TERMS OF USE

WEBSITE TERMS OF USE

Ferrero UK Limited ("Ferrero," "we," or us") is the owner of the content on and operator of www.tictacuk.com and microsite accessed through the aforementioned website (the "Site"). Please be advised that Ferrero UK Limited is not responsible for any other website maintained by other companies in the Ferrero Group.

1. Acceptance of Terms of Use. Your access to and use of the Site are subject to the following terms of use ("Terms of Use"). By accessing or using the Site, you agree to be bound by these Terms of Use and to comply with all applicable laws. If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Site. Ferrero may revise these Terms of Use at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. In addition, certain of the Site may contain additional terms that govern particular features or offers (such as prize draws) ("Program Terms") along with the following additional terms that also apply to your use of our Site:

•    Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

•    Our Cookie Policy, which sets out information about the cookies on our site.

2. Content and Intellectual Property Ownership; Conditional Use of Content. The content and all other materials on the Site, including, without limitation, the copyrights and other intellectual property rights in the artwork, graphics, photographs, text, video and audio clips, trade marks and logos available on the Site (collectively the "Content") are owned by Ferrero and/or its affiliates and protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trade marks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with any Content contained on the Site. In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. User Conduct/Acceptable Use Policy. A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. Ferrero expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in Section 18.

You are solely responsible for the content, information, and other materials that you post on a Site, submit to a Site, or transmit to other users (including, but not limited to, creative ideas, suggestions, and feedback/information on Ferrero's products and services) ("User Generated Content") and agree that you will not hold the Released Parties responsible or liable for any content, information, or materials from other users that you access on a Site.
Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:
•    is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;
•    infringes or violates another party's intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on a Site);
•    violates any party's right of publicity or right of privacy;
•    is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
•    is inaccurate, false, or misleading in any way;
•    is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person's copyrighted work or links to said work, or provides information to circumvent any security measure;
•    contains "masked" profanity (i.e., F@&#);
•    contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
•    contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

We may review, edit, or delete content and materials that you or others send or post to a Site, but are not obligated to do so.
You understand that when using a Site, you will be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on a Site. Further, you may not use any such automated means to manipulate a Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell the use of, or access to, a Site to any third party.

4. Ownership of Material You Send, Post, Submit, or Transmit; Submissions. From time to time, Ferrero may ask that you send, post, submit, or transmit to a Site, User Generated Content. Any User Generated Content that you send, post, submit or transmit is and will be deemed and treated as non-confidential and non-proprietary by Ferrero. Such User Generated Content, upon being transmitted to Ferrero, shall immediately become the property of Ferrero and Ferrero shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights). Furthermore, Ferrero and its affiliates, shall be free to use such User Generated Content, without restriction, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing products, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and shall further be entitled to reproduce, disclose, transmit, publish, broadcast, or post in any medium, or edit, modify or delete all or any part of any User Generated Content. Ferrero shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Ferrero uses or activities.

Notwithstanding the foregoing, Ferrero maintains a policy of not accepting or considering creative ideas, suggestions or materials from the public ("Submissions") and therefore, you should not make any Submissions to Ferrero in any communications through this Site or otherwise. If you do send us a Submission, despite the aforementioned request not to do so, then such Submission shall immediately become the property of Ferrero, Ferrero shall exclusively now and hereinafter own all rights, title and interest therein, and such Submission shall be subject to the terms and conditions set forth in this Section 4 above (including without limitation the freedom to use any Submissions for any purposes whatsoever and without any compensation or other liability to you).

5. Links to Other Site. A Site may contain links to other website that are not owned, operated, or maintained by us. You should note when you leave a Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also independently asses the authenticity of any website which appears or claims that it is one of our Site (including those linked to through an email). Despite any links that might exist on s Site, we do not control, recommend, or endorse and are not affiliated with these website or their content, products, services, or privacy policies. Viewing any third party site is at your own risk. Downloading material from certain website may risk infringing intellectual property rights or introducing viruses into your computer system.

6. Promotions and Offers. From time to time, we may run a promotion (e.g., competitions, prize draws, instant win game, etc.) or an offer on a Site ("Promotion"). Any Promotion set forth on a Site shall be void where prohibited and subject to the posting of any official rules relating to such Promotion. Each Promotion will have its own rules and conditions, which shall be in addition to the terms in these Terms of Use. Participation in any Promotion requires your acceptance of such rules and conditions.

7.  Privacy. The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we collect, use, disclose, and manage such information, please read our Privacy Policy and Cookie Policy, which also govern your use of our Site.

8. Disclaimer of Warranties/Limitation of Liability. YOUR USE OF A SITE IS AT YOUR OWN RISK. THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.  
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
•    use of, or inability to use, our site; or
•    use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:
•    loss of profits, sales, business, or revenue;
•    business interruption;
•    loss of anticipated savings;
•    loss of business opportunity, goodwill or reputation; or
•    any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9. Viruses. We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

10. Linking to our Site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our terms of use.

If you wish to make any use of content on our site other than that set out above, please contact consumers.uk@ferrero.com.

11. Applicable Law. These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

12. Severability. If any term or provision of these Terms of Use shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

13. Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

14. Contact Information. Should you have any questions or comments regarding the Site or these Terms of Use, you may contact us by using our online form available on http://www.ferrero.co.uk/our-company/contact-us (click on the "Contact US" link) or at the following:

Ferrero UK Limited
Attn: Consumer Affairs - Terms of Use
889 Greenford Road,
Greenford,
UB6 0HE
United Kingdom

Email: consumers.uk@ferrero.com
Tel. 020 3135 0750

© 2015 Ferrero UK Ltd. All rights reserved.