Use of Site
You may use (and, in specified instances where applicable, download) the Service, the Site, and the information, writings, images, software and/or other works that you see, hear or otherwise experience on the Site and/or Service (singly or collectively, the “Content”) solely for your non-commercial and personal purposes and/or to learn about us, and our products and services.
Ownership and Intellectual Property
All copyright and other intellectual property rights in all text, images and other materials on the Site are the property of F&N or are included with the permission of the relevant owner. No right, title or interest in the Site or Service, or in any Content, is transferred to you, whether as a result of your downloading such Content or otherwise.
The Site contains a number of names, images, logos and/or taglines identifying us and our range of products and services, and third parties and their products and services. These are our proprietary intellectual property or the proprietary intellectual property of third parties who have authorised their use on the Site.
Any software available for download via the Site or Service is our copyrighted work and/or that of our licensors. Use of such software is governed by the additional terms of the end-user licence agreement or terms of service that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of and agreement to be legally bound by the additional terms of the end-user licence agreement or terms of service.
Disclaimer of Warranties
Please be aware that the Site, the Service and the Content (including for this purpose, any information on, about or from third parties or relating to third party products and services) are provided on an “as is” and “as available” basis, and that we make no express or implied representations, warranties or endorsements whatsoever in respect thereof. We also expressly disclaim all and any representations and warranties (whether express or implied by law) to the extent permitted by law, including implied warranties of accuracy, compatibility, completeness, fitness for any particular purpose, compliance with any description, merchantability, non-infringement, satisfactory quality, security and title, or such as may arise from course of performance, course of dealing, usage of trade or otherwise, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the Site.
We do not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that errors or defects in the Site or the Service, if any, will be corrected, or that the Site or our server that makes it available will be free of viruses or bugs. Neither can we guarantee or warrant that any files or software available for downloading through the Site will be free of infection by software viruses or other harmful computer codes, files or programmes.
By using the Site and/or Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any communications or content you upload or send using the Site and/or Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Limitation of Liability
Under no circumstances will we, our directors, officers, agents, contractors, partners and/or employees, be liable for, and we hereby expressly disclaim all liability to you or any third party for, any and all losses and damages (whether direct or indirect, foreseen, foreseeable, known or otherwise, and regardless of the form or cause of action) including:
- loss of data;
- loss of revenue or anticipated profits;
- loss of business;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties;
- any indirect, consequential, special or exemplary damages, arising from (and irrespective of whether we have been advised of such possibility or occurrence):
- the use of or inability to use the Site, the Service, or the Content;
- any transaction conducted through or facilitated by the Site or Service;
- errors, omissions, or other inaccuracies in the Site, the Service or the Content;
- unauthorized access to or alteration of your account (if any), transmissions or data; or
- any other matter relating to the Site, the Service or the Content;
- your access to and/or use of third party sites or services; and/or
- any third party claims in respect of the above,
You agree that your use of the Site and Service shall be entirely at your own risk. If you are dissatisfied with the Site, the Service, the Content or, with the Agreement, your sole and exclusive remedy is to discontinue using the Site and the Service.
Links to Third Party Websites
We do not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”, and including for this purpose, any feedback you send to us regarding any area of our existing businesses) will be considered non-confidential and non-proprietary. For all Submissions:
- you warrant, represent and undertake that you have the unencumbered legal right to post the
Submission and that it will not infringe or violate any applicable laws or the rights of any person or
- you hereby grant us a royalty-free, irrevocable, perpetual, worldwide right to use, reproduce,
distribute, display and create derivative works from the Submission, in any and all media, in any
manner, in whole or in part, without any restriction whatsoever or any responsibilities to you.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, the Service or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to post or upload any illegal, libelous, offensive or insensitive comments remarks and/or material on the Site.
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to fully indemnify, defend and hold harmless us, our parent companies, subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, agents, and any third-party information providers to the Service, from and against all charges, proceedings, claims, fines, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and legal costs on an indemnity basis, resulting from or arising out of:
- your use or misuse of the Site, the Service, or the Content,
- your negligent act or omission, wilful default, misconduct or fraud;
- your violation of any applicable laws or third party rights; or
- any content you post or share on or though the Site or Service.