TERMS & CONDITIONS
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.elizabethshaw.co.uk and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Elizabeth Shaw Limited, hereinafter referred to as “The Company”.
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) that no documents or related graphics on the Website are modified in any way;
(b) that no graphics on the Website are used separately from the corresponding text; and
(c) that the Company's copyright and trade mark notices and reference to this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website 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.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from the Website 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; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(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 any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate 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 clause 4.2 or clause 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. 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 or availability. 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 Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the Elizabeth Shaw logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(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 Elizabeth Shaw Limited's trade marks displayed on the Website 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.
5.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on the Website 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 Website 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 effect in relation to the Website.
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any 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, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website 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 the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit the Company's liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
10. PRIZE DRAW TERMS & CONDITIONS
10.1 The promotion is only open to UK residents aged 18 or over, excluding employees of Elizabeth Shaw Ltd and their immediate families, the company’s agents or anyone professionally connected with the promotion.
10.2 To enter: Register your details online at http://www.elizabethshaw.co.uk/competition/ before the closing date of midnight (UK local time) 15th May 2014. No purchase necessary.
10.3 There is one prize of one chocolate bar (RRP value £2.09) to be won each day between 15th April 2014 and 15th May 2014.
10.4 The prize is non-transferable and there is no cash alternative.
10.5 The prize is not available in conjunction with any other offer.
10.6 Each Monday during this competition, 7 winners will be selected in a random draw conducted by Elizabeth Shaw, from all valid entries.
10.7 The winners will be contacted within 7 days of the draw, by email. In the event that the winners have not responded within 14 days of notification, then the promoter reserves the right to reallocate the prize to a reserve winner.
10.8 The winners’ name and county may be published in Elizabeth Shaw’s quarterly newsletter.
10.9 By entering, winners agree that if they win they will participate in any reasonable publicity arranged by The Promoter or its agencies.
10.10 By entering the promotion, entrants confirm that they have read and agree to be bound by these terms & conditions and by the decisions of the Promoter, which are final in all matters relating to the promotion. Failure to do so will result in the forfeiture of the prize. No correspondence will be entered into.
10.11 The Promoter or its agencies will not be responsible for the non-inclusion of entries, as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies. Proof of submission of entry is not proof of receipt of entry.
10.12 The Promoter reserves the right at its sole discretion to disqualify any person it reasonably believes is tampering or has tampered with the operation of the promotion or the Elizabeth Shaw Limited website, or to be acting in violation of these terms and conditions - this will include Automated Entries, which will be disqualified.
10.13 The Promoter or its agencies accept no responsibility for any loss, injury or damage suffered through acceptance of the prize.
10.14 To the full extent permitted by law the Promoter will not accept liability for any loss, damage, injury or death arising from this promotion beyond its reasonable control.
10.15 The Promoter is Elizabeth Shaw Limited, 1 Glentworth Court, Lime Kiln Close, Stoke Gifford, Bristol, BS34 8SR.
WIN A DOZEN EGGS TERMS & CONDITIONS
The promoter is: Elizabeth Shaw Ltd (company no. 3737259) whose registered office is at 1 Glentworth Court, Lime Kiln Close, Stoke Gifford, Bristol, BS34 8SR.
1. The promotion is only open to UK residents (England, Scotland, Wales and Northern Ireland) aged 18 or over, excluding employees of Elizabeth Shaw Ltd and their immediate families, the company’s agents or anyone professionally connected with the promotion.
2. There is no entry fee and no purchase necessary to enter this competition – application is online only.
3. Route to entry for the competition and details of how to enter are via www.elizabethshaw.co.uk
4. The competition opens on 8th April 2014 and will close Midday (UK local time) on 15th April 2014 (after this date no further entries will be permitted).
5. No responsibility can be accepted for entries not received for whatever reason.
6. To enter: entrants must complete the competition form on the Elizabeth Shaw website.
7. There is one prize available. The prize consists of a dozen Elizabeth Shaw Easter eggs - a mixture of 4x Crisp Collection eggs (325g), 4x Mint Crisp Collection eggs (325g) and 4x Famous Names eggs (240g). (Total RRP - £120)
8. All 12 eggs will be delivered in one batch.
9. We plan to deliver the prize on Thursday 17th April – dependent on the winner contacting us within 24 hours of notification email.
10. Owing to circumstances outside the reasonable control of the Promoter, the Promoter reserves the right to withdraw this promotion or amend any of its details if circumstances make this unavoidable, but will use all reasonable efforts to minimise the effect to the participant to avoid consumer disappointment.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and the Promoter reserves the right to substitute any prize with another of equivalent or greater value in circumstances outside of their reasonable control.
13. The winner will be selected in a random draw conducted by Elizabeth Shaw, from all valid entries, in week of 15th April 2014.
14. The winner will be notified by email on 15th April 2014. In order to receive the prize before the Easter Weekend 18th April, we will need confirmation from the winner by midday 16th April in order to fulfil delivery. If confirmation is received after midday 16th April we cannot guarantee delivery of the prize before Easter. If confirmation is not received after 7 working days we will pick a new winner.
15. The Promoter’s decision in respect of all matters to do with the competition will be final, and no correspondence will be entered into regarding the selection of winner.
16. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
17. By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.
18. Entrants will retain copyright of their submitted entries; however, by entering, all entrants give Elizabeth Shaw a royalty-free perpetual licence to edit, publish and use all or segments of each entry in any and all media (including print and online) for publicity and marketing purposes – giving full credit to the entrant.
19. Other than the chance to win the prize listed in these T&Cs, entrants will receive no other form of compensation.
20. The winner agrees to the use of their name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
21. The winner is responsible for ensuring they are able to accept the prize as set out in these T&Cs. In the event they are unable to do so, Elizabeth Shaw reserves the right to select another winner.
22. The winner’s name and county can be posted on the Elizabeth Shaw blog, and included within the Elizabeth Shaw e-newsletter.
24. The Promoter reserves the right at its sole discretion to disqualify any person it reasonably believes is tampering, or has tampered, with the operation of the promotion or the Elizabeth Shaw Limited website, or to be acting in violation of these terms and conditions. This will include automated entries, which will be disqualified.