Terms of Use

Terms of Use

1. Definitions

“Account” means the access portal provided to an individual by Edenred UK where such individual has provided and submitted valid Details;
“Agreement” means the agreement between you and Edenred UK under which both parties agree to these Terms of Use;
“Contribution” means any comment or text inserted by a User into the Website functionality available to each User through an Account;
“Content”  means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials or services or Account structure presented through Website in the past, present or future;
“Details” means the contact details which you add to the Register Now page or subsequently provide to Edenred UK in writing concerning yourself;
“Edenred UK” or “we” or “us” means Edenred (UK Group) Limited trading as Edenred UK, a company registered in England and Wales number 540144, registered office 50 Vauxhall Bridge Road, London SW1V 2RS;
“Register Now page” means the on-screen page within the Website on which Users are able to provide personal information to Edenred UK
“Log In” means the log in facility available to Users who wish to access the Website through their own Account.
“Terms of Use” means these terms of use;
“User” or “you” means any individual who chooses to receive products or services   through the Website;
 “”Website” means the website provided by Edenred UK carrying the name and logo E.Hub, through which users receive information services.

2.  Your Agreement with Edenred UK

2.1  The Agreement constitutes a formal contract between you and Edenred UK in relation to your use of the Website, and to any products and services provided to you on or from or through the Website by Edenred UK.
2.2  The Terms of Use apply to all Users of the Website, including Users who are also contributors to the Content of the Website.

3.  Accepting the Terms

3.1  You may only access your Account or access the Content if you have read and you agree to the Terms of Use. You may not access your Account or the Content if you do not read and or do not accept the Terms of Use.
3.2  By submitting your details you are confirming your acceptance of the Terms of User for the services provided.
3.3 You may not use the Website or access an Account or the Content or accept the Terms if you are not of legal age to form a binding contract with Edenred UK, and/or you are a person who is either barred or otherwise legally prohibited from receiving or using the Website and accessing the Content under the laws of the country in which you are resident or from which you access or use the Website,
3.4 You will print the Terms of Use for your own use, or make a note of the version number to which you have agreed.

4. Changes to the Terms

Edenred UK reserves the right to make changes to the Terms of Use from time to time, whether as result of changes to applicable law or as a result of regulatory changes or changes to functionality offered through the Website.  The version number will be updated and displayed at the head of the Terms of Use document and against the on-screen link to the Terms of Use.
4.1 The User agrees to refer to the version number when accessing the Website and to inspect any modified Terms of Use.  If you do not agree to the modified Terms of Use you will not access your Account.  Your continued use of your Account after the date at which the modified terms are available will constitute your acceptance of those modified terms.

5. Website Registrations

5.1  When submitting your Details through the Website, you are registering your interest in the Website with Edenred UK and obtaining access to an Account.  You will provide only accurate and complete information, and will retain in a secure and confidential manner any and all access information provided to you by Edenred UK in respect of such registering of Account.
 5.2 You will promptly notify Edenred UK of any breach of security or confidentiality of your  registration of Account details which is known or becomes known to you.
5.3 You agree that you will be solely responsible all activity that occurs under your registration or Account.
5.4 You agree to receive emails or text messages from Edenred UK in respect of the topics, services and products referred to within the Website or otherwise promoted by Edenred UK.
5.5 You agree to Edenred UK providing you with an Account which incorporates the facility by which you can add Contributions to the Website,

6. General restrictions on use

6.1 In consideration of your accurate and complete provision of Details and your acceptance of these Terms of Use, Edenred UK grants you permission to access and use the Website and to access the Content through an Account.
6.2  When using the Website and or accessing the Content, you agree that: 

a)  you will not copy or distribute in any form whatsoever any part or parts of the Content in any medium without Edenred UK’s prior written authorization, unless Edenred UK makes available the means for such copying or distribution within the Website;
b) you will not alter or modify any part of the Website or any of the Content;
c) you will not access Content through any technology or means other than the pages of the Website itself or such other means as Edenred UK may explicitly designate for this purpose;
d) you will not (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that:

(i) prevent or restrict use or copying of Content or
(ii) enforce limitations on use of the Website or the Content;

6.3  You will not use the Website for any of the following uses unless you obtain Edenred UK’s written approval :

a) to attempt or effect the sale of access to the Content
b) to attempt of effect the sale of any Content
c)  to launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website and or Content in a manner that sends a greater quantity of request messages to the Edenred UK online servers or other technical facilities in a given period of time than a human being can reasonably produce in the same period by using a publicly available and unmodified web browser;
d) to collect or harvest any personal data from any User irrespective of whether such User has already submitted such personal data;
e) to effect the solicitation of business in the course of trade or in connection with a
    commercial enterprise;
f) to solicit, for either personal or commercial purposes, any Users with respect to their
    Content; and
g) to access Content for any reason other than your personal, non-commercial use
    solely as intended through and permitted by the normal functionality of the Website;

6.4  You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content without the prior written consent of Edenred UK or the respective licensors of the Content.
6.5  The parties recognize and support the fact that  Edenred UK  is constantly innovating in order to provide the best possible experience for Users.  The User acknowledges and agrees that the form and nature of the Website and or Content may change or cease from time to time without prior notice to the User.
6.6  You may stop using the Website at any time. You do not need to inform Edenred UK when you stop using the Website or stop accessing your Account or Accounts.
6.7 You agree that you are solely responsible for (and that Edenred UK has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Edenred UK may suffer) of any such breach.
6.8 Failure by the User to adhere to any one or more of these Terms of Use shall constitute a breach of the Terms of Use and Edenred UK shall be entitled to prevent your access to your Account at its own discretion.

7. Community Rules

7.1  Any personal information supplied to Edenred UK will be collected, stored and used in accordance with Edenred UK’s Privacy Policy which can be viewed through the Website.
7.2  As a User initiating an Account, you will be subject to, and adhere to the following community rules -

• Users will not initiate multiple Accounts for the purpose of disrupting the community or annoy other Users;
• Users will initiate or update each Account using a valid and regularly viewed email address to allow moderation emails to be sent to the User by Edenred UK.
• Accounts registered with the email address of a person who is not the User, or with temporary email addresses, may be closed by Edenred UK without notice. 
• Edenred UK may require Users to re-validate their account if an invalid email address is suspected for any reason;
• Edenred UK reserves the right to close accounts if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if an non-UK based User pretends to be a UK-based User, or disrupts the Website in any way;

7.3   In making a Contribution to the Website through an Account, Users will at all times adhere to the community rules defined in this clause.  Edenred UK shall at its sole discretion remove or alter any User Contribution which does not adhere to these community rules :

General

• Contributions will be civil and tasteful, and will avoid and exclude any disruptive, offensive or abusive behavior either directly or indirectly;
• Contributions will  be constructive and polite, not mean-spirited or contributed with the intention of causing trouble;
• Contributions will avoid and exclude unlawful or objectionable content; unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material;
• Users will recognize and respect the individuality of all other Users
• Spamming or off-topic material will not be accepted by Edenred UK and will be removed when identified;
• Users will avoid and exclude the repeated submission of the same or very similar Contributions. Users will not re-submit Contributions to a topic, or contribute off-topic material in subject-specific areas;
• Users will avoid and exclude any advertising or promotional activities
• Contributions will be in the English language only;
• Users shall not seek to impersonate other individuals or organizations
• Users shall not adopt any vulgar or offensive email address text as this will be viewable by all Users in the event of the User adding a Contribution;
• Users shall not post any website address or link within a Contribution except with the prior written permission of Edenred UK;
• Users will provide all communications to the Website’s own contact email address being contact@ehub.edenred.co.uk

Statutory regulation

• A User may not submit or share any defamatory or illegal material of any nature through the Website or Content. This includes text, graphics, video, programs or audio;
• A User may not contribute Content to Website with the intention of committing or promoting an illegal act;
• A User may only contribute Content which are the User’s own original work.  User may not contribute Content which violates, plagiarises, or infringes the rights of Edenred UK or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
• An individual under the age of 16 you may not become a User or user the Website or the access the Content except with the express permission of that indivudal’s  parent or guardian, and if such permission is granted, the individual will not reveal any personal information concerning himself or herself or anyone else, including but not limited to  school name, telephone number, full name, home address or email address.

7.4   If you breach any of the community rules or any statutory regulations (whether or not such statutory regulations are quoted in these Terms of Use) within a Contribution:

• Edenred UK will send you an email which informs you why your Contribution has been refused or edited.
• Edenred UK will warn you that that continuing to break the rules may result in our prohibiting access or otherwise modifying your Account or Accounts.
• Edenred may delete any Contribution, or take action against any Account

8. Website Content

8.1 All Content on the Website is either owned by or licensed to Edenred UK, and is subject to copyright, trade mark rights, and other intellectual property rights of Edenred UK and or  Edenred UK’s licensors. Any third party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Edenred UK or, where applicable, Edenred UK’s licensors. Edenred UK and its licensors reserve all rights not expressly granted in and to their Content.

9. Links from the Website

9.1 The Website and or Content may include hyperlinks to other web sites that are not owned or controlled by Edenred UK. Edenred UK will provide such hyperlinks as a source of potential additional information for Users.
9.2 You acknowledge and agree that Edenred UK is not responsible for the content of any external sites addressed through a hyperlink and that the User’s use of such hyperlink is entirely at the User’s own choice and risk.  Edenred UK does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that Edenred UK is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

10. Closing an Account

10.1 The Terms of Use will continue to apply until this Agreement terminated by either you or by Edenred UK as set out below.
10.2 You can terminate this Agreement by making an appropriate request to Edenred UK by email at contact@ehub.edenred.co.uk  Upon receipt of that request, subject to the request adequately identifying you and your Account, Edenred UK will permanently close your Account.
10.3 Edenred UK can terminate this Agreement if you have breached any provision of the Terms of Use (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use) or Edenred is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
10.4 Edenred UK can terminate this Agreement if Edenred UK has at its sole discretion decided to cease to provide the Website or the Content or Accounts to Users in the country in which you are resident or from which you use the Website or if the provision of the Service to you by Edenred UK is, in Edenred UK’s opinion, no longer commercially viable, in which case Edenred UK will take reasonable steps to provide to you notice of such termination.

11. Exclusion of Warranties

11.1 Nothing in the Terms of Use shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11.2 The Website and Content is provided “as is” and Edenred UK makes no warranty or representation to you with respect to them.
11.3 In particular Edenred UK does not represent or warrant to you that:

• your use of the Website will meet your requirements,
• your use of the Website will be uninterrupted, timely, secure or free from error,
• any information obtained by you as a result of your use of the Website will be accurate or reliable, and
• that defects in the operation or functionality of any software provided to you as part of the Website will be corrected.

11.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website or Contract except to the extent that they are expressly set out in the Terms of Use.

12. Limitation of Liability

12.1 Nothing in these Terms shall exclude or limit Edenred UK’s liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 Subject to the overall provision in paragraph 12.1 above Edenred UK shall not be liable to you for any loss or damage which may be incurred by you as a result of -

a)  any changes which Edenred UK may make to the Website or Content or your Account, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
b) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Website;
c) your failure to provide Edenred UK with accurate personal information;
d)  your failure to keep your Account access codes or passwords secure and confidential;
e) your failure to adhere to the Terms of Use.

13. General terms

13.1 The Terms of Use constitute the entire agreement between you and Edenred UK and govern your use of the Website and Content and completely replace any prior agreements between you and Edenred in relation to the Website or Content.
13.2 You agree that Edenred UK may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.
13.3 You agree that if Edenred does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Edenred UK has the benefit of under any applicable law), this will not be taken to be a formal waiver of Edenred UK’s rights and that those rights or remedies will still be available to Edenred UK.
13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms Use will continue to be valid and enforceable.
13.5 You acknowledge and agree that each member of the group of companies of which Edenred UK is a part of and shall be third party beneficiaries to the Terms of Use and that such other member shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms of Use.
13.6 The Terms of Use, and your relationship with Edenred UK under the Terms of Use, shall be governed by English law.  The parties agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms of Use.  Notwithstanding this, you agree that Edenred UK shall nevertheless be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Dated: 1st August 2010
Version EH001a