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This
legal statement constitutes the entire agreement between the parties
and contains the terms and conditions (the "User Terms") which govern
your use of www.aventbaby.com (the "Website"). AVENT reserves the right
to change these terms and conditions at any time without notice. Accordingly
you agree to review the site periodically and your continued access or
use of this site shall be deemed your acceptance of the modified
agreement.
By
using the Website you confirm that you are at least 18 years old or, if
you are under 18, that you are accessing the Website with the consent
of your parent(s) or guardian(s). The Website is available only for
your personal and non-commercial use. If you do not agree with these
User Terms, do not use the Website. If you continue to use the Website
you will be deemed to have accepted the User Terms. We reserve the
right to terminate access in the event of breach (in our opinion) of
the User Terms. References to "us" or AVENT shall be interpreted so as
to include our successors, assigns and licensees. AVENT reserves the
right to change these User Terms at any time without notice.
Accordingly you agree to review the site periodically and your
continued access of use of the Website shall be deemed your acceptance
of the modified User Terms.
The failure of AVENT to exercise
or enforce any right or provision of these User Terms shall not
constitute a waiver of such right or provision. The section titles are
for convenience only and have no legal or contractual effect.
If you have any questions or complaints relating to your use of the Website, or to the User Terms, please contact us.
Unless
stated otherwise the contents of the Website, including the images,
text, audio, trademarks, logos, graphics and other components are owned
by AVENT and are protected by copyright and trademark laws and treaty
provisions. No element of this website may be copied, reproduced,
modified, published, uploaded, posted, transmitted or distributed in
any way without AVENT's prior written permission, except as stated
below. AVENT does not grant any express or implied right to you
under any patents, copyrights, trademarks or trade secret information.
Other rights may be granted to you by AVENT in writing or incorporated
elsewhere in the Website.
You may print or download the
visible text of an individual page for private and personal
non-commercial use only, but you may not make more than one copy of
such text electronically or otherwise. You may not reproduce any other
part of the Website including, but not limited to, the structure,
overall style and program code.
THE
WEBSITE IS DISTRIBUTED ON AN "AS IS" BASIS. AVENT MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY,
RELIABILITY OR COMPLETENESS OF THIS WEBSITE OR ITS CONTENT. IN
ADDITION, EXCEPT AS SET OUT ELSEWHERE IN THESE USER TERMS AND THE
WEBSITE AVENT MAKES NO REPRESENTATIONS OR WARRANTIES OF QUALITY
PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, AVENT DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF COMPUTER VIRUSES. ANY LIABILITY, HOWEVER IT
OCCURS FOR ANY INACCURACIES OR ERRORS IS EXPRESSLY EXCLUDED TO THE
FULLEST EXTENT PERMITTED BY LAW.
The Website is
controlled and operated from England and AVENT makes no representations
that the materials and products described on the Website are
appropriate or available in other locations or jurisdictions. You shall
not use the Website in breach of any laws or regulations of any
national local, state or federal governments or agencies in any country
or jurisdiction in which the content can be viewed or retrieved, or in
breach of any international treaties or conventions or any community
standards, and will not make any use of the Website such that the whole
or part of the Website is interrupted, damaged or impaired in any way
or for the transmission or posting of any computer viruses or any
material which defamatory, offensive or of an obscene or menacing
character or in such a way as to cause annoyance, inconvenience or
needless anxiety or which constitutes a violation or infringement of
the rights of any person, firm or company.
AVENT
may monitor communications on the Website, but is under no obligation
to do so. You must not post any material on to the Website which
defamatory, obscene or blasphemous, which infringes third party rights
or which could in any other way give rise to criminal or civil
liability in any jurisdiction. AVENT shall have no liability for any
such material. AVENT may in our absolute discretion remove any material
if in our view it falls or might fall within the foregoing categories
or is otherwise inappropriate, AVENT shall own any material you send to
the site or to them, shall not be obliged to treat any such
communication as confidential and may exploit any such communication
and its contents in such ways they see fit.
The
information on this Website is made available as a general education
forum and is not intended to be a substitute for the medical advice of
your qualified medical care provider. ALWAYS DISCUSS MEDICAL ISSUES
WITH YOUR DOCTOR BEFORE MAKING ANY OF THE IDEAS OR SUGGESTIONS FOUND ON
THE SITE A PART OF YOUR FAMILY'S LIFE.
The
Website may also contain links to other websites which are not under
AVENT's control and are not maintained by AVENT. AVENT are not
responsible or liable in any way for such websites and cannot vouch for
the suitability or accuracy of the content of those websites. AVENT
provides these links for your convenience only but do not monitor or
endorse the material on such other websites.
Your dealings
with any third parties including but not limited to merchants through
the Website and any terms, conditions, warranties or representations of
such third parties, are solely between you and the relevant third party
and AVENT are not liable in any way fork, and you agree to indemnify
use in the manner referred to in these User Terms in relation to such
dealings.
Exclusion of AVENT's Liability/Indemnity Neither AVENT nor any of its directors, employees or representatives
shall be liable for any damages arising out of, or in connection with,
the use of the Website. This is a comprehensive limitation of liability
that applies to all damages of any kind, including, but not limited to
compensatory, direct, indirect or consequential damages, loss of data,
income or profit, loss of or damage to property and claims of third
parties (but not including death or personal injury resulting from
AVENT's negligence).
AVENT does its best to provide
uninterrupted access to the Website, but it does not guarantee it and
accepts no liability for any failure to do so.
You agree to
indemnify AVENT against all liabilities, claims and expenses that may
arise from any breach by you of these User Terms or your use of the
Website. AVENT reserves the right, at its own expense, to assume the
exclusive defence of any matter otherwise subject to indemnification by
you and as such you agree to co-operate with AVENT's defence of such
claim.
Apart
from AVENT's ability to terminate the Website or any services provided
on the Website or restrict your access to them with immediate effect
for your breach of the letter or spirit of any of these User Terms or
as otherwise set out on the Website, without prejudice to any other
accrued rights, AVENT may also terminate the Website or services
provided without prior notice to you where:
- there is a regulatory or statutory change limiting AVENT's ability to provide the Website;
- any
event beyond AVENT's reasonable control prevents it from continuing to
provide the Website (for example, and without limitation, technical
difficulties, capacity problems and communications failures);
- AVENT
consider in its sole discretion that you are abusing the provision of
the Website or the services provided thereon or are otherwise acting in
breach of these User Terms. Without prejudice to the foregoing, AVENT
reserves the right to remove any material on the Website including,
without limitation, any user name or email posted on the Website which
AVENT in its sole opinion deems unsuitable.
AVENT
reserves the right to assign or subcontract any or all of its rights
and obligations under these User Terms to a third party. If AVENT
exercises this right, it shall name the assignee or subcontractor on
the Website. You may not without AVENT's prior written consent assign
or dispose of any rights or obligations arising under these User Terms.
In
the event of conflict or inconsistency between the English version of
these User Terms and any translation provided by AVENT, the English
version shall prevail.
In
the event that any term of these User Terms is held to be invalid or
unenforceable by judicial decree or decision, the remainder of these
User Terms shall remain valid and enforceable.
These
User Terms and the use of the Website are subject to English Law which
shall exclusively govern their interpretation, application and effect.
The Courts of England shall have exclusive jurisdiction over all claims
or disputes arising in relation to, out of or in connection with
subject matter of these User Terms. |
