OUR TRADE MARKS ARE REGISTERED

The “Nichols” name and logo, and the names and logos of Nichols brand (including Vimto) are UK and/or EU registered trade marks of Nichols Plc. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

 

ACCEPTABLE USE OF OUR SITE

You may use our site only for lawful purposes. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), without our express prior written consent;
• to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, timebombs, logicbombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer codes or material which is malicious or technologically harmful or is designed to adversely affect the operation of any computer software or hardware;
• to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
• to delete or revise any portion of the site or any material posted or submitted to the site by any other user, person or entity;
• by attempting to gain unauthorised access to, interfere with, damage or disrupt any part of our site, the server or network on which our site is stored, any software used in the provision of our site, or any equipment, server, network, computer or database connected to our site; or
• by attacking our site by a denial of service attack or a distributed denial of service attack.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice or instructions.

 

PERSONAL INFORMATION AND COOKIES

We will only use your personal information as set out in our Privacy Policy.

For information about our use of cookies on this website, please see our Cookie Policy.

 

USER-GENERATED CONTENT

From time to time, we may implement features on this site which enable users to upload content, including posting comments in forums or on articles.

Any user-generated content has not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Content Standards set out in these terms below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.  This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.  You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.  The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out below.

You are solely responsible for securing and backing up your content.

 

CONTENT STANDARDS

These content standards apply to any and all material which you submit or contribute to our website (contributions) and to any interactive services associated with it.

Contributions must:

• • be accurate and not misleading (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country or territory from which they are posted.

Contributions must not:

• contain any material which is defamatory, obscene, offensive, hateful or inflammatory;
• promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right, trade secret, trade mark, privacy right or any other intellectual property right of any other person including any moral rights that may exist in the contribution;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• constitute or promote any illegal activity;
• be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be an advertisement or otherwise designed to solicit business;
• contain any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or has an equivalent effect;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

The “Nichols” name and logo, and the names and logos of Nichols brands (including Vimto) are UK and/or EU registered trade marks of Nichols Plc. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.