By completing the registration process, you are indicating your consent to be bound by all of the terms and conditions of the Agreement. Please read the Agreement carefully as it sets forth your rights and obligations and the terms under which The Independent'S free access is made available, (including but not limited to the The Independent website, email, search facilities, directory services, personal webspace, newsgroups and other internet services provided by The Independent on an ongoing basis).

1 DESCRIPTION OF SERVICES

1.1 The Web Services are provided to you in your personal capacity as a registered member and you therefore agree not to share the Services with any other person or body.

2 REGISTRATION OBLIGATIONS

2.1 You undertake to provide true, accurate, current and complete information about yourself as prompted by the Services registration form (the "Registration Data"); and
2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

3 MEMBER ACCOUNTS, PASSWORD AND SECURITY

3.1 You will receive a password and account designation upon completing the registration process. You are responsible for protecting the secrecy of your password and for ensuring that no unauthorised access is obtained to the Services through your password. You will be solely responsible for activities conducted through your password whether authorised by you or not.
3.2 You agree to immediately notify The Independent of any unauthorised use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session.
3.3 If you forget your password, you can contact the The Independent by telephone and by satisfying such security checks as may operate, you will be given a new password to enable you to use the Services.

4 MODIFICATIONS TO THE SERVICES

4.1 The Independent reserves the right to modify, suspend or discontinue the Services, or any portion thereof with or without notice to you. The Independent shall not be liable to you or any third party should it exercise its right to modify, suspend or discontinue the Services.

5 DISCLAIMER OF WARRANTIES

You expressly understand and agree that:
5.1 Your use of the Services is at your sole risk. The Services are provided on an "as is" basis. The Independent expressly hereby disclaims all warranties of any kind, whether express or implied, by statute or otherwise, including, but not limited to, implied warranties of merchantability and fitness for purpose.
5.2 The Independent makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any of the products, services, information or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.
5.3 Any material downloaded, printed or otherwise obtained through the use of the Services is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading, printing or use of any such material.
5.4 No advice or information whether oral or written, obtained by you from The Independent or through the Services shall create a warranty, entitlement or right owed to you by The Independent if it is not expressly stated in the Agreement.
5.5 In respect of your use of the The Independent website that you will be bound by and adhere to the Terms and Conditions of Use.

6 LIMITATION OF LIABILITY

6.1 You acknowledge that The Independent has no control over the information that can be accessed or obtained by using the Services and that The Independent does not examine the use to which you or other users put the Services to or the nature of the information you or they are sending or uploading.
6.2 To the fullest extent permitted by applicable law neither The Independent nor any of its directors, employees, affiliates or other representatives will be liable for loss or damage arising out of or in connection with your use of, or your inability to use, the Services and/or the goods or services offered through the The Independent website, including, but not limited to, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and claims with third parties, even if The Independent has been advised of the possibility of such loss or damage, or if such loss or damage was reasonably foreseeable.

7 ASSIGNMENT

7.1 Neither party may assign, delegate or otherwise transfer any right or obligation under the Agreement except on the written consent of the other party. Notwithstanding the foregoing, The Independent shall be entitled, without providing notice to you, to assign the Agreement, and all rights and obligations thereunder, to a successor to all or substantially all of The Independent's assets whether by sale, merger or otherwise.

8 INTELLECTUAL PROPERTY RIGHTS

8.1 The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos contained on the The Independent website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties.
8.2 You are granted a limited licence solely for your own personal, non-commercial use to refer to, bookmark, or point to any page within the The Independent website, and to download the materials contained on the The Independent website to a single personal computer and print a single hard copy of the materials contained on the The Independent website for your own personal reference, provided however that all copyright, trade mark and other propriety notices are left in tact. The grant of this limited licence is conditional on your agreement to, and compliance with, all of the terms of the Agreement. Any other use of the materials on the The Independent webiste, including any form of copying or reproduction, (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation, or integration with other materials or works or re-delivery using framing technology without the prior written permission of The Independent, is strictly prohibited and is a violation of the proprietary rights of The Independent or its affiliates.

9 DEALING WITH ADVERTISERS/MERCHANTS

9.1 Access by way of hyperlink or otherwise is provided by The Independent to other third party websites which offer goods and services for sale. When you place an order for the purchase of goods and services on those websites, your contractual relationship will be with the merchant selling those goods or providing those services and will be subject to the terms and conditions, if any, of the merchant.
9.2 The Independent will not be a party to any such contracts and accepts no responsibility for non-delivery or delayed delivery of any such good or service (whether in whole or part) or as regards the nature, quality or merchantability of such good or service, or as regards the fitness for the purpose for which they have been sold or for any other purpose.

10 INDEMNIFICATION

10.1 You agree to indemnify and hold The Independent, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees made by any third party due to or arising out of your use of the Services, the breach of any of terms of the Agreement or the infringement by you, or any other person using your account or password, of any intellectual property or other right of any person or body.

11 CONDUCT

11.1 You may not use the Services for the purposes of fraud or for any activity that contravenes the laws of Canada or any other applicable jurisdiction.
11.2 You may not use the Services to seek or gain unauthorised access to The Independent's facilities, services or resources to the facilities, or services or resources of connected networks. You may not use the Services to engage in activities that cause or are likely to cause disruption or denial of service to any user of the Services.
11.3 You may not use the Services to impersonate any other person or to upload, post, e-mail, or otherwise transmit any content that is offensive, obscene, unlawful, threatening, abusive, harassing, defamatory, invasive of another's privacy, hateful or otherwise objectionable.
11.4 You may not use the Services to upload, post, e-mail or otherwise transmit material, which is designed to cause annoyance, inconvenience, or needless anxiety to others.
11.5 You may not use the Services to upload, post, e-mail or otherwise transmit material which infringes the patent, trade mark, trade secret, copyright or other proprietary right of any other party.
11.6 You may not use the Services to upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising or commercial material, "junk mail", "spam", "chain letter", "pyramid scheme" or any other form of solicitation except in those areas (such as retail sites) that are designated for such purposes.
11.7 You shall not upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
11.8 You may not use the Services in any way that does not conform with the acceptable use policies, standards or regulations of any connected network, the standards of the Canadian Code of Advertising Standards, professional publishing standards or any other internet standard.

12 NO RESALE OR COMMERCIAL USE OF THE SERVICE

12.1 Your right to use the Services is personal to you. You may only be an individual. You may not be a corporation or other business entity. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services.

13 PRIVACY

13.1 The Independent and its associate companies respect your right to privacy. By agreeing to the terms of the Agreement and providing the Registration Data for the purpose of completing the registration process you are providing The Independent with personal information. This information will be used by The Independent for the purpose for which it was provided by you, and for verification purposes and statistical analysis. This information may also be useful to provide you with details of products, services, contests, competitions or promotions being provided or run by The Independent or any other of its associated companies or any third party which we may select and which we may think may be of interest to you, unless you have otherwise specifically opted not to receive this information.
13.2 Non-personal information and data can be collected through the standard operation of our internet servers and logs as well as "cookies". "Cookies" are small text files that a website can use in order to recognise visitors who revisit a site so as to facilitate their ongoing access to and use of the site. It enables usage behaviour to be tracked and aggregate data to be compiled that would facilitate more targeted advertising and improved content. Typically, cookies involve the assigning of a unique number to the visitor. Visitors should be aware that the Company are unable to control the use of cookies or the resulting information by other third parties such as advertisers or parties hosting data for the Company. One simple way to prevent the use of cookies it to activate the facility that is available in most web browsers that enables the user to deny or accept cookies. However, you should realise that certain cookies may be necessary in order to provide you with certain features such as the customised delivery of certain information.

14 TERMINATION

14.1 Either you or The Independent may terminate the Services with our without cause and without any notice at any time and effective immediately.
14.2 The Independent will not be liable to you or any third party for termination of the Services. You agree that The Independent may terminate your access to your storage space and remove and discard any material or content within the Services, for any reason.

15 NOTICE

15.1 All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. The Independent may broadcast notices or messages through the Services to inform you of changes to the Agreement, the Services or other matters that The Independent considers to be of importance. Such messages shall constitute a notice to you.

16 CHOICE OF LAW/ JURISDICTION

16.1 The The Independent web site is established and operated in accordance with the laws of Canada. The Independent does not make any representation that the Services and/or materials contained thereon are appropriate or suitable for use in countries other than Canada or that they comply with any legal or regulatory requirements of such other countries. In using the Services you do so at your own risk and at your own initiative and are responsible for compliance with local laws to the extent that any local laws are applicable. If it is prohibited to make the Services available in your country, or to you (for the reason of nationality, residence or otherwise), the Services are not directed at you and should not be accessed by you. These terms and conditions shall be governed by and construed in accordance with the laws of Canada and you hereby agree for the benefit of The Independent, and without prejudice to the right of The Independent to take proceedings in relation to the Agreement before any court of competent jurisdiction, that the courts of Canada shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with the Agreement, and for such purposes you irrevocably submit to the jurisdiction of such courts.

17 ENTIRE AGREEMENT

17.1 The Agreement constitutes the entire agreement between you and The Independent and governs your use of the Services, superseding any prior agreements between you and The Independent.

18 MODIFICATIONS TO THE AGREEMENT

18.1 The Independent may change the terms and conditions of the Agreement from time to time. Upon any change in the terms and conditions of the Agreement, The Independent will notify you by posting the changes as a start-up screen prior to your subsequent use of the Services.
18.2 Your continued use of the Services constitutes affirmative acknowledgement by you of the terms and conditions of the Agreement, including without limitation, any modifications or changes thereto. *I do not wish to receive any further information regarding details of products, services, contests, competitions or promotions run by The Independent, its associated companies or any third party