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1. TERMS OF WEBSITE USE

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website www.rightgift4me.com (our site), whether as a guest or as a registered user and. Please read these terms of use carefully before you start to use the site. By using our site, you agree to be bound by these terms of use. If you do not agree to these terms of use, you should not use our site. We may change these terms of use from time to time and you should therefore check this page regularly. Your use of our site will be deemed an acceptance of the terms existing at that time.

2. INFORMATION ABOUT US

www.rightgift4me.com is a site operated by Fortula Limited ("We"). We are registered in England and Wales under company number 5889136 and have our registered office at 373-375 Station Road, Harrow, Middlesex HA1 2AW. Our main trading address is PO Box 869A, Kingston-upon-Thames, Surrey KT1 9HF.

3. ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy and in particular:

1. You must not post on or transmit through our site any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights and rights of confidentiality and/or privacy) or cause distress, inconvenience or offence.
2. You must not post or otherwise make available on our site any material which you do not own without the express permission of the owner of such material.
3. You must not copy, download, reproduce, republish, frame, broadcast, or transmit in any manner whatsoever, any material on our site except as is strictly necessary for your own personal, non-commercial use.
4. You must abide by the specific rules of any promotion that We may offer on or through our site.
5. You must not do anything that affects the operability or security of our site or causes any inconvenience or offence or disruption to our staff.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. THIRD PARTY WEBSITES AND MATERIAL

You acknowledge and agree that we are not responsible for the availability of any third party websites or for any third party material that you may access through our site. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.

Any transactions between you and any third party advertisers or merchants advertising on or found through our site (including without limitation, provision and delivery of and payment for third party products or services and any other terms and conditions related to such transactions) are made between you and the particular advertiser or merchant. We accept no responsibility or liability for any loss or damages of any kind incurred in relation to any such transactions.

RightGift4Me does not accept any responsibility or liability for copyright on any of the images that are uploaded by the users of the site onto their lists.

5. INTELLECTUAL PROPERTY RIGHTS

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

You are permitted to use any material or content published on our site only as expressly authorised in writing by us or by our licensors. You must not, without obtaining a licence to do so from us or our licensors, copy, reproduce, transmit, distribute, frame or otherwise use or assist any other party to use any part of the materials on our site for commercial purposes or to create any derivative works of such material or content.

If you print off, copy, download or otherwise use 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.

6. RELIANCE ON INFORMATION POSTED

No content published on our site is intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of or visitor to our site, or by anyone who may be informed of any of its contents. This disclaimer shall apply in respect of all content and material published or posted on our site, whether by us or by any user of or visitor our site.

7. OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may become out of date at any given time, and we are under no obligation to remove or update such material.

8. OUR LIABILITY

We will endeavour to use all reasonable care in relation to the provision and operation of our site. However, all material and content displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and We will not accept responsibility or liability for the content, accuracy, timing or reliability of any information or statements contained within or posted on our site by users or visitors to our site (except as required by law). Any claims arising from the actions or statements of any user of or visitor to our site must be brought only against that user or visitor and not against us.

We do not guarantee that the material and content provided on our site, or any of the functions contained in our site or the server hosting it will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

To the extent permitted by law, we hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10. SERVICES PROVIDED BY US OR THROUGH OUR SITE

Contracts for the supply of information and services by us to you [(including contracts relating to any purchases made by you through our site are governed by our Terms and Conditions of Supply.

11. UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

12. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

13. TRADE MARKS

rightgift4me and Fortula are our trade names and you must not use them without our permission.

14. CONTACTING US

If you have any concerns or wish to make any comments to us about our site or about any material which appears on our site, please contact us at admin@rightgift4me.com.

15. JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

© Fortula Limited 2006. All rights reserved. No part of this website may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without the prior written permission of Fortula Limited.