Effective Date: 6th June 2013
1.1 This website is owned and operated by Momenta Operations Limited. We are registered in the UK (technically “England & Wales”) under number 08263685. Our registered office is at Tower 42, 25 Old Broad Street, London EC2N 1HQ. Our trading address is at Tower 42, 25 Old Broad Street, London EC2N 1HQ. Our VAT number is 805 7891 04.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website including our associates’ portal you agree to be bound by these terms and conditions relating to use of our website. This agreement does not affect any separate associate contract that we may have, or enter into, with you.
2. Changes to the terms and conditions
2.1 We may change these terms and conditions by posting the revised version on our website. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
3. Use of our website
3.1 We grant you a limited personal right to use our website subject to these terms and conditions. We reserve the right at any time to terminate your right to use our website for any reason whether with or without notice.
4. Your content
4.1 You are responsible for your content (meaning all information which you publish, store
or send via our website).
4.2 It is your responsibility to make your own backup of your content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
4.3 We reserve the right to irretrievably delete your content at any time if we consider it
appropriate to do so.
5. Our content
5.1 We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
6. Third party websites
6.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
7.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.
8.1 Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Intellectual property rights
9.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
9.2 For the avoidance of doubt you may not collect, scrape or harvest any content on our website or deep-link to or frame content on our website without our specific prior written consent.
10. Functioning of our website
10.1 We cannot guarantee that our website will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 To the extent allowed by law, we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
11.4 Our liability of any kind (including our own negligence) with respect to this agreement for any one event or series of related events is limited to £100.
11.5 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data (even if we have been advised of the possibility of such losses).
11.6 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
12. “Act of God”
12.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
13.1 We may transfer all or part of our rights or duties under this agreement. As this agreement is personal to you, you may not transfer any of your rights or duties under it.
14. English law
14.1 These terms and conditions shall be governed by the law of England & Wales and is subject to the exclusive jurisdiction of the courts of England & Wales.
15.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as
expressly stated otherwise.
16.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.