Naturally Powered Terms & Conditions
These Terms and Conditions govern your use of the Naturally Powered Site and your relationship with Tesco Stores Limited (Tesco, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the Naturally Powered Site.
1. Use of the Naturally Powered Site
The Naturally Powered Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Naturally Powered Site you agree to be bound by these Terms and Conditions. These Terms and Conditions do not affect your statutory rights.
2. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via a suitable announcement on the Naturally Powered Site. The changes will apply to the use of the Naturally Powered Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Naturally Powered Site. If you continue to use the Naturally Powered Site after the date on which the change comes into effect, your use of the Naturally Powered Site indicates your agreement to be bound by the new Terms and Conditions.
3. Intellectual property
The content of the Naturally Powered Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Naturally Powered Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Naturally Powered Site without written permission from Tesco.
No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco Stores Limited or its affiliated companies including, without limitation, the trade marks Naturally Powered, Tesco, Tesco.com and Tesco Clubcard.
4. Limitations
You may not use the Naturally Powered Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person's use or enjoyment of the Naturally Powered Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the Naturally Powered Site
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the Naturally Powered Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Naturally Powered Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Naturally Powered Site by you.
5. Availability of the Naturally Powered Site
Although Tesco aims to offer you the best service possible, Tesco makes no promise that the Naturally Powered Site will meet your requirements. Tesco cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us by email at naturally-powered@theforwardgroup.com or by telephone 0845 072 4540 and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Naturally Powered Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco will attempt to restore the service as soon as it reasonably can.
6. Tesco's liability
The Naturally Powered Site is provided by Tesco without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Naturally Powered Site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the Naturally Powered Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
Tesco will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Naturally Powered Site. If Tesco is informed of any inaccuracies in the material on the Naturally Powered Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Naturally Powered Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Naturally Powered Site
- unsuitability, unreliability or inaccuracy of the Naturally Powered Site
- inadequacy of the Naturally Powered site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Naturally Powered Site.
Nothing in these Terms and Conditions shall exclude Tesco's liability for personal injury or death caused by its negligence.
7. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
8. International Use
Tesco makes no promise that materials on the Naturally Powered Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Naturally Powered Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
9. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Tesco ignores this, Tesco will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Tesco shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The Naturally Powered Site is owned by Tesco Stores Limited a company registered in England and Wales whose registered office is at Tesco House, Cheshunt, Waltham Cross, Hertfordshire, EN8 9SL. Company Registration No. 519500, VAT No. GB220 4302 31.
If you have any queries please contact us by email at naturally-powered@theforwardgroup.com or by telephone 0845 072 4540.
