ATTENTION: Phone-Safe (“us”, “we” or “our”) maintains this website, including all
its features and content (the “Website”). Access to and use of the
Website is subject to the following terms and conditions (the “Terms”).
Please read the Terms carefully before using the Website.
By entering and using the Website, you are deemed to have read and accepted
the Terms. If you do not accept the Terms in full, the use of the Website
must be terminated immediately.
1. INTRODUCTION
1.1 We may change the Terms at any time in our sole discretion without notice or liability to you. Your continued use of the Site following the posting of such changes constitutes your consent to such revision. You are responsible for checking the Website periodically to review the then current Terms
1.2 We may, at our absolute discretion and at any time, without prior notice to you, add to, amend or remove any material on the Website, or to the products and prices described in it, or alter the presentation, substance or functionality of the Website.
2. LICENCE
2.1 The text, images, audio/video clips, information, services, software and other materials made available to you on the Website are protected by copyright or other intellectual property rights and laws.
2.2 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) our copyright and trade mark notices appear in all copies.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all materials on the Website (including without limitation photographs and graphical images) belong to us or have been lawfully licensed to us. For the purposes of the Terms herein, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Subject to clause 2.1, no part of the Website may be reproduced, uploaded, posted, published or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent.
2.5 Any rights not expressly granted in the Terms are reserved.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate, modify and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes without any payment to you.
4.2 As a condition of your use of the Website, you may not:
(a) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
(b) restrict or inhibit any other user from using and enjoying the Website;
(c) post or transmit to or from the Website any material:
(i) that is threatening, fraudulent, defamatory, libellous, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law or infringe the rights of any third party in any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2.
5. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6. REGISTRATION
6.1 Each registration is for a single user single handset only. We do not permit you to share the programme, use it on more than one handset or share your activation code with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. ONLINE PURCHASE OF PRODUCTS
7.1 When you place an order to purchase any of our products via the Website, your order represents your offer to us to buy the products stated in your order. We may accept to sell to you all or part of the products ordered by you. Goods or services not stated in our reply to you does not form part of your purchase contract.
7.2 Online purchase via the Website can be paid by credit card. Your credit card information is encrypted and secured for your protection. We reserve the right to change the payment method anytime. Notification of such changes will be posted on the Website.
7.3 Order cancellation, change in order content or refund is not allowed for any confirmed orders.
8. DISCLAIMER
8.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy, adequacy, reliability and completeness of the material on the Website. The material on the Website may be out of date, and we make no commitment to update such material. Any use and reliance on the information on the Website is at your own risk.
8.2 The material on the Website is provided to you on an "as is" and “as available” basis, without any conditions, warranties or other terms of any kind, either express or implied. Accordingly, to the fullest extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms which, but for the Terms herein, might have effect in relation to the Website.
9. LIABILITY
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in the Terms shall exclude or limit our liability for:
(a) death or personal injury caused by gross negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. INDEMNITY
You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of the Terms and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
11. PRIVACY POLICY
11.1 We will not share, trade or sell your information to anyone outside our group companies without your prior written consent. We are committed to protect the security and privacy of any personal information you provide to us.
12. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of the Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
13. MISCELLANEOUS
No waiver of any breach under the Terms will amount to a waiver of any other breach. The headings in these Terms are for convenience only and do not affect interpretation.
14. GOVERNING LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with the Terms shall be subject to the exclusive jurisdiction of the English courts.
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