2 Use of the Service
2.1 You agree that you will not:
(a) use the Service for any commercial, unlawful, immoral or malicious purpose; or
(b) introduce any code, virus or data which is harmful to the Service or any operating system; or
(c) transmit, store, publish or upload any electronic material which is likely to cause damage or limit the functionality of any telecommunications equipment or any computer software or hardware; or
(d) infringe any intellectual property right belonging to us or any other party; or
(e) send, receive, publish, distribute, transmit, upload or download any material which is offensive, abusive, defamatory, indecent, obscene, unlawful; or otherwise objectionable; or
(f) invade the privacy of or cause annoyance, inconvenience or anxiety to or send any unsolicited correspondence to any other person; or
(g) copy the software (or any part of it) utilised within the Service; or
(h) reverse engineer, disassemble, decompile, translate or modify the software (or any part of it) utilised within the Service.
2.2 We do not guarantee that products or services or any websites accessible via the Service are error or virus free.
2.3 Any dealings that you may have with promotions, services or merchants via the Service are solely between you and the person with whom you are dealing.
2.4 We do not warrant or guarantee the performance of the internet or that the transmission of information over the internet will be secure or that the internet will be accessible at all times or at any particular speed.
2.6 You acknowledge that the internet is separate from the Service and that websites accessed by you via the Service are not under our control and that we are not responsible for and do not endorse their content or privacy policies (if any). You undertake that you will use your own judgement regarding any interaction with any such website including the purchase of any products or services accessible through them.
3 Limitation of liability
- 1 Subject to paragraph 3.2, in no event shall we be liable for: (i) any loss of profits; (ii) any loss of revenue; (iii) any loss of goodwill; (iv) any loss of anticipated savings; (v) any loss or corruption of or damage to data; or (vi) business interruptions; (vii) any indirect, incidental, consequential or special loss or damage.
- 2 Nothing shall exclude or limit either party’s liability for: (i) death or personal injury resulting from negligence; (ii) any claim based on fraud or other criminal act; (iii) loss or damage arising from negligence; or (iv) any other matter that may not be validly excluded or limited by applicable law.
4 Privacy and data protection
4.2 We are not responsible for the accidental loss or destruction of any personal data which you transmit whilst using the Service and we exclude all liability of any kind in relation to the content or security of personal data that you send or receive through the Service. For the avoidance of doubt, this paragraph does not limit or exclude any liability of us for a breach of our data protection obligations in relation to the information which we obtain from you.
4.3 You acknowledge that we may be required by law to provide assistance to law enforcement, governmental agencies and other authorities. Accordingly:
4.3.1 we may implement and maintain an interception capability suitable to meet these requirements where we are obliged by law to ensure or procure that such a capability is implemented and maintained;
4.3.2 we may implement and maintain a data retention capability for the Service to meet requirements where we and/or our partner networks are obliged by law to ensure or procure that data is retained; and
4.3.3 we may at times co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you. If we are required to do so by law, this may include but is not limited to, disclosure of your contact information to law enforcement authorities or rights-holders.