Terms & Conditions: Haymarket Media User Agreement

1. General

1.1 This agreement (“Agreement”) governs your use of the website and mobile applications operated by Haymarket Media Inc, is part of the Haymarket Media Group Ltd and its global network ("Haymarket"), and the related services (collectively, the "Service"). Haymarket’s Privacy Policy, and additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this "Agreement." Your registration, subscription or use of this Site or mobile application or mobile application indicates your acceptance of these terms.

1.2 Haymarket reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Haymarket as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.

1.3 The Service is directed to adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. Haymarket Media complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for the Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated by Haymarket.

By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the "Member Profile") must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the "my account" option on the site.

You agree to pay the Subscription Fees and any other charges incurred in connection with your username and password at the rates in effect when the charges were incurred. If you've elected to pay by credit card, we will bill all charges to your credit card upon receipt of subscription form.

If you believe someone has accessed the Site or mobile application using your user name and password without your authorization, you must contact PMD using the information located under "Contact Us".

If you are authorized to access PMD through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.

We will make reasonable attempts to contact you when your subscription is due to expire, and offer a simple process for renewing your subscription. If your subscription expires before you accept our renewal offer, your access to the Service and all of its services will terminate without additional notice. Any special offers or discounts obtained upon your initial subscription or any subsequent renewals may not necessarily be offered on renewal, and we reserve the right to change our subscription fees at any time without notice.

2. Use of Content

The Service provides general information only and does not constitute legal advice.

2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of Haymarket (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Haymarket or third parties. All Content on the Service is copyrighted as a collective work of Haymarket pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.

2.2 Except as expressly permitted in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.

You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express permission from the owner and content in the public domain (collectively, the "Material"). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Haymarket and its successors, assigns and licensees (collectively, "Licensee") a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the "License"), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee's rights under the License shall not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).

2.3 You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended ("Copyright Act") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.

It is your responsibility to check the accuracy or relevant facts and opinions given on the Site or mobile application before entering into any commitment based upon them.

3. Rules of Conduct

If you have purchased a subscription, the log in credentials are personal to the individual named on the account and cannot be shared with or used by any other individual, or entity. Subscribers can change the authorized person on the subscription account during the valid subscription period. The sharing of passwords, login information, or user identification is forbidden unless a multiple user agreement has been executed with Haymarket. We reserve the right to monitor Customer's use of the Service to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not the Service is accessed under the account from multiple source or IP Addresses.

The following is an incomplete list of illegal and prohibited uses of the Service. Haymarket may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, termination of your right to access the Service, and civil, criminal, and injunctive redress. While utilizing the Service, you may not:

4. Managing Content

Haymarket reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Service) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, Haymarket does not and cannot review all of the Content posted by users on the Service and is not responsible for such Content. You shall remain solely responsible for all Material. Although Haymarket reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.

Additionally, Haymarket shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

5. No Endorsement

5.1 Haymarket does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Haymarket.

5.2 The Service may contain links to Site or mobile applications on the Internet which are owned and operated by third parties (the "External Site or mobile applications"). You acknowledge that Haymarket is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.

6. Indemnity

You agree to indemnify, defend and hold Haymarket and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Haymarket Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any Haymarket Party in connection with any Material or with use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you. Haymarket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Haymarket's defense of such claim.

7. Termination of Service

For Compliance Week and Pharmaceutical Marketers Directory subscribers, upon commencement of a Subscription, no refund of Subscription Fees or any portion thereof will be given under any circumstances. Haymarket reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the Service at any time, for any reason, by emailing Haymarket at custserv@haymarketmedia.com. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. Haymarket may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.

8. Copyright Policy

You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the editor of the product located in the "About Us" or "Contact Us" sections of the website or mobile application with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website or mobile application; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.

9. Disclaimer of Warranties; Limitation of Liability.

9.1 NEITHER HAYMARKET NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HAYMARKET, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF HAYMARKET, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER HAYMARKET NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that Haymarket is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another's rights.

Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.

9.2 NEITHER HAYMARKET, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Site or mobile application, Site or mobile application-RELATED SERVICES, AND/OR HYPERLINKED WEB Site or mobile applications IS TO STOP USING THE Site or mobile application AND/OR THOSE SERVICES.

9.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Haymarket, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

10. Member Disputes

You are solely responsible for your interactions with other Members of the Service. Haymarket reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12. Links

Some of the pages on the Site or mobile application include links to external website or mobile applications. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for Haymarket owned links, Haymarket is not responsible for the content of these internet Site or mobile applications.

13. Viruses

While efforts have been taken to ensure that the pages on the Site or mobile application are free from viruses, Haymarket gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software. Haymarket excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Haymarket or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of: the pages on the Site or mobile application or any other Internet Site or mobile applications; any material downloaded from the Site or mobile application or any other Internet Site or mobile applications; any publication, product or service.

14. Miscellaneous; Jurisdiction of Disputes

This Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and Haymarket each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the "Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.


Haymarket Media Group Ltd-UK and International Terms & Conditions

1. Introduction

1.1. This website is operated by Haymarket Media Group Limited (Haymarket) Registered in England no. 00267189 Registered Office: Bridge House, Twickenham, TW1 3QR. Please read our Privacy Policy and our Cookie Policy in conjunction with these Terms and Conditions.

1.2. Your use of the Website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.

1.3. Additional terms shall apply:

1.3.1. to any purchases you make through the Website;

1.3.2. to any booking you make through the Website; and

1.3.3. where you are given an opportunity to place advertisements for goods or services on the Website.

2. Copyright

The copyright and all other rights in the material on the Website are owned by Haymarket or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Haymarket.

3. Prohibited use

You agree not to use the Website:

4. User Generated Content

4.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:

4.1.1. grant Haymarket the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;

4.1.2. warrant to Haymarket that all such content complies with the provisions of Clause 3; and

4.1.3. acknowledge that Haymarket may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Haymarket.

4.2. Haymarket reserves the right (but not the obligation) at its sole discretion to refuse, review edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Haymarket will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Haymarket is aware of it. If you object to the publication of any material placed on the Website please contact Haymarket using the contact details shown in our Privacy Policy and we will take whatever action we deem appropriate.

4.3.

4.4. Haymarket accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.

5. Use of Software

5.1. Copyright in any software that is made available for download from the Website and/or the Haymarket Materials belongs to Haymarket or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.

6. Links to other websites

6.1. You may link to the Website but strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:

6.1.1. you do not create a frame or any other browser or border environment around the Website;

6.1.2. you do not in any way imply any endorsement by Haymarket other than with its written consent or misrepresent your relationship with Haymarket;

6.1.3. you do not use any logos or trade marks displayed on the Website without the express written permission of Haymarket;

6.1.4. you do not link from a website that is not owned by you; and

6.1.5. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

7. Trade Marks

7.1. All Haymarket trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Haymarket and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of Haymarket other than for the purpose of referring to Haymarket and its associated brands lawfully and in good faith (only).

8. Registration

8.1. To access certain parts of the Website, Haymarket may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:

8.1.1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data"); and

8.1.2. maintain and promptly update the Registration Data to keep it fully up to date.

8.2. Where information (including sensitive financial or personal information) is provided to Haymarket (whether directly through the Website or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to Haymarket it uses encryption software to attempt to prevent unauthorised access to this information being obtained. However, Haymarket cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of Haymarket or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to Haymarket directly through the Website or otherwise. The provision of personal information by you and use of it by Haymarket is subject to Haymarket’s Privacy Policy.

8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

8.3.1. maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;

8.3.2. immediately notify Haymarket if you become aware of any unauthorised use of your user name and password or any other breach of security by sending an appropriately worded email to the contact details shown in our Privacy Policy

8.3.3. ensure that you exit from your website account at the end of each session. Haymarket cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.

9. Disclaimer

9.1. Whilst Haymarket endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.

9.2. You acknowledge that whilst Haymarket endeavours to ensure that information on the Website and any related material provided to you by Haymarket, whether by email or otherwise (“the Haymarket Materials”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Haymarket. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Haymarket or any of its brands and that the Haymarket Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.

9.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Haymarket. No liability shall be accepted by Haymarket for any inaccuracy or omission in the information provided on the Website or the Haymarket Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.

9.4. Haymarket will use reasonable endeavours to ensure that the Website and the Haymarket Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Haymarket excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the Haymarket Materials.

9.5. Haymarket will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.

9.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Haymarket has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Haymarket therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Haymarket gives no warranty that links to third party sites on the Site shall be marked as such.

9.7. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and Haymarket will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Haymarket are responsible for their conduct or any contracts that you enter into with them.

9.8. The Website may from time to time contain advertising and sponsorship. Haymarket is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Haymarket can provide no warranty that it will not take advertisements or sponsorship from your competitors.

10. Suspension of access to the Website and User Indemnities

10.1. If, for any reason, Haymarket believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.

10.2. Without prejudice to the provisions of Clause 10, you agree to compensate Haymarket in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Haymarket Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.

11. Limitation of Haymarket’s Liability

11.1. Haymarket will not be liable to you for any loss or damage caused by Haymarket or its employees or sub-contractors in circumstances where:

11.1.1. there is no breach of a legal duty of care owed to you by Haymarket (or its employees or sub-contractors); or

11.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or

11.1.3. in respect of any increase in the loss or damage resulting from your actions.

11.2. Nothing in these Terms & Conditions shall exclude or limit Haymarket’s liability for:

11.2.1. death or personal injury caused by the negligence of Haymarket and/or its employees negligence; or

11.2.2. fraudulent misrepresentation by Haymarket and/or its employees.

12. Competition terms and conditions

These rules (the “Rules”) apply to all prize promotions including free draws, prize competitions and instant win offers unless otherwise stated on the Website. Depending on the nature of the competition there may be additional rules imposed by us (or selected third parties) and each such offer may be subject to its own express terms and may not be available in all jurisdictions.

12.1. All entrants to a Promotion must be at least 18 years of age at the date of entry and comply with any further age and/or other eligibility requirements set out in the Rules (eg in relation to residency and (where the prize includes travel outside the United Kingdom and/or car hire) holding a valid passport, visa and/or driver’s licence). Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Haymarket.

12.2. Only one entry per person and per household is permitted, spammers will be disqualified and automated entries are not permitted and will be disqualified.

12.3. All entries must be made in accordance with the Rules and must be received by Haymarket by the closing date. Entries made otherwise shall be invalid. Haymarket accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.

12.4. Haymarket and the promoter reserve the right at its sole discretion to (without prior notice): 12.4.1. cancel the Promotion; and/or 12.4.2. to substitute the prize for another prize of equal value.

12.5. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.

12.6. By entering the prize draw, the entrant agrees to be bound by the Rules and by any other requirements set out in the promotional material accompanying the promotion.

12.7. By entering the promotion, the entrant agrees to these Terms & Conditions, our Privacy Policy and our Cookie Policy. In addition, Haymarket may pass your personal information to the promoters and their data processors. However, we will always take all appropriate steps to protect your information.

12.8. Prize-winners will be notified in writing within 6 weeks of the applicable closing date (or such other timeframe as is indicated on the Website). If a prize-winner fails to respond to claim his/her prize within 14 days of receipt of the notification, Haymarket shall be entitled to select an alternative prize-winner. In such circumstances Haymarket shall use reasonable endeavours to notify the alternative prize-winner within nine weeks of the closing date (or such other timeframe as is indicated on the Website).

12.9. Prize draws are open to all residents of the UK, except employees of Haymarket (and its subsidiaries), the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.

12.10. Haymarket’s decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received. 12.11. Haymarket will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.

12.12. Prize-winners will receive their prize within 6 weeks of notification unless otherwise specified on the Website. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.

12.13. Haymarket will not be liable if a prize does not reach a prize-winner for any reason outside the control of Haymarket or if a prize is damaged during delivery.

12.14. It is your responsibility to ensure that when entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.

12.15. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.

12.16. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.

12.17. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on the Website at any time.

12.18. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc) are, unless otherwise specifically stated, the sole responsibility of the prize-winner.

12.19. Other than for death or personal injury arising from the negligence of Haymarket, Haymarket hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with any competition or any aspect of the prize.

12.20. The promotional draw is held by Haymarket.

13. Variation of these Terms & Conditions of Use

13.1. Haymarket reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in October 2014.

14. General

14.1. These Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless Haymarket shall elect to bring proceedings in the courts of the country of the user's residence or of principal place of business.

14.2. These Terms & Conditions, as varied by Haymarket from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.

14.3. No delay or indulgence by Haymarket in enforcing the provisions of these Terms & Conditions shall affect Haymarket’s rights under them nor shall any waiver of Haymarket’s rights operate as a waiver of any subsequent breach.

14.4. No right, power or remedy conferred upon or reserved for Haymarket is exclusive of any other right, power or remedy available to Haymarket provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.

14.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.

14.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.

14.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.