The provisions of this clause 5 relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the Ennisance EU Terms and Conditions for Online Product Sales).
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our Site; or
· use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue; business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You may use our Site only for lawful purposes. You may not use our Site:
· In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors’ fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Submission of information
The trade marks, logos and service marks, and designs (“Intellectual Property”) displayed on our Site are the registered and unregistered marks or designs of Ennisance, our affiliates, our licensors and/or our suppliers held, inter alia, in the EU, UK, USA, China, Japan, Hong Kong, Korea, and other countries and are protected by Swedish and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.
User generated material
By submitting ideas, designs, customizations, creative concepts, or any other information (“User Generated Material”) to this Site (or to our accounts on any Third Party Sites), you understand that this may sometimes qualify as giving rise to ownership of intellectual property rights. You accept and agree that you assign all ownership of any potential intellectual property rights and other rights in the User Generated Material to Ennisance. To the extent such transfer is not valid, you grant Ennisance, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.
All User Generated Material shall be deemed to be non-confidential. Ennisance shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Ennisance or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Ennisance or any part of its group.