Indigo Scape UK provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated from time to
time without notice to you. In addition, you shall be subject to any guidelines
and rules applicable to such services which may be posted by us from time
to time. All such guides and rules are hereby incorporated by reference
into the TOS. In most cases the guides and rules are specific to a particular
part of the Service and will assist you in applying the TOS to that part,
but to the extent of any inconsistency between the TOS and any guide or
rule, the TOS will prevail. We may also offer services from time to time
that are governed by other terms of service. In such cases the other terms
of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF SERVICE
Indigo Scape currently provides users with access to a rich collection
of on-line resources, including, shopping services, personalised content
(the "Service"). Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release
of new properties, shall be subject to the TOS. You acknowledge and agree
that the Service is provided "AS IS" and that we assume
no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalisation settings.
In order to use the Service, you must obtain access to the Internet, either
directly or through devices that access web-based content, and pay any
service and/or telephony fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
Indigo Scape is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents who wish to allow their
children access to the Service should assist them in setting up any relevant
accounts and supervise their access to the Service.
Registration Data and certain other information about you is subject
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify us of any unauthorised use of your password
or account and any other breach of security, and (b) ensure that you exit
from your account at the end of each session. We cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text, software, music, sound,
photographs, graphics, video, messages and other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not Indigo Scape are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Service. We do not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You acknowledge that by
using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will we be liable in any way
for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted via
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, damage, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation
including, but not limited to, regulations promulgated by any securities
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Indigo Scape does not pre-screen Content, but that
Indigo Scape and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Indigo Scape and its
designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created
by us or submitted to us.
You acknowledge and agree that Indigo Scape may preserve Content and
may also disclose Content: (a) to its affiliated companies worldwide for
the purpose of providing the Content to you in an efficient manner, (b)
for the purpose of properly administering your account in accordance with
the standard operating procedures of Indigo Scape or its affiliated companies,
and/or (c) if required to do so by law or in the good faith belief that
any such preservation or disclosure is reasonably necessary to: (d) comply
with legal process; (e) enforce the TOS; (f) respond to claims that any
Content violates the rights of third-parties; or (g) protect the rights,
property, or personal safety of Indigo Scape, its users and the public.
You acknowledge that the technical processing and transmission of the
Service, including your Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of
connectin networks or devices. We reserves the right to terminate your
access to some or all parts of its Service if you withdraw your consent
in this paragraph at any time.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom, the United States
and the country in which you reside (if different from the aforementioned).
8. PUBLIC CONTENT POSTED TO Indigo Scape
(a) For purposes of the TOS, "publicly accessible areas" of
the Service are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Indigo Scape or that consists of photos or other
graphics you elect to post to any other publicly accessible area of the
Service, you grant Indigo Scape, royalty free and non-exclusive licence
to reproduce, modify, adapt and publish such Content on the Service solely
for the purpose of displaying, distributing and promoting the specific
service to which such Content was submitted, or, in the case of photos
or graphics, solely for the purpose for which such photo or graphic was
submitted to the Service. This licence exists only for as long as you
elect to continue to include such Content on the Service and shall be
terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant Indigo Scape the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and
licence to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole or
part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed.
You agree to indemnify and hold Indigo Scape and its subsidiaries, affiliates,
officers, agents, co-branders and other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Indigo Scape may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum number
of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will
be allotted on Indigo Scape servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Indigo Scape has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that we reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
we reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that Indigo Scape shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
You agree that we may terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if you
have violated or acted inconsistently with the letter or spirit of the
TOS. We may also at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions
of, advertisers and merchants found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser or merchant. To the fullest
extent permitted by applicable law, you agree that: (a) Supermartket Indigo Scape shall not be responsible or liable for any loss or damage of any
kind incurred as the result of any such dealings or as the result of the
presence of such advertisers and merchants on the Service, and (b) any
orders placed by you on, and any product specifications and product availability
appearing on, the Service are subject to confirmation by, and the terms
and conditions of business of, the relevant Merchant.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because we have no control over such
sites and resources, you acknowledge and agree that Indigo Scape is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that we shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16. Indigo Scape PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorised by Indigo Scape or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
Indigo Scape grants you a personal, non-transferable and non-exclusive
right and licence to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicence, grant a
security interest in or otherwise transfer any right in the Software.
The foregoing is subject to applicable statute and other express law.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorised access to the Service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, Indigo Scape EXPRESSLY DISCLAIMS
ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM
AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND
SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Indigo Scape OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Indigo Scape SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE
OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE
OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. COPYRIGHTS and COPYRIGHT AGENTS
- an electronic or physical signature of the person authorised to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed
use is not authorised by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorised to act on the copyright owner's behalf.
22. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute
the entire agreement between you and Indigo Scape and govern your use
of the Service, superseding any prior agreements between you and us. You
also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and Indigo Scape shall be governed
by the laws of England. You and Indigo Scape agree to submit to the exclusive
jurisdiction of the English courts. Any failure by us to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.