In these terms and conditions the following capitalised words shall have the following meanings:
“Content” means all material including, without limitation, text, video, graphics and audio, published on the website, whether copyright of Save the Children or a third party;
“Intellectual Property Rights” means all patents, designs rights, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
“Nestegg Financial Services” means Nestegg Financial Services and Nestegg Financial Planners hereafter referred to as NFS as relevant.
- Accessing this site
a. By using the website you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the website. If these terms and conditions are not accepted in full, the use of the website must be terminated immediately.
b. NFS reserves the right to change these terms and conditions at any time and by using this Website you are expected to review such terms on a regular basis to ensure you understand all terms and conditions. Your continued use of the website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes.
c. NFS reserves the right to withdraw or amend the service it provides on the website without notice and will not be liable if for any reason the website is unavailable at any time or for any period.
d. From time to time, NFS may restrict access to some parts of the website, or the entire website, to users.
e. You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions, and that they comply with them.
g. NFS does not warrant that the functions contained in the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.
h. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the website is at your own risk.
j. The website is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
k. You agree to use the website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else’s use and enjoyment of, the website.
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercialising any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing; Certain areas of this Website are restricted from access and NFS may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
- Intellectual Property Rights
a. All Content on the website is the copyright of NFS other than content you own, which you may have opted to include on this Website.
b. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in any way except for non- commercial personal or educational use.
c. You agree not to adapt, alter or create a derivative work from any of the Content except for non-commercial personal or educational use. Any other use requires the prior written permission of NFS.
d. The status of NFS (and that of any identified contributors) as the authors of any Content must always be acknowledged.
e. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
f. The names, images and logos identifying NFS or any other third parties referred to on the website and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of NFS or any other third party.
- Reliance on information posted
a. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. NFS therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of any of its contents.
b. NFS may change the Content at any time. Any of the Content on the website may be out of date at any given time, and we are under no obligation to update such material.
- Our Liability
a. NFS will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the website, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the website.
b. Nothing in these terms and conditions affects 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.
- Viruses, hacking and other offences
a. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
b. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website.
c. You must not attack the website via denial-of-service attach or a distributed denial-of-service attack.
d. If you breach any of paragraphs 7(a)-(c) above, you will be committing a criminal offence under the Computer Misuse Act 1990. NFS will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
e. NFS 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 the website or to your downloading of any Content, or any website linked to the website.
- Linking to the website
a. You must not establish a link to this website in such a way as to suggest any form of association, approval or endorsement on the part of NFS where none exists.
b. You will remove any such link immediately if requested by NFS.
- Links from our website
a. The website may contain links to other websites. These links are provided for your convenience and NFS has no control over such websites, nor is it responsible for their content. The inclusion of these links on the website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. NFS cannot guarantee the security of these sites, the operation of the links or that they will be virus-free.
b. Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies. NFS accepts no responsibility for any loss or damage that may result from your use of any third party websites.
- Jurisdiction and applicable law
a. The terms and use of the website shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.