, modified, redistributed, reproduced, communicated and/or made available to the public, republished, downloaded, posted, linked, framed or deep-linked on any other website, recorded, broadcast or transmitted or used or otherwise dealt with in any other way except for your own personal, private and non-commercial use, or unless otherwise expressly permitted by us in writing.

You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.

You will not do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or to penetrate or attempt to penetrate the Website security measures.

You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Website in breach of these Terms or from your violation of any applicable law or regulation.

You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.

We reserve the right to suspend, restrict or terminate your access to any, or all, of the Website at any time at our sole discretion.

We may also ban or suspend you as a user of the Website if you do not comply with these Terms.

5. CONTENT

You acknowledge that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Website.

You acknowledge that ITV have no obligation to monitor Content. ITV and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Website that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that the technical processing and transmission of the Website, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. ITV reserves the right to terminate your access to some or all parts of this Website if you withdraw your consent in this paragraph at any time.

The views expressed in any Content which is uploaded by you or other users of the Services on the Website do not reflect our views.

6. INTERNATIONAL USE

You agree to comply with all local laws, rules and regulations when using this service. In addition, you agree to comply with all applicable laws regarding the transmission of any technical data and/or information exported from the United Kingdom.

7. PIRACY

Certain of our services use security technology to protect the material and content made available on this Website. You may not attempt to, or assist, any other person to remove or otherwise alter or interfere with any security technology used in connection with the Website, nor may you permit or assist in any way any third party to use the material or content made available by us via the Website in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website.

9. INDEMNITY

You agree to indemnify and hold ITV and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content, material, information and/or data you submit, or post to or transmit when using the Website, or your connection to the Website, or your violation of the Terms, or your violation of any rights of another.

10. DEALINGS WITH ADVERTISERS AND MERCHANTS

Your correspondence or business dealings with or participation in promotions of advertisers and merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) ITV shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as a result of the presence of such advertisers and merchants accessed via the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Website are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser and/or merchant.

11. LINKS TO OTHER WEBSITES AND SERVICES

This Website contains, or third parties may provide, links to other third party websites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party websites or services and are not responsible for the availability of such external sites or resources or for their contents. We do not endorse the material contained in their websites or services, and have no association with their operators. You agree that we shall not be responsible or liable, directly or indirectly, for the accuracy, usefulness or availability of any information transmitted via the Website, or for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website or resource, or for any trading decisions made based on such information, nor shall we be party to any transaction or contract with a third party that you may enter into. You agree that you will not involve ITV in any dispute you may have with such third party websites and services.

12. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights in this Website, confidential information, all material and/or content, and any necessary software used in connection with the Website (excluding where applicable certain content submitted by users (in respect of which see above)) shall remain at all times the property of ITV or our licensors

You further acknowledge and agree that content contained in advertisers' and/or merchants' promotions, advertisements, or information presented to you through this Website or by advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or by advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on such content, information and/or the available software, in whole or in part.

The names, images and logos identifying us, companies in the ITV, our partners or third parties and our/their products and services contained in the Website are proprietary marks and may not be reproduced or otherwise used without express permission.

Nothing contained in these Terms shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of ITV or of any third party.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that ITV may establish general practices and limits concerning use of the Website, including without limitation the maximum disk space that will be allotted on our servers, in addition to the servers of any third party who are providing servers in respect to this Website, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that we have no responsibility or liability for the timeliness, deletion mis-delivery or failure to store any user communications, personalisation settings or data maintained or transmitted by the Website. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

14. MODIFICATIONS TO SERVICE

We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service provided under these Terms (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

15. TERMINATION

You agree that ITV in its discretion, may terminate your subscription (or any part thereof) or use of the Website, and remove and discard any data and/or content within the service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in our discretion at any time discontinue providing the service available via this Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration for any service and all related information and files and/or bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

16. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

All content on the Website is provided on an 'AS IS' and 'AS AVAILABLE' basis. We do not guarantee which content will be on the Website. We cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.

17. DISCLAIMERS

You expressly acknowledge and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, ITV expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
2. We make no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from ITV or through or from the service shall create any warranty or other obligation not expressly stated in the Terms.

18. LIMITATION OF LIABILITY

You expressly acknowledge and agree that ITV shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ITV has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into where accessed via the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the use of the service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We do not accept any liability for:

• any damage or loss caused to you where you are not entering into these Terms as a consumer;
• any damage to your computer, any software or for any loss of data that results from your use of the Website;
• any failure, any suspension and/or any termination of access to the Website or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
• any claims brought against you by a third party except as stated in these Terms.

These Terms shall not make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Website, including where the damage or loss results from our breach of these Terms.

19. EXCLUSIONS AND LIMITATIONS

• restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau);
• limit our liability for death or personal injury resulting from our negligence or for fraud.

20. SEVERANCE

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

21. LAW AND JURISDICTION

These Terms are available in English only and shall be governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

22. GENERAL

These Terms constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Any failure by ITV to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contract (Rights of Third Parties) Act 1999 or otherwise.

The section titles in the Terms are for convenience only and have no legal or contractual effect. You agree that your registration for any subscription service available via this Website is non-transferable.

These Terms and/or the services provided may be changed from time to time without notice to you. However, we may in our sole discretion display notices or links to notices regarding changes to the Terms or other services on the Website.

These Terms were last updated on [8 August 2008].

23. VIOLATIONS

Please report any violations of the Terms to ITV customer care at itvihelp@itv.com.