Disclaimer

Terms of use of mothercareplc.com

General

www.mothercareplc.com (the "Site") is owned and operated by Mothercare plc ("we", "our" or "us").

Mothercare plc is a public limited company registered in England and Wales with company number 01950509 and having its registered office at Westside 1, London Road, Hemel Hempstead, HP3 9TD. Our VAT registration number is 440 6445 66.

Use of the Site and the use of any information or other material which appears on it (the "Contents") are governed by the terms contained in this document (the "Terms of Use") and in any other legal documents and notices on other areas of the Site (together with the Terms of Use, the "Terms and Conditions").

By using the Site you agree to the Terms and Conditions. If you do not agree to the Terms and Conditions, you should exit the Site immediately.

We reserve the right to change these Terms of Use from time to time without prior notice, so please take time to read them carefully each time you visit the Site. If you have any questions regarding the Site or the Terms of Use, please email us at [email protected].

Accessing the Site

We make every effort to provide reasonable access to the Site. However, we cannot guarantee that the Site will operate continuously, without interruptions or be error-free. We also cannot guarantee or warrant that the Contents will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for employing sufficient measures and virus checks (including anti-virus and other security checks) to satisfy your requirements for safety and reliability of data.

You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt the Site.

Contents of the Site

The Contents of the Site are published solely for the purpose of providing general information about the Mothercare Group. We have used reasonable endeavours in the preparation of the Contents of the Site. These are published by us in good faith and have been taken from, what we believe are, reliable sources. However, we cannot confirm that we have verified all of the Contents and we therefore cannot represent that the Contents are accurate, complete or fair – the Contents should not be relied on as such.

To the extent permitted by law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the Contents and we do not accept any liability for loss or damage arising from any inaccuracy of the Contents, omission of information or generally the use of or reliance on the Contents. The Contents and, in particular, any opinions or estimates contained in the Site are subject to change by us without notice.

The Contents do not constitute advice, any offer to sell or invitation to buy. Similarly, they do not constitute investment advice in respect of securities (of Mothercare plc or any others) and must not be relied upon in connection with any investment decision. Prior to making any decision to invest, or exercise any right attaching to a share or other security, you should seek appropriate legal advice and contact a stockbroker or independent financial adviser (who are qualified and/or authorised in your country of residence). Potential investors should note that the value of any investments (in Mothercare plc or any other entity) and the potential income from those investments may fall as well as rise and, therefore you may not get back the amount originally invested.

Ownership of rights

Please note that the Contents are protected by copyright and other intellectual property rights. Such intellectual property rights are owned by a member of the Mothercare Group or used with the permission of the rights of the owner. You may download the material on the Site to your personal computer or make one hard copy print only for the purposes of:

  1. your own internal research-related use within your commercial organisation (provided you retail all copyright and proprietary notices); or
  2. your own personal, non-commercial use.

If you make a permitted copy, redistribute or publish any of the copyright works, you shall not change or delete any author attribution, trade mark legend or copyright notice. You also acknowledge that you do not obtain any rights by downloading the material.

Except for the above purposes, the material on the Site may not be copied, reproduced, modified, published, transmitted, distributed or displayed, by any means, without our express prior written consent. Requests for such consent should be addressed to the Company Secretary at our registered office address (provided above).

© Mothercare plc 2008. Mothercare is a registered trade mark. You agree not to display or use it in any manner without our prior written consent in writing.

Hyperlinking

Certain (hypertext) links on the Site will lead to other web sites which are operated by other organisation and are not under our control. When you activate any of these you will leave the Site and, therefore, we give no endorsement of the contents on such sites nor accept responsibility or liability in respect of the same, any products or any services offered through such web sites.

You may not link from another internet site to any page on this Site and you may not load this Site into frames or otherwise display it on or through another internet site, without our prior written consent.

Exclusions of liability

In so far as permitted by law, we accept no liability and offer no warranties or conditions in relation to this Site or any of the Contents.

If you are a consumer and not a business user, we will not be liable to you for any business related damages and may only be liable for losses which can be reasonably foreseen. If you are a business user, we exclude all direct and indirect losses to the fullest extent permitted by law and, in particular, we will not be liable to you for any consequential losses, loss of profit, revenue or goodwill arising from your use of, or inability to use, the Site or the Contents.

The exclusions of liability expressed in the Terms and Conditions shall not apply to any damages arising from death or personal injury caused by our negligence (or any person for whom we are responsible) and shall not apply to any other liabilities, the limitation or exclusion of which is prohibited by law.

These disclaimers and exclusions of liability are governed by and construed in accordance with English law. If any provisions of these disclaimers and exclusions are deemed unlawful, void or for any reason unenforceable then that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions.

Use of Site from outside the UK

The viewing of the Site is solely for the purposes of promoting our products and services in the United Kingdom and may not be lawful in certain jurisdictions. If you are resident outside of the United Kingdom and wish to view the Site, you must first satisfy yourself that you are not subject to any local legal requirements which prohibit or restrict you from doing so. If you are not permitted to view the Site, or are in any doubt as to whether you are permitted to view the Site, you must exit the Site.

Non-waiver, non-assignment, severability and jurisdiction

Failure by us to enforce a right does not result in waiver of such right.

You may not assign or transfer your rights under the Terms and Conditions. Only you and us have the right to enforce any provisions under the Terms and Conditions.

If any provisions of the Terms and Conditions are deemed unlawful, void or for any reason unenforceable then that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions.

The Site is established in England and the Terms and Conditions shall be governed and construed in accordance with English Law. When you use the Site you accept that your use thereof shall be governed by the laws of England and if any dispute arises as to your use of the Site, you agree to allow such dispute to be heard in the English courts.

Emails

If you receive an email from Mothercare plc or its subsidiary undertakings* (“Mothercare”) in error (whether its content is confidential or not), please could you let us know by return email to the original sender, and then immediately and permanently delete it and any attachments.

The contents of any email and attachments are intended solely for the recipient and may contain confidential information and be subject to legal privilege.

Unless otherwise stated, the contents of any email are subject to contract and are not an official statement and do not necessarily represent the views of Mothercare. Please note that Mothercare cannot accept any responsibility for any viruses contained within any email and it is the recipient’s responsibility to scan any emails and attachments. Mothercare may monitor email traffic data and also the content of emails for effective operation of the email system or for security purposes.

*Mothercare Plc (company no. 01950509) includes Mothercare Global Brand Limited (company no. 12243944), each of which are registered in England and Wales with registered office at Westside 1, London Road, Hemel Hempstead, HP3 9TD, United Kingdom.

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