General Terms and Conditions

Please read this carefully. By accessing the web sites owned or controlled by SomethinElse/Fresh 40 (the "Sites") you are agreeing to our terms and conditions set out below, whether or not you register as a user. If you do not agree to these terms and conditions of use, please do not use the Sites.

1. Introduction

   The Sites are owned and operated SomethinElse/Fresh 40. As a user, you will be able to access material on most areas of the Sites without going through the registration process. SomethinElse/Fresh 40 reserves the right to suspend or terminate your access and use of the Sites (in whole or in part) at any time in its sole discretion without notice.

2. Use of Content and Linking to the Sites

   All material on the Sites (the "Content") belongs to SomethinElse/Fresh 40, or its licensors, and save where otherwise specified users should assume that all content is owned by SomethinElse/Fresh 40. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of Somethin-Else / Fresh 40's copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to Somethin-Else / Fresh 40 or its licensors. In particular, but without limiting the above restrictions, may not do any of the following without prior written permission from Somethin-Else / Fresh 40:- Redistribute any of the Content (including by using it as part of any library, archive or similar service); Remove the copyright or trade mark notice from the Content; Create a database in electronic or structured manual form by downloading and storing all or any of the Content. You may not create any link from or to our Sites without Somethin-Else / Fresh 40's prior written consent. The ownership of any content submitted by the user to the site transfers to Somethin-Else / Fresh 40.

3. Community Forums

   The Sites include bulletin boards, discussion groups and other public areas that allow feedback to Somethin-Else / Fresh 40 and interaction between users and Somethin-Else / Fresh 40 journalists ("Forums"). Whilst Somethin-Else / Fresh 40 does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages. You are solely responsible for the content of your Messages. You must comply with any additional rules posted by Somethin-Else / Fresh 40 on a Forum. In particular, you may not:- post, link or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam"; post, link or to otherwise publish any Messages with recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which may contain any other form of illegal content; post or otherwise publish any Messages that contain a virus or other harmful component or otherwise contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment; disguise the origin of any Messages or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users' personal data; post or otherwise publish any Messages unrelated to the Forum or the Forum's topic. By submitting messages to any Forum you agree to indemnify and hold harmless Somethin-Else / Fresh 40 from all claims, costs, liabilities and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of these terms. The Forums contain messages submitted by users over whom Somethin-Else / Fresh 40 has no control. Somethin-Else / Fresh 40 cannot therefore guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post messages that are misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any decisions. Emails/Messages will be removed or modified if we consider them to be libellous or abusive and we reserve the right to take legal action (including where appropriate criminal prosecution) against those posting such messages. Somethin-Else / Fresh 40 journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain Messages from special guests selected by Somethin-Else / Fresh 40. The opinions of those Somethin-Else / Fresh 40 journalists and special guests are their own and are not necessarily endorsed by Somethin-Else / Fresh 40. They should not be considered by you as professional advisers. By submitting Messages to any Forums you are granting Somethin-Else / Fresh 40 a perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute, and sub-license the Message in whole or in part. This may include personal information such as your user name and alias and your expressions of opinion. Somethin-Else / Fresh 40 reserves the right to contact you by e-mail with regard to your use of the Forums. You acknowledge that it is not possible for Somethin-Else / Fresh 40 to fully and effectively monitor when Messages infringe the copyright of a third party or other third party rights.

4. News by E-Mail

   Somethin-Else / Fresh 40 may give you the option to subscribe to its e-mail news service. Your use of the Contact received through the e-mail news service will be subject to these terms.

5. Software and Java Security

   If you use links from the Sites to an authorised connected site not operated by Somethin-Else / Fresh 40 to download software from the Sites or any other material, files, images or data, you acknowledge and agree that Somethin-Else / Fresh 40 has no responsibility in connection therewith, and does not transfer title to you.

6. Limitation of Liability

   The Content is for your general information and use only and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Somethin-Else / Fresh 40 and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Any arrangements made between you and any third party named on the Sites are at your sole risk and responsibility. Because of the number of sources from which Somethin-Else / Fresh 40 obtains Content and nature of electronic distribution via the internet, Somethin-Else / Fresh 40 does not give any warranties in respect of the Sites, Content, software or services available through the Sites (collectively, "Site Services"). In particular, the Site Services are provided on an "as is" basis. To the extent allowed by applicable law, Somethin-Else / Fresh 40 hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, Somethin-Else / Fresh 40 makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties. To the fullest extent allowed by applicable law, you agree that Somethin-Else / Fresh 40 will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith or for any other indirect, special, or punitive damages whatsoever) that arise out of or in connection with the Site Services or any breach of these terms by Somethin-Else / Fresh 40, even if Somethin-Else / Fresh 40 has been advised of the possibility of such damages. The Sites contains links to the other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, Somethin-Else / Fresh 40 will make clear such links are being made, although Third Party Sites may be co-branded with Somethin-Else / Fresh 40 and so include Somethin-Else / Fresh 40's trademarks. Somethin-Else / Fresh 40 is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. Notwithstanding the provisions of this section, Somethin-Else / Fresh 40's liabilities will not be limited in the case of death or personal injury directly caused by Somethin-Else / Fresh 40's negligence.

7. Privacy Policy

   This information that you provide about yourself to Somethin-Else / Fresh 40 will only be used by Somethin-Else / Fresh 40 in accordance with our Privacy Policy Statement (details of which are available here). The Privacy Policy Statement does not apply to Third Party Sites. The following is a summary of the various ways we treat the information you provide us while using the Sites (but is not an exhaustive list). Somethin-Else / Fresh 40 does not collect personally identifying information except with your specific knowledge and consent. Sometimes you will provide us with data that doesn't reveal your personal identity. We use this sort of information for editorial marketing and promotion purposes and occasionally for other purposes but we don't connect it to any name, address or other identifying information. This way we can give you customised information without compromising your privacy. We will not share any of your personally identifying data for unconnected purposes with any other party without your explicit permission. A few special cases are worth noting: From time to time we may run competitions or request material we can publish; to participate, you must usually supply us with your identity, which you agree to have publicly associated with your submission. The exact rules vary from case to case, and will be noted clearly on the relevant pages. Your participation will always be voluntary and knowing. We may offer to send you information or updates from Somethin-Else / Fresh 40 via e-mail or otherwise: obviously, signing up will put you on a special mailing list. You should be aware that any information you post in our public areas may be seen, collected and used by others, and may result in unsolicited messages from other users or parties. Alas, we can't control this; you post at your own risk. You may have read about "cookies", nuggets of information that are placed by a website in a storage place on your own computer. Somethin-Else / Fresh 40 uses cookies to control the display of ads, to ensure that you don't see the same ad too many times in a single session, for example, and to track usage patterns on our Sites. Our cookies do not contain any personally identifying information. While using the Sites, you may notice that our advertisers occasionally serve you cookies, either directly or when you link to their sites. We cannot directly control what our advertisers or these cookies do, but it's our policy that advertisers on the Sites should use cookies the same way we do. Whilst your individual information is protected as outlined above, we reserve the right to use aggregated, anonymous data about our users as a group. For example, we might report to potential advertisers that a certain percentage of our users are interested in its products, based on information requests.

8. Changes to these Terms

   Somethin-Else / Fresh 40 reserves the right, at its discretion, to make changes to any part of the Sites or these terms. When these terms are changed, Somethin-Else / Fresh 40 will publish details of the new terms as updated from time to time. By using the Sites, you are agreeing now to be bound by those changes and revised terms.

9. Advertising and Sponsorship

   Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with applicable law and regulation. Somethin-Else / Fresh 40 will not be responsible for any error or inaccuracy in advertising material.

10. Choice of Law & Jurisdiction

    These terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of Somethin-Else / Fresh 40, Somethin-Else / Fresh 40 retains the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into the course of your trade or profession, the country of your principal place of business.

11. Third Party Copyright

    Some of the content is the copyright of third parties, who reserve their rights. All such third parties shall be entitles to enter the benefit of these Terms in respect of their content as if they were "Somethin-Else / Fresh 40" herein and shall be bound accordingly.

Competition Terms and Conditions

If you have entered one of our competitions, to ensure that you are completely aware of the rules we ask that you take a couple of minutes to read the following terms and conditions. Your entry will be governed by these rules in respect of everything from eligibility to prizes, health and safety issues and how we use your entry and are legally binding, so please… take a look!

1. Introduction

1.1 These Terms and Conditions ("Terms") shall be binding on all persons entering any competitions ("Competition(s)"), including their guests if applicable, ("Participant(s)") operated by Fresh40, its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Fresh40 from time to time.

1.2 Entry and participation in any competition shall be deemed an unconditional acceptance of these Terms. All entry instructions and any other specific details relating to the competition or the prizes form part of these Terms (but in the event of any conflict or inconsistency, these Terms shall prevail)

1.3 Participants must pass a copy of these Terms to their guests (if applicable) and ensure that they comply with them.

1.4 It is agreed and accepted by Participants that Fresh40 shall have no liability whatsoever in respect of competitions operated on behalf of third parties (save in respect of death or personal injury directly attributable to Fresh40's negligence).

1.5 The Participant has made certain representations and warranties to Fresh40 (both in these Terms and otherwise) in applying for a place in the Competition. Fresh40 has relied on the accuracy and truth of such representations and warranties in granting a place to the Participant. Should Fresh40 or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in Fresh40's opinion, which shall be final) an adverse effect on the Competition, Fresh40 (or any of its radio stations), reserves the right to forfeit the Participant's place on the Competition (without giving any reason and without notice).

1.6 The Participant agrees to co-operate with and comply with all reasonable requests of Fresh40 and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.

2. Eligibility to enter competitions

2.1 Participants must be residents of Great Britain. Employees of Fresh40, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.

2.2 Only one entry per Participant will be permitted. Multiple entries will be disqualified.

2.3 The Participant represents and warrants that s/he is at least 16 years of age on the date of the Agreement and, if requested by Fresh40, shall provide evidence of the same.

3. Health and Safety

3.1 By signing the Agreement, the Participant confirms and warrants that, to the best of her knowledge, her general state of health is good and s/he has no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition.

3.2 The Participant must take all reasonable steps to ensure her own health and safety. Any behaviour or act or conduct by a Participant which Fresh40 considers to pose any medical, security or safety risk will lead to the Participant's immediate disqualification (including without limitation any abusive behaviour, physical or psychological).

3.3 The Participant is obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at her own risk. A Participant must notify Fresh40 of any medical or other condition which may mean that s/he is unfit for travel or participation in the Competition as soon as s/he becomes aware of same. Fresh40 reserves the right to forfeit a Participant's place on the Competition or the Prize (without liability or compensation) if, in its opinion, the Participant may expose herself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.

3.4 The Participant agrees not to carry on her person (or in their possession or control) or to purchase or consume during the Competition any illegal substance. The Participant acknowledges and agrees that alcohol consumption will only be allowed with the express prior consent of Fresh40 and the health and safety team, who will have full authority to direct that a Participant shall not consume any more alcohol.

3.5 The Participant will comply with all directions of Fresh40 in respect of health and safety (failure to do so may lead to immediate disqualification, at Fresh40's direction).

3.6 The Participant confirms that s/he is not taking any medication at present and will not during the Competition.

3.7 The Participant confirms that s/he is not taking any medication at present and will not during the Competition.

4. The Competition

4.1 The interests and good reputation of Fresh40 and its radio stations are paramount and Fresh40 may, at its sole discretion, withdraw a place or require a Participant to cease to have any involvement in the Competition if it believes it is in the best interests of Fresh40 (or its radio stations) to do so. In particular (without limitation), Fresh40 reserves the right to immediately withdraw a Participant's place on the Competition or the Prize if it believes the Participant to be in breach of any of its obligations, or representations and warranties, under these Terms or otherwise conducts herself in a manner which is inappropriate or unsuitable (in the discretion of Fresh40). The Participant shall be responsible for any additional costs in this respect (including the costs of the Participant's early return back to the country, if necessary). The Participant will not by any act or omission do anything, which might bring Fresh40 or its radio stations into disrepute.

4.2 The Participant represents and warrants that s/he does not have any criminal convictions or criminal record and has not undertaken any past act or conduct which could affect the reputation of the Competition or Fresh40. The Participant also warrants that s/he does not currently, and has not in the past, worked for any other radio station or media organisation in the United Kingdom.

4.3 The Participant will comply with the instructions and directions of Fresh40 (failure to do so may lead to immediate disqualification, at Fresh40's direction).

4.4 Incomplete or indecipherable entries will be void (in Fresh40's absolute discretion).

4.5 Fresh40 does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).

4.6 Source material utilised by Fresh40's question compilers shall be taken as correct.

4.7 Late entries will not be accepted (in Fresh40's discretion).

4.8 In the case of a prize draw, the first correct entry drawn will be the winner.

4.9 The decision of Fresh40's judges is final and conclusive in all circumstances and no correspondence will be entered into.

4.10 Fresh40 shall be entitled, in its absolute discretion, to cancel a competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof.

4.11 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, Fresh40 will use reasonable endeavours to offer an alternative prize at some other time and/or some other destination, which may be accepted instead by the Participant. If such alternative prize is not accepted (or not made) the Participant shall have no claim against Fresh40 in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.

5. Claims to prizes

5.1 In order to enable Fresh40 to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Fresh40 reserves the right to carry out an interview (by telephone or in person with a Participant and to tape record the interview). If a Participant refuses to participate in or answer all questions raised in such an interview without good reason then the Participants place will be treated as invalidated.

5.2 If Fresh40 becomes aware of any fraud, deceit or similar action during or in relation to the competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Fresh40, that the Participant had no actual or imputed knowledge of the same. For the avoidance of doubt (and without limitation), if a Participant provides an incorrect name, age, address or other incorrect information in relation to the entry, then Fresh40 reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after the Participant has made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, the Participant undertakes to return the same (or provide compensation) to Fresh40 forthwith upon discovery by Fresh40.

6. Prizes

6.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. Fresh40 may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.

6.2 Fresh40 does not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by the Participant.

7. Holiday Prizes

7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Fresh40. There will be no cash alternative. There will be no alternative destination.

7.2 Holidays are non-transferable. Holidays are subject to availability. Participants must hold a valid UK passport with at least 6 months' further duration (or competition entry will be invalid).

7.3 Holidays are not available to persons under the age of 18 without the express prior written permission of Fresh40. Children between the ages of 12 and 16 years for the purpose of airfares are considered to be adults. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.

7.4 In the event of unforeseen circumstances or circumstances outside Fresh40's reasonable control Fresh40 reserves the right to offer an alternative prize of equal value. No cash will be offered.

7.5 All holidays must be taken within 6 months of the date of the competition or will be deemed invalid.

7.6 Participants must comply with the terms and limitations of any insurance policy relating to the holiday.

7.7 The Participant must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, the Participant shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.

7.8 The Participant is not entitled nor authorised in any way to commit Fresh40 to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of Fresh40 in writing.

7.9 The Participant must hold a current passport with at least six months to run from the date of the Agreement and, if requested by Fresh40, shall provide evidence of the same.

7.10 Passport control and in-country authorities will reserve the right to refuse entry. If the Participant is refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be the responsibility of the Participant.

7.11 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Fresh40 or its agents are for guidance only and are subject to change without notice with no liability arising. Participants must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from a London airport, meals and drinks).

7.12 Participants must comply with and are responsible for attending to any inoculation and health regulations required for their destination.

8. Ticket give-aways 8.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by the event promoter's terms and conditions together with those set out on the ticket and the rules and regulations of the venue.

9. Confidentiality

9.1 The Participants undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Fresh40, its business, personnel, servants, agents or officers to anyone.

9.2 No Participant may publicise their involvement in the competition or the fact that they have won a prize without the prior written permission of Fresh40. 10. Publicity 10.1 Winners must as a condition of the prize participate in all required publicity.

10.2 The Participant shall not without the specific prior written consent of Fresh40 publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form). The Participant shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and the Participant's involvement therein shall vest exclusively with Fresh40.

10.3 The Participant agrees to undertake as requested by Fresh40 all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Fresh40 in perpetuity.

10.4 The Participant hereby grants and assigns to Fresh40 (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Competition and her involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participant's appearance is featured or incidental) in all media and technology (the "Products"), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for Fresh40 to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case for such purposes as Fresh40 may in its absolute discretion determine.

10.5 Without limitation to any other rights under this Agreement, Fresh40 shall be entitled to refer to the Participant's association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

11. Intellectual Property

11.1 In the case of competitions which require Participants to submit audio recordings Participants grant to Fresh40 the unconditional and irrevocable right to broadcast the audio recording(s) submitted by Participants by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. Participants confirm that the use by Fresh40 of the audio recording submitted will not infringe any third party rights and shall indemnify Fresh40 for any loss, damage or liability arising in connection therewith.

11.2 Participants who submit audio recordings represent and warrant that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions in respect of the same.

11.3 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Fresh40 for its own use (in its absolute discretion).

12. Fresh40 - exclusion of liability

12.1 Fresh40 is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by Fresh40 or death or personal injury arising out of such negligence.

12.2 Fresh40 accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.

12.3 Fresh40 shall not be liable to perform any of its obligations under the competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate Participants in such circumstances.

13. General

13.1 The Participant undertakes the Competition at her own risk and agrees to indemnify Fresh40 and its radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from the Participant's own actions in any way in connection with the Competition, the Prize or a breach of the Participant's obligations hereunder.

13.2 There is no fee payable to the Participant in respect of her involvement in the Competition.

13.3 The Participant is obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at her own risk.

13.4 Fresh40 is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition. This limitation does not exclude any liability for negligence by Fresh40 or death or personal injury arising out of such negligence.

13.5 Fresh40 reserves the right to forfeit a Participant's place on the Competition or the Prize (without liability or compensation) if, in its opinion, the Participant may expose herself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.

13.6 In the case of on-line competitions Participants acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Fresh40 may be accessed by third parties. Fresh40 accepts no liability in such cases.

13.7 These Terms shall be governed and construed in accordance with English Law.

13.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Fresh40) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Fresh40. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.

13.9 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

13.10 These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999. November 2003