Please read these terms of supply carefully.
Please print this page for your future reference.
Terms & Conditions of Supply of CENSORIT Service
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Censorit Parental Control services (Services) listed on our website www.censorit.com (our site). Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the checkbox next to these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.
1. INFORMATION ABOUT US
1.1 www.censorit.com is a site operated by Censorit Limited (We). We are registered in England and Wales under company number 06512387 and with our registered office at Rutland House,90-92 Baxter Avenue, Southend On sea,SS2 6HZ. Our main trading address is as above. Our VAT number is GB 930 0662 55.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the Serviced Countries (United Kingdom). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Services from us.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries; and
(d) You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service for the term specified in the order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service is available (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
4.2 The Contract will relate only to those Services whose availability we have confirmed in the Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the availability of such Services has been confirmed in a separate Confirmation.
5. OUR STATUS
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Confirmation above. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 9 below).
6.2 To cancel a Contract, you must inform us in writing.
6.3 You will not have any right to cancel a Contract for the supply of any Services where you expressly waive your cancellation rights and request that a Service commence immediately
6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your statutory rights.
7. YOUR RESPONSIBILITIES AND OUR RIGHTS TO TERMINATE
7.1 Any authentication codes provided as part of the Service may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that applicable law expressly mandates such a right which cannot legally be excluded by contract.
7.2 Amount of device usage: all Services are supplied on the basis of ‘fair usage’ by you-this means download no more than five hundred megabytes per month. If we have reason to believe that your usage exceeds these limits, we reserve the right to terminate the Contract.
7.3 Improper use of the Services: You agree that we may, in our sole discretion, issue warnings to you in relation to improper use of the Service or terminate or suspend your use of all or part of the Service for any reason, including, without limitation, breach of these Terms and Conditions and/or any subsequent modifications thereto. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Service and may be referred to any appropriate law enforcement authorities. We shall not be liable to you or any third party for any claims related to your termination of use of the Service.
7.4 If you commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against you or you take or suffer any similar action in consequence of debt or we have cause to believe that you are unable to pay your debts as they fall due; or you fail to pay any amount by the due date or breach any terms of this Contract then, without prejudice to any of our other rights, we may:-
7.4.1 stop or suspend provision of the Services; and/or
7.4.2 by written notice to terminate your order and all or any other contracts between us and you.
8. PRICE AND PAYMENT
8.1 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude any other taxes that become payable as a result of the supply of the Service to you.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
8.4 We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.5 Payment for all Services must be by credit or debit card. We accept payment from paypal (www.paypal.co.uk). We will not charge your credit or debit card until we activate your order.
8.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after the Confirmation. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these Conditions for your own records.
9. OUR REFUNDS POLICY
9.1 When you :
(a) cancel the Contract between us within the seven-day cooling-off period (see clause 6.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Service in full.
(b) cancel for any other reason (for instance, because have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Service is defective), we will examine the Service and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Service.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 Except to the extent expressly provided by us in writing the Service is provided 'as is' and ‘as available’, without any warranties, terms or conditions as to service availability, quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to installation, configuration or error/defect correction.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Service you purchased .This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise
10.4 Where you buy any Service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
11. IMPORT DUTY
11.1 If you order Services from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to Censorit Limited at Rutland House, 90-92 Baxter Avenue, Southend On Sea, SS2 6HZ, UK OR info@censorit.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
17. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
20. DATA PROTECTION AND PRIVACY
20.1 We will observe applicable data protection laws and will not use information that does or can be used to personally identify you (Personal Data) you other than as set out in our www.censorit.com/privacy.html (Privacy Statement). By submitting your Personal Data in relation to your order, you consent to such Personal Data being processed to fulfil your order and in accordance with such Privacy Statement.
20.2 In relation to security of orders that you place with us:
20.2.1 Our secure-server software encrypts all your Personal Data including credit or debit card number and name and address. This means that the characters that you enter are converted into pieces of code that are then securely transmitted over the Internet.
20.2.2 If your bank or card issuer holds you liable for the charges in relation to unauthorised use of your debit or credit card, we will cover your liability up to £50.00 (UK sterling) provided that the unauthorised use of your credit or debit card was not caused by your own fraud or negligence (or someone acting with your authority).
21. LAW AND JURISDICTION
Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England.
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