Hellmann’s Fridge Night App Terms of Use
The Hellmann’s Fridge Night App (App) is provided for your information and entertainment, and we hope you enjoy using it. Please make use of its various features, but please be aware that your use of the App is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use the App. If any future updates to these terms require any action for you in order to accept the updated terms, then you may not be able to continue to use the App until you have taken such action.
The Hellmann’s Fridge Night App is a resource which helps users with ways to reduce their household food waste and inspires users with recipes using food available in their households. There are five challenges within the app:
Challenge 1: (helps track your food waste): Here you submit the estimated amount of food wasted in your household over the last week.
Challenge 2-5 (can only be completed weekly over the course of 4 weeks): After the first challenge you set a day of the week to be your “Fridge Night” where the App reminds you to use a flexible recipe (“Flexipe”) from the app or your own Flexipe to use up the food you already have in your fridge. You can upload images of your Flexipes to the app. This is not mandatory but any images uploaded will become property of Unilever as per Clause 11.
For every challenge that will be completed on the App there will be a Meal Donation by Unilever to the charity Fareshare as well as a redeemable Coupon for the users:
1. Ownership and Operation
2. Agreement to Be Bound; Termination
3. Fridge Night Challenge Rewards
4. User Accounts
5. Continuing Agreement
6. Ownership and Use of the Service and Site Materials
7. Downloaded Software
8. Mobile Devices
9. Privacy
10. User Code of Conduct
11. User Content
12. Promotions/Competitions
13. Geographic Scope of Site
14. Links to Other Sites
15. CONTENTS OF THIS SERVICE - DISCLAIMER
16. OPERATION OF THIS SERVICE - DISCLAIMER
17. LIMITATION OF LIABILITY
18. Limitations as to Paragraphs 14, 15 and 16
19. Indemnification
20. Jurisdiction and Applicable Law
21. Severability
22. No Waiver
1. Ownership and Operation
This App and its related services and applications (collectively, this "Service") is being offered by Unilever UK Limited. ("Unilever" or "we"), which is a member of the Unilever group of companies (registered office at Unilever House, Springfield Drive, Leatherhead, KT22 7GR). For more information on the Unilever companies and their product brands, click here. Unilever may, in its sole discretion and at any time, modify, suspend, or discontinue this Service or specific portions of it.
You can access the latest version of these terms at any time at https://www.hellmanns.com/uk/fridge-night/app-terms-and-conditions.html. We reserve the right to make changes to these terms at any time and your continued use of the App after the terms have been updated shall confirm your acceptance of the updated terms.
For use of the App, you agree that you are at least 16 years old.
2. Agreement to Be Bound; Termination
Your access to and use of this Service constitutes your agreement with Unilever to be bound by, and to act in accordance with, these Terms of Use. From time to time, Unilever may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.
You may terminate your use of this Service at any time. Unilever may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Unilever in its sole discretion, or (ii) for any other reason in Unilever's sole discretion. Unilever may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Unilever upon enrolment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Unilever shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.
3. Fridge Night Challenge Rewards
For every Fridge Night challenge that will be completed on the App there will be a Meal Donation by Unilever to the charity Fareshare as well as a redeemable Coupon for the users.
Meal Donation (“Donation”): for every user who completes a challenge in the App (total challenges = 5), Unilever will donate a meal to the value of 25p on the user’s behalf to the charity Fareshare. From 25/08/2022 until 24/08/2023 and within the United Kingdom of Great Britain and Northern Ireland a guaranteed minimum donation payment of £2,000.00 (equating to 8,000 meals) and a maximum donation of £2,500 (equating to 10,000 meals) plus any applicable VAT has been agreed between Unilever and Fareshare. The final Donation shall be based on overall number of challenges completed by App users. The value of each meal is set by Fareshare and is subject to change. Refer back to these terms and conditions for the latest information.
In addition to the Donations set out above, users are entitled to receive digital coupons (“Coupon”): To claim a digital Coupon you will need to complete one of five Fridge Night Challenges. Coupon value will differ by challenge and will be subject to its own set of terms and conditions. Once the challenge has been completed, you will receive an email at your registered email address with a link to the digital coupon and the relating Coupon terms and conditions. Once you receive the digital Coupon link via email you will have 90 days from the time of receipt of the digital coupon link in which to use the coupon before it expires. To use the coupon in participating stores you will need to click the link in the email and select “unlock”. Once the Coupon is unlocked you will have 20 minutes in which to use it. Only unlock the coupon once you are at the tills and ready to pay to avoid coupon expiry and disappointment. This promotion is open to residents of the UK aged 18 or over except employees of the Promoter, their families, agents or anyone professionally connected with the promotion. The Coupon is only redeemable at participating stores as stated in the coupon terms and conditions and subject to Hellmann’s product availability. Full terms & conditions available upon receipt of Coupon.
4. User Accounts
If you register an account on the App (an "Account"), you:
o must not allow any third party to access the App using the email address you provided during the registration process ("Log-in ID") and password;
o are prohibited from using anyone else's Log-in ID and password to access the App;
o are responsible for any use of the App by any third party who accesses the App using your Log-in ID and/or password;
o will notify ukicare@unilever.com immediately if you suspect any unauthorized use of the App or of your Log-in ID and/or password; and
o are responsible for ensuring that any information that you provide to Unilever as part of the account registration process is accurate and is kept up to date at all times, and you will notify Unilever immediately of any changes to this information.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the App. You should ask your mobile service provider or internet service provider if you are unsure what these charges will be, before you access and/or use the App.
Unilever will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details confidential, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for any consequences of this.
Unilever will not be responsible to you for any loss that you may suffer as a result of an unauthorised person accessing your account and/or using the App and Unilever accepts no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
5. Continuing Agreement
Unilever may change or revise these Terms of Use from time to time so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.
6. Ownership and Use of the Service and Site Materials
All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, “Materials”), are owned by Unilever and its licensors. Unilever also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, “Trademarks”).
Unilever grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable license to access and use this Service (including any Materials) and to download the App once on to any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Unilever may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.
No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download the App to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Unilever in its sole discretion.
Any modification of the Materials or use of the Materials for any other purpose is a violation of Unilever’s or its licensors’ copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Unilever’s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Unilever, is strictly prohibited. All rights not expressly granted to you are reserved by Unilever or its licensors.
7. Downloaded Software
From time to time Unilever may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the “Software”). You do not own the downloaded software, and Unilever does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. Unilever retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to English law. If you download Software from this Service, you represent and warrant to Unilever that you are not acting in violation of English laws.
8. Mobile Devices
If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Unilever makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Unilever will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
9. Privacy
For information on how Unilever uses and protects your personal information, please read the Unilever UK Privacy Notice at https://www.unilevernotices.com/privacy-notices/united-kingdom-english.html. By using this service, you agree to the terms of the privacy notice.
10. User Code of Conduct
In using or accessing this Service, you agree, without limitation:
not to use this Service in breach of these Terms of Use;
not to use this Service for commercial purposes;
not to “spam” others or “phish” for others’ personal information;
not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
not to use, frame or utilise framing techniques to enclose any part of this Service without Unilever’s express prior written consent;
not to use meta tags or any other “hidden text” utilising any Trademark without Unilever’s express prior written consent;
not to use and exploit the link to this Service ("Deeplink") without Unilever's express prior written consent;
not to create or use a false identity on this Service;
not to collect or store personal data about others;
not to attempt to obtain unauthorised access to this Service or portions of this Service that are restricted from general access;
not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and
not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions.
In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Unilever.
You agree to immediately notify Unilever if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify Unilever, or we otherwise suspect such activity, you agree to cooperate with Unilever in any investigation and to use any prevention measures we prescribe.
11. User content
Certain parts of the Service may permit you to submit post, transmit or upload content created by you ("User Content"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.
In connection with User Content, you agree that you will not submit User Content that:
include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
contain advertisements or solicitations of any funds, goods or services;
is a communication by a user impersonating another user;
contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content to Unilever through this Service, whether solicited or unsolicited, you agree that you are granting Unilever, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Content for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.
No credit, approval or compensation is due to you for any such Use of User Content you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Content), in connection with broadcast, print, online or any other Use of your User Content. All User Content become the unrestricted licensed property of the Licensed Parties.
By submitting, posting, transmitting or uploading User Content through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Content and copies as the Licensed Parties deem necessary to facilitate the Use of the User Content.
You represent and warrant that neither the User Content, nor the Use of the User Content as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Content. All User Content must comply with the User Code of Conduct set forth above.
Although the Licensed Parties are under no obligation to review or monitor User Content, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Content, in whole or in part, for any reason or for no reason. Unilever also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Unilever does not have any obligation to use or respond to any User Content. The Licensed Parties have no control over whether such User Content are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Content.
If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by emailing ukicare@unilever.com Please provide as much detail as possible, including a copy of the underlying material, the location where Unilever may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal; Unilever will only remove User Content if Unilever believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Unilever assume any liability for failing to either monitor or remove specific User Content.
Unilever will fully cooperate with any law enforcement authorities or court order requesting or directing Unilever to disclose the identity of anyone posting User Content that violate these Terms of Use or any law or regulation. Unilever may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Unilever, its customers or the public.
12. Promotions/Competitions
Any sweepstakes, contests, competitions, games and/or promotional offers accessible on this Service are governed by specific terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and terms and conditions. It is critical that you read the applicable rules and terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and terms and conditions and these Terms of Use, the rules and terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and terms and conditions applicable to your participation in such feature(s) on those third party sites.
13. Geographic Scope of Site
Unilever controls and operates this Service from within the United Kingdom. Unless otherwise specified on or by this Service, this Service is intended to promote only those Unilever products that are sold by Unilever in the United Kingdom, and Unilever makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations.
14. Links to Other Sites
For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by Unilever ("Third Party Site"). Unilever has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Unilever may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Unilever to, or an endorsement by Unilever of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Unilever is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any Unilever products through a social network platform, including through links provided by Unilever through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Unilever, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
15. CONTENTS OF THIS SERVICE - DISCLAIMER
THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNILEVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. UNILEVER UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. UNILEVER IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND UNILEVER DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, UNILEVER CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, UNILEVER IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF UNILEVER OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
16. OPERATION OF THIS SERVICE - DISCLAIMER
UNILEVER ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, UNILEVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT UNILEVER) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
17. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL UNILEVER, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "UNILEVER PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE UNILEVER PARTIES SHALL NOT BE LIABLE EVEN IF UNILEVER OR A UNILEVER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
18. Limitations as to Paragraphs 14, 15 and 16
Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Unilever Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.
19. Indemnification
You hereby agree to defend, indemnify and hold the Unilever Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable legal fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.
20. Jurisdiction and Applicable Law
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, or otherwise) will be governed by and construed in accordance with English law. Users hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.
21. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, Unilever and Users shall amend that provision in such reasonable matter as achieves the intention of both parties without illegality or, at the discretion of Unilever, it may be severed from this Terms of Use and the remaining provisions of this Terms of Use shall remain in full force and effect.
22. No Waiver
No waiver by Unilever or any of the provider's obligations under this Agreement shall be deemed effective unless made by Unilever expressly in writing nor shall any waiver by Unilever in respect of any breach be deemed to constitute a waiver of or consent to any subsequent breach by the provider of its obligations.