Terms & conditions for the Tesco.net Email service

  1. USE OF TESCO.NET

    The Tesco.net email service is owned and operated by Tesco Stores Limited, a company registered in England and Wales whose registered office is at Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA ("we", "us" or "our"). We will provide you with the Tesco.net email service, which may include the use of email and access to the www.tesco.net website (the "Service").

    To enable you to use the Service, you are required to register as an authorised user and sign-up to our end user licence agreement. To register with the Service you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.

    Please note that the Service is a residential service which is made available to you only for personal use and not for commercial or business purposes.

  2. AMENDMENTS

    We may update these Terms and Conditions (including the Price List) from time to time and any changes will be notified to you via the email address provided to you following registration or via a suitable announcement on the Tesco.net website. The changes will apply to the use of the Service 30 days after we have given notice.

    If you do not wish to accept the new Terms and Conditions you should not continue to use the Service. If you continue to use the Service after the date on which the change comes into effect, your use of the Service indicates your agreement to be bound by the new Terms and Conditions.

  3. AVAILABILITY OF SERVICE

    You are responsible for providing a suitable PC or device, modem and any other items of hardware or communications equipment necessary to enable you to access the Service. You are responsible for ensuring that any software and hardware attached to the Service does not cause degradation of the Service. In particular computer viruses, worms and spam should not be distributed across the Service’s network from or through any software or hardware you have connected to the Service.

    We cannot guarantee that the Service will be secure or free from viruses and other similar threats. We recommend that you protect your PC or device by the use of a firewall and virus checker.

    We are unable to guarantee a fault-free Service all the time. You should report a fault in the Service to us by telephone, letter, fax or email. We will try to correct the fault as soon as we are reasonably able to. Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the Service as soon as reasonably practicable after any such restriction.

    In order to maintain the quality of service for all our customers, we may give you instructions about the use of the Service concerning health and safety, the quality of the Service to other customers, or any other aspect of the Service. Such instructions form part of these Terms and Conditions and you agree to observe them.

  4. ACCEPTABLE USE

    You agree to use the Service for lawful purposes only.

    You may not or allow anyone else to use the Service for any of the following purposes ("Unacceptable Use"):

    • upload, download, post, email, transmit, store or otherwise make available any User Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
    • publishing, transmitting, linking to, disseminating or making available in any way material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws (including laws concerning the use of public telecommunications networks), regulations or code of practice;
    • stalk, harass, or threaten another;
    • request or collect personal or other information from a minor who is not personally known to the User or otherwise use the Email Service to harm a minor in any way;
    • impersonate any person or entity, or falsely state or otherwise misrepresent affiliation with a person or entity;
    • engage in any copyright infringement or other intellectual property infringement (including uploading any content to which User does not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
    • send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, chain letters or mail bombs (automated emails that resend themselves to addresses within an address book);
    • forge any header or otherwise manipulate identifiers in order to mislead recipients as to the origin of any User Content transmitted through the Email Service;
    • send, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Email Service (or any part thereof), or any other computer software or hardware;
    • interfere with or disrupt the Email Service (including accessing the Email Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Email Service, or any policies, requirements or regulations of networks connected to the Email Service;
    • gaining unauthorised access to other computer systems
    • interfering with any other person's use or enjoyment of the Service
    • take any action that imposes an unreasonable or disproportionately large load on the Email Service or its suppliers;
    • plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Email Service to be used in connection with any of the foregoing prohibited activities;
    • breaching any other person's privacy rights;
    • carrying out port scanning/probing (which is an attempt to identify an open gateway into another internet user's machine);
    • collecting names, account details or personal details of other users of the Service;
    • carrying out trade or any other commercial activity;
    • impersonating any real or fictional individual or entities; or
    • doing anything which disrupts the normal use of the Service for other users.

    If, while using the Service, you discover anyone else who is carrying out any of the above activities, you should inform us immediately. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with any Unacceptable Use of the Service by you or anyone who gains access to the Service through you.

  5. USER ID PASSWORD AND SECURITY

    You must use a unique user ID and password to access the Service, which will be created by us from the details you provide. We cannot guarantee that any mailbox name or other name requested by you ("Name") will be available or approved for use. If we have reasonable grounds for thinking that the Name you have chosen may be in breach of anyone's rights, or is allocated to another person, we may ask you to choose a replacement Name.

    You agree to take all necessary steps to ensure that your password is kept confidential, secure and used properly. You are responsible for the security and proper use of any passwords provided to you in connection with the Service and we will not be responsible to you in the event that a person gains unauthorised access via your account.

    You agree to inform us immediately if you have any reason to believe that your password has become known to an unauthorised third party or if the password is being or likely to be used in an unauthorised manner.

    You agree not to share your password or the use of the account with any third party.

    You agree to inform us immediately of any changes to the information that you provided when registering for the Service, including any changes to your account information.

    If we have reason to believe that there is likely to be a breach of security or misuse of the Service, we may change your password and notify you accordingly

  6. STORAGE OF EMAIL

    You are responsible for checking your email regularly and storing any emails you wish to keep. Any emails kept on our servers will automatically be deleted after 120 days for read and unread messages.

    Mailboxes left dormant for 180 days will be closed and emails within deleted. Mailboxes cannot be reactivated once deleted.

    Your mailbox is limited to 5Gb.

    If your mailbox exceeds 5Gb any emails causing the mailbox to exceed this limit will be deleted.

    When you reach the 5Gb limit your mailbox is full. You will be unable to receive any more emails, and you will also be unable to save copies of emails that you send out.

    You must keep your own back-up copies of your emails. We do not keep back-up copies of your emails and will not be liable for any loss or damage to them, however caused.

  7. INTELLECTUAL PROPERTY

    The content of the www.tesco.net website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the www.tesco.net website on a computer screen. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the www.tesco.net website without our prior written permission.

    No licence is granted to you in these Terms and Conditions to use any trademark of Tesco or its affiliated companies including, without limitation, the trademarks TESCO, TESCO.COM and TESCO CLUBCARD.

  8. PRIVACY POLICY

    All use of your personal information will be in accordance with our Privacy Policy – Click here to view our Privacy Policy - and will comply with all applicable UK data protection legislation.

  9. CONTENT

    It is not our policy to censor or restrict access to any material or information on the internet, nor do we examine the use to which customers put the Service or the nature of the information they are sending or receiving, unless required to do so by a competent authority. We may, however, refer any complaints regarding your use of the Service to the police or the Internet Watch Foundation for further investigation.

    You accept responsibility for the supervision of minors with regard to the risk of inappropriate material. It is your responsibility to determine restrictions on access.

    The www.tesco.net website includes links to other websites, chatrooms, web search results or other materials which are beyond our control. We will not be responsible for content on the internet or world wide web pages outside the www.tesco.net website.

  10. SUSPENSION AND CANCELLATION

    We may suspend or cancel the Service at our reasonable discretion or:

    • if we have reasonable grounds to suspect that you are in breach any of your obligations under these Terms and Conditions; or
    • you become the subject of bankruptcy or insolvency proceedings.

    We will give you reasonable notice where possible however sometimes there will be serious grounds for suspending or cancelling the Service immediately. We reserve the right to suspend your access to the Service if we believe your use of the Service causes the Service to be rendered less efficient or makes abnormal demands on the network.

    You can inform us that you wish to cancel this agreement at any time by writing to us or calling us, giving 30 days’ notice. If you do so, this agreement will end and you must therefore stop using the Service immediately. You must continue to comply with this agreement until the time you stop using the Service.

    We can inform you that we wish to cancel this agreement at any time by writing to you giving you 30 days’ notice. If we do so, this agreement will end and you must stop using the Service at the end of the notice period. You must continue to comply with this agreement until the time you stop using the Service.

    On termination of the agreement for any reason, we may delete any emails from our server without any liability to you. It is your responsibility to ensure that any e-mails and/or documents have been backed up prior to termination. The suspension or cancellation of the Service shall not affect either party's rights or liabilities.

  11. OUR RESPONSIBILITIES TO YOU

    We do not in any way exclude or limit: (i) our liability for death or personal injury caused by our negligence or that of our agents; (ii) any liability under Part 1 of the Consumer Protection Act 1987; or (iii) any liability that cannot by law be excluded or limited. All exclusions and limitations of liability in these Terms and Conditions are subject to this paragraph.

    We will not in any event be responsible or liable for: (i) any faults, damage or maintenance to your telephone line; (ii) any loss of profit, revenue, business, contract, anticipated savings, goodwill or data or any similar financial loss; or (iii) any indirect or consequential loss or damage even if we could foresee, or were informed of the possibility of, these losses or damage.

    In all circumstances where we are liable to you, whether the liability relates to negligence or otherwise, our total liability to you in any year is limited to one year’s charges.

    We: (i) make no warranties, conditions, guarantees or representations as to the quality or fitness for a particular purpose of the Service or any other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and (ii) exclude all liability for:

    (a) the accuracy (or inaccuracy) of any material or other information provided or made available by any third party in relation to the Tesco.net Service;

    (b) any third party goods or services purchased or obtained by you or any transactions entered into by you using the Tesco.net Service; and

    (c) the transmission or reception of, or any failure to transfer or receive, any information or software.

  12. ADVERTISING AND SPONSORSHIP

    The Service, and the www.tesco.net website may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service or the www.tesco.net website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

  13. APPLICABLE LAW

    These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

  14. MISCELLANEOUS

    Calls to our customer services department may be monitored for training purposes.

    You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

    We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.

    A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.