Terms and conditions

Important
By accessing this Site, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this Site.

Definitions
"You" means the user of the Site, "we", "us" and "our" means The Mystery Duck and any associated and subsidiary companies, or websites. "Site" means the site on the World Wide Web located at www.mysteryduck.co.uk or www.mysteryduck.com, and "Content" means the information and other material available within the Site. "Services" mean those functions provided by the Site as described in detail below.

Rights granted/rights reserved
The Content is for your personal use only and you may download and store the Content onto the storage system of one device at any one time. You agree not to (and agree not to help or in any way facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content or the Site without the prior written agreement of the Mystery Duck or its approved agents.

Availability of the website
You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site at any time.

Where the Services and Content of the Site may become limited or unavailable we undertake to make You aware of this if practicable.

No warranty
The Site, the Content and its Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Site, the Content or its Services, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content and Services may be supplied to us (directly and indirectly) by third parties and accordingly we cannot offer any warranty regardless of nature in relation to such Content or Services.

Liability
In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or the Services or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.

Your statutory rights in relation to any goods or services purchased through the Site are not affected.

Use of Services
You agree to use the personal web pages, message or communication facilities (collectively the Services) contained on the Site only to communicate information that is appropriate and related to that Service and agree to use the Site and its Services in accordance with all relevant laws and not for any illegal purpose. You agree that when using a Service, you shall not do any of the following:

Upload, or link to, any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, menacing in character, racially, ethnically or otherwise objectionable; likely to cause annoyance, inconvenience or needless anxiety.

Upload, or link to, any content that contains any malicious or potentially defamatory or libellous information or comments about any individual, company or organisation.
Falsely impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
Upload, or link to, any content containing any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Upload, or link to, any content containing any computer viruses, macro viruses, trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Use any Service or other part of the Site in a way that may cause the operation of same to be interrupted, damaged, rendered less efficient or impaired.
Inappropriately upload, or link to, any content which advertises or offer to sell commercially any goods or services or conduct or forward surveys, contests, or chain letters. You agree that if you do post advertisements or commercial messages you will be charged £300 for each one posted. Note: Linking to sites that sell product is a fundamental operation of the Mystery Duck services and is not included in this restriction.

Privacy
The Mystery Duck considers any communications transmitted via its Services to be the private correspondence between the sender and the recipient. The Mystery Duck will not monitor, edit, or disclose the contents of a user's private communications. The exceptions being that we may do so:

as required by law;
to comply with legal process;
if necessary to enforce our Terms and Conditions;
to respond to claims that such contents violate the rights of third parties;
to protect the rights or property of the Mystery Duck, or others; and
to identify or resolve technical problems or respond to complaints about its Services.
The Mystery Duck reserves the right at all times, for any reason, to withdraw any Services to any user.

You agree and understand that the Mystery Duck is not be liable in any way for content or messages created by users.

If you have a complaint about the use of the Services by any other user, please use the contact forms on the Mystery Duck website.

Intellectual property
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors.

You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.

We reserve the right (at our sole discretion) to require you to change any or all of the passwords used by you in connection with the Site.

You must inform us of any changes to the information you supplied when registering for the Site.

Personal information policy
We explicitly ask when we need information that personally identifies you ("Personal Information"). For example, if you wish to register as a member of the Site, we ask you for your name and email address. We may provide your Personal Information to necessary third-parties from whom you purchase products or services through the Site and to the sponsors of any competitions on the Site in which you participate.

We may, occasionally, use your Personal Information to inform you of new services, and products from us. We will not provide your Personal Information to other third parties without your positive agreement.

To make sure that your Personal Information for your member registration is correct and up-to-date, you should review and update your personal information regularly. You may also require us to delete the Personal Information we hold about you and if you wish us to do so, please notify us using the contact form on the Mystery Duck website.

If at any time you believe that we have not adhered to these principles, please notify us using the contact form on the Mystery Duck website, and we will use all reasonable efforts to determine and correct the problem promptly.

Purchase of goods or services from third parties
It is a fundamental operation of this Site that it contains hyperlinks to other web sites provided by other users. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites.

You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

Modification of these terms and conditions
We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

General
These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.