| Terms and Conditions
Welcome to Nexus Books. WHO ARE WE?
WHO ARE WE The following terms and conditions explain what you can expect from us and what we will expect from you when browsing and buying from Virgin Books. We explain what you can and cannot do when using the Virgin Books site and what our obligations and liabilities are to you. Please take some time to read the following terms as they are a legally binding contract between you and us. If you have any questions about these terms or Virgin Books please contact: Virgin Books Limited Telephone number: +44 (0)20 7386 3300 E-mail address: webmaster@virgin-books.co.uk By using Virgin Books you agree to be bound by these terms. If you do not agree with the terms please exit here [exit route]. WHAT OTHER TERMS AND CONDITIONS WILL APPLY TO YOUR USE OF NEXUS BOOKS? From time to time we may run competitions or promotions or offer you products and services. If you wish to enter the competition or take part in any promotion we make available on Virgin Books then special terms and conditions will apply. WHAT LAW APPLIES? If you are not happy with any goods which you order through the Virgin Books website please see our Returns Policy which explains what rights you have to obtain a refund. Your use of the Virgin Books website, any downloaded material from it and the operation of these terms shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts. We reserve the right to bring proceedings in the Courts of the country of your residence. OUR OBLIGATIONS TO YOU We reserve the right to not ship, honour or complete orders where we decide they are incorrect for example where the price of a book has been incorrectly stated on the website. In such cases we will contact you before taking payment. We will provide you with up to date information on the functionality of Virgin Books and advice and assistance on any upgrades or changes to its functionality. We will use our reasonable endeavours to comply with any law applicable. e reserve the right to monitor the use of the site in accordance with any applicable laws in order to (i) maintain the website, and (ii) to protect the rights of other users of the website.
RETURNS POLICY
DELIVERY
YOUR OBLIGATIONS TO US You agree not do anything or cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of Virgin or any of our associated companies or any third party or do anything that is otherwise unlawful. You confirm that all registration details provided by you are complete and accurate and that you have sole control over your e-mail account. If you choose to purchase any goods from us you agree to be responsible for all charges resulting from such purchase and you are responsible for all charges related to your access to and any transactions which you may enter into on our website. You agree: • to abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of Virgin Books or the other Virgin sites; • not to infringe any third party rights through your use of Virgin Books or other Virgin sites, or your activities conducted from Virgin Books or other Virgin sites, including without limitation, the intellectual property rights of others; • not to damage, interfere with or disrupt access to Nexus Books or the other Virgin sites or do anything that may interrupt or impair their functionality or the “look and feel” of the material available; • to be entirely responsible for and maintain the confidentiality of your password (if we give you one) and notify us immediately of any unauthorised use of your password or other security breach which you become aware of; • not to publish, post, disseminate, distribute or otherwise transmit any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information through Virgin Books or the other Virgin sites nor use Virgin Books or the other Virgin sites for any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication or otherwise cause any liability for us or any other Virgin company; • not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including rights of publicity and privacy; • make any unauthorised, false or fraudulent booking or request for services or make order; • that you shall only access the site as permitted by us and shall not attempt at any time to circumvent our system security or access any underlying software code; • use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of Virgin Books or the other Virgin sites including but not limited to uploading or making available files containing corrupt data or viruses via whatever means; • obtain or attempt to obtain unauthorised access, via whatever means, to any of Virgin Books or the other Virgin sites or computer networks Any communication or material transmitted by you to Virgin Books by mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or other Virgin companies for any purpose and you agree to waive any moral rights which you may have. You also permit any other user of the website to access, display, view, store and reproduce such material for personal use. If for any reason we are held responsible for loss or damage or other costs incurred by a third party as a result of any use or conduct by you on the Virgin Books website or any breach of these terms by you, you shall be responsible to us and will reimburse our costs, damages and expenses that are suffered or incurred by the third party and/or Virgin Books and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners and licensors. WHAT HAPPENS IF YOU BREACH THESE TERMS AND CONDITIONS? • warn you via e-mail that you have violated these terms and ask you to discontinue such conduct; • delete any material or content which you post to the open areas of Virgin Books; • discontinue your membership of Virgin Books and/or any other related subscriptions to additional services or the services offered by Virgin Books or the other Virgin sites; and • take measures (including terminating, suspending or restricting your use of Virgin Books) to prevent you from using Virgin Books or the other Virgin sites or linking to Virgin Books.
OUR LIABILITY TO YOU Everything on the Virgin Books website and the other related Virgin sites is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check your local laws for any restrictions of limitations regarding the exclusion of implied warranties. You accept that your use of and browsing of the Nexus Books site is at your own risk. Virgin Books is not responsible for and shall not be liable for any damage to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing or your downloading of any materials, data, text, images, video or audio from the Nexus Books website. We cannot be held responsible for any loss, claim, damage, or any indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings or the cost of buying substitute goods or services or the loss or corruption of data) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: • your access to, or use of, or inability to access or use the Nexus Books website or any other related Virgin websites or any linked site or content found on those sites • any failure or delay relating to the use of or inability to use the Nexus Books website • the goods or services purchased through the website or transactions entered into through the site • any unauthorized access to or alteration of your transmissions or data • the performance or non-performance of any services by Nexus Books or any of the other Virgin companies • any information, software, products, services and related graphics obtained through Nexus Books or the other Virgin sites While we use reasonable efforts to include accurate and up to date information on the site, we make no warranties or representations as to its accuracy or completeness. We are not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by Virgin or any other party involved in the site and is not intended to be relied upon by users in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any information posted on the Nexus Books website. While we take all reasonable steps to ensure a fast and reliable service we will not be held responsible for the security of the site or for any disruption of Virgin Books however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You will remain responsible and liable for material you upload on to or access from Nexus Books. Your statutory rights remain unaffected.
LINKS TO OTHER SITES You agree that we shall not be responsible or liable in any way for the content, advertising or products or services available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. You may only link to the Virgin Books website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which we think is inappropriate.
INTELLECTUAL PROPERTY RIGHTS You agree that the content, software, data and information contained in or otherwise made available through our site or the other Virgin sites and any information provided by Virgin Books is for your personal use only and may not be used for commercial purposes or distributed commercially without the permission of Virgin Books. You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on Virgin Books or the underlying software code whether in whole or in part. All intellectual property rights, including without limitation copyright, in content provided to you by us on the site, is owned by us (or is expressly licensed to us). You may only make a copy of this content for your personal non-commercial use provided that you retain all copyright and other proprietary notices contained in the materials and you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the content provided by us in any way without our prior written consent.
VAT
CHANGES TO THESE RULES
PRIVACY
GENERAL In the event that any of these terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining terms. Last updated: May 2006 © 2006 Virgin Books Limited. All rights reserved. |
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