1.1. New Look and eDigitalResearch together are referred to herein as ‘we’, ‘us’, or ‘our’.
Member means any person who is registered as a member of the Panel (and the term “Membership” shall be construed accordingly).
Panel means the myLook Fashion Panel Research means any market based research activity which may be undertaken as a Member of the Panel; for example participating in surveys and polls.
Terms means these terms and conditions.
Website means the myLook Fashion Panel website.
2.1. The Website is managed by eDigitalResearch Limited of The Hub, 8 Berrywood Business Village, Tollbar Way, Hedge End, Southampton SO30 2UN (Company No. 5424597) ("eDR") on behalf of New Look Retailers Limited of New Look House, Mercery Road, Weymouth, Dorset, DT3 5HJ (Company No. 01618428) (“New Look”).
2.4. Membership entitles you to various incentives, including prize draws, promotions, and other programs empowered by eDR and managed and provided by New Look. Additional terms and conditions will apply to these promotions and offers, and you should monitor the website from time to time for details. Details of these promotions may also be emailed directly to you.
3.1. Membership is free.
3.2. To be a Member of the Panel, you must:
3.2.1. be 16 years of age or older, or if between 6-15 you must have your parent's/guardian's permission;
3.2.2. register as a Member of the Panel and provide true and accurate information on your profile and keep that information updated; and
3.2.3. provide true and accurate information in response to the questionnaires you receive.
3.3. Membership is personal to you and is not transferable to any third party.
3.4. You may only join once.
3.5. We reserve the right to refuse your Membership application.
3.6. If you breach these Terms we reserve the right to terminate your Membership.
3.7. As a Member you will receive invitations via email to participate in online Research. You will be invited to participate in surveys and provide your responses online.
3.8. Your participation in all Research is voluntary. If you choose to stop receiving emails your Membership will terminate. You may choose to end your Membership at any time.
3.9. You can terminate your Membership by visiting the Website or by using the link in email survey invitations.
4.1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the prior written permission of New Look.
4.2. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.
4.3. By becoming a Member, you agree that if you should win a prize then eDR will provide New Look with your contact details in order to deliver that prize.
4.4. You will be responsible for ensuring that any and all details held about you by eDR (including your email address) are kept up-to-date and correct. Failure to do so could result in being excluded from the Panel.
4.5. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
4.6. You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.
4.7. You must only use the Website for lawful purposes. You must not use the Website:
4.7.1. In any way that breaches any applicable local, national or international law or regulation.
4.7.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
4.7.3. For the purpose of harming or attempting to harm minors in any way.
5.1. The Website is made available free of charge
5.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
5.3. You are responsible for making all arrangements necessary for you to have access to the Website.
5.4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.5. We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
5.6. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
6.2. By submitting your contribution, you warrant that your contribution:
6.2.1. is your own original work and that you have the right to make it available to New Look for all the purposes specified above;
6.2.2. is not defamatory; and
6.2.3. does not infringe any law;6.3. You indemnify New Look against all legal fees, damages and other expenses that may be incurred by New Look as a result of your breach of the above warranty.
6.4. You waive any moral rights in your contribution for the purposes of its submission to and publication on the website and the purposes specified above.
7.1. The content of the Website, including the information, names, images, pictures, logos and icons regarding or relating to New Look, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2. Under no circumstances will we be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
7.3. We do not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.
7.4. We assume no responsibility for the content of websites linked on our Website. 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.
8.1. The names, images and logos identifying New Look or third parties and their products and services are subject to copyright, design rights and trade marks of New Look and/or third parties.
8.2. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of New Look or any other third party.
9.1. If there is any conflict between these terms and specific terms appearing elsewhere on this website then the latter shall prevail.
9.2. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
9.3. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.