GoMobiPrint Terms & Conditions
1. IMPORTANT - PLEASE READ
1.1 These terms and conditions (“Terms”) form and govern the legal contract between you and SIL.
1.2 These Terms relate to your usage of this Site and the Product(s) and related services offered and supplied by SIL via the same.
1.3 By using this Site and/or purchasing any Product(s) offered on this Site you agree to be legally bound by these Terms, which become effective immediately upon your use of this Site and/or a purchase of Product(s) from this Site. If you do not agree to and accept to be legally bound by these Terms you may not access or use this Site and/or purchase the Product(s) offered by way of the same.
1.4 At our entire discretion we may revise or amend these Terms from time to time and post revised Terms on this Site. You are recommended to review these Terms regularly to ensure you are aware of any changes to these Terms.
2. DEFINITIONS
“SIL” / “us” / “we” / “our”: Means
Software Imaging Limited
9400 Garsington Road, Oxford Business Park, Oxford, OX4 2HN, UK
T: +44 1865 786000
“you” / “your”: Means you or yourself, the user of this Site and/or purchaser and user of the Product(s).
“Site”: Means this Website and/or WAP site as may be applicable at the time.
“Product”: Means any individual software product(s) (and documentation if provided by us) for Handsets offered by us via this Site and as may be further specifically detailed and/or described in the Product sections(s) of this Site.
“Handset”: Means a smartphone, mobile phone or similar handheld device that is compatible with, and capable of running, any particular Product.
“Network”: Means the transmission network of your network operator and and/or other airtime provider.
3. SITE USAGE TERMS
3.1 You may not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site, or network connected to this Site, or interfere with any other party's use and quiet enjoyment of this Site. You may not attempt to gain unauthorized access to this Site or any accounts, computer systems or networks connected to this Site, through any means.
3.2 This Site and information on Product(s) available via this Site may at any time include inadvertent inaccuracies or typographical errors. Changes are periodically made to this Site and to the information therein.
3.3 We (and our authorised agents) hereby disclaim all warranties and conditions with regard to this information, software, Product(s), related services and related materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that we shall not be responsible for unauthorised access to or alteration of your transmissions of data and for any material or data sent or received.
3.4 We shall have no liability to you for any delay or failure on our part in fulfilment of any of our obligations hereunder or for any damage suffered by you by reason of your use of this Site where such delay or failure or damage arises from any cause outside our reasonable control.
3.5 Without limitation to this Section 3 you recognise and accept that the functional aspects of the Site may be subject to downtime (including but not limited to interruptions, defects, viruses or delays in operation or transmission caused by third parties) outside our reasonable control. You accordingly recognise and accept that you use the Site at your own risk.
3.6 Some links in this Site may connect to other sites maintained by third parties over whom we have no control and we make no representation as to the accuracy or any other aspect of information contained in other sites.
4. PRODUCT USAGE TERMS
4.1 The specification and/or description and/or scope of use and/or compatibility of any particular Product offered on this Site will be that specified on this Site for that Product at the time of purchase.
4.2 At our entire discretion we may update and/or revise and/or discontinue any particular Product without notice. You agree that we are not liable to you for any revised and/or discontinued Product.
4.3 Any particular Product offered and made available via this Site is provided ‘as-is’. We do not represent, warrant or undertake that any particular Product will meet any or all of your requirements or that the operation of any particular Product will be totally error-free. We do not represent, warrant or give any undertaking as to the performance of or the results that you may obtain from the use of any particular Product. We do not represent, warrant or undertake that software and/or other products of other parties (whenever installed on your Handset) will not affect the operation and/or performance of any particular Product.
4.4 Clause 4.3 above does not affect your statutory rights should an individual copy of any Product purchased by you be proven faulty.
5. ORDERING, PRICES & PAYMENTS
5.1 You may order and purchase any Product(s) offered on this Site, subject to these Terms.
5.2 You will be asked to supply certain user details such as name, email address, airtime network and Handset number which shall be used by us solely for the purpose of processing the order.
5.3 Before you select and purchase any particular Product offered by us you should: (a) ensure that any particular Product is compatible with your Handset by checking the specification; and (b) ensure your Handset is capable of receiving WAP Push and/or SMS messages.
5.4 The price for any particular Product will be the price specified on the Site at the time of purchase. Future purchases shall be subject to prices prevailing at that time. Prices shall include any and all relevant and applicable taxes at the prevailing rates at the time of purchase. Prices are exclusive of those applicable charges for messaging services of your Network operator and and/or airtime provider.
5.5 You may pay for any Product(s) by way of: (a) credit or debit card; or (b) mobile micro payment; (c) or retail voucher redemption.
5.6 Before you submit an order with us you will be asked to confirm your order details (including description, price and delivery charges) of any Product ordered. We suggest that you print off a hard copy of the confirmation notice and/or or save a soft copy for your own records.
6. ORDER DELIVERY
6.1 You recognise and accept that this Site may, from time to time, be adversely affected by events outside our reasonable control and that delivery of an individual copy of a Product ordered by you may be affected or delayed by such. You also recognise and accept that delivery of an individual copy of a Product may be affected by the performance of your Network, a factor which is outside our control.
6.2 We will use all reasonable endeavours to ensure the uninterrupted and timely delivery of an individual copy of a Product ordered by you and will take all reasonable steps to correct any error, omission or mistake of our making. However, we will be under no liability to you for any error, or delay, or failure in delivery of an individual copy of a Product.
6.3 The individual copy of any Product you have ordered shall be delivered to your Handset by way of a WAP Push or configuration SMS message.
6.4 If you have not received the individual copy of a Product you have ordered within 7 days of ordering, you are advised to email us at support@softwareimaging.com at the earliest opportunity to notify us of the problem. If our records show the individual copy of a Product as having been sent, we may, at our sole and absolute discretion, attempt to resend to the Handset again free of charge up to a maximum of two more times. The same individual copy of a Product will only be resent to the same Handset and number supplied by you. If your Handset continues to be unable to receive delivery of an individual copy of a Product and the reason for non-delivery is not attributable to any of the Terms herein we will refund your payment.
6.5 We shall not be liable to you in any way for any failures, defects or delays in the delivery of any particular Product which are caused by any event outside of our reasonable control and including but without limitation any one or more of the following reasons: (a) you have provided incorrect information when ordering any particular Product; (b) your Handset is not able to receive any particular Product; (c) your message mail box is full and has no additional memory to receive any particular Product; (d) your Handset is out of range of your Network or for some reason cannot be contacted; or (e) you accidentally erase any particular Product; or (f) you supply any information or instructions which are incomplete, incorrect, inaccurate, illegible or in the wrong form.
6.6 Please note that an individual copy of a Product may be disabled or lost if a Handset is repaired and/or replaced and/or upgraded by any party.
7. GRANT OF LICENCE
7.1 Unless otherwise specified in a ‘click-thru’ licence supplied with any Product, upon purchase SIL hereby grants you a personal perpetual, non-exclusive and irrevocable, non-transferable right and license to install and use the purchased Product only on the single Handset to which the Product is delivered.
7.2 Any and all reproduction or redistribution of any Product is expressly prohibited by law, and may result in civil and criminal penalties. You may not (or permit others to) at any time copy, distribute, license, transmit, sell, publish, transfer otherwise make available any individual copy of a Product to any third party user at any time. You may not or attempt to (or permit others to) at any time modify, reformat, reverse engineer or decompile (except to the extent as may be expressly permitted by applicable law) any individual copy of a Product.
7.3 You hereby agree to indemnify and to hold SIL harmless from any loss or damage SIL may incur by reason of any breach by you of any of these Terms including but without limitation any infringement of the grant of license and/or click-thru license provisions by you or any third party permitted or instructed by you.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights in the Product(s) (subject to the rights of any third party licensor or supplier) offered via the Site belong to SIL.
8.2 All names, images and logos identifying SIL within this Site and/or on any Product(s) are subject to copyright, design rights trade marks and other intellectual property rights of SIL.
8.3 Other than as stated in the grant of license and/or ‘click-thru’ license nothing contained in these Terms shall be construed as conferring by implication or otherwise any licence or other right to use any trademark, patent, design right, copyright or other intellectual property rights of SIL.
8.4 The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
8.5 You specifically agree that we are not liable to you for any claimed infringement of another party's rights, including intellectual property rights.
9. WARRANTIES & LIABILITIES
9.1 SIL WARRANTS AND REPRESENTS THAT IT HAS ALL NECESSARY RIGHTS TO GRANT THE LICENCE TO USE ANY PARTICULAR PRODUCT OFFERED VIA THIS SITE AND SOLD PURSUANT TO THESE TERMS.
9.2 NOTHING IN THESE TERMS WILL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS. IF YOU ARE A CONSUMER (WITHIN THE MEANING OF THE UNFAIR CONTRACT TERMS ACT (UK) 1977), THE CONTENT OF THESE TERMS WILL NOT AFFECT YOUR STATUTORY RIGHTS.
9.3 SIL SHALL HAVE NO OBLIGATION TO YOU OTHER THAN TO USE ALL REASONABLE ENDEAVOURS TO DELIVER ANY PARTICULAR PRODUCT ORDERED BY YOU AND DELIVERED TO YOUR HANDSET IN ACCORDANCE WITH DELIVERY INFORMATION PROVIDED BY YOU. SIL’S LIABILITY (IF ANY) HEREUNDER SHALL NOT IN ANY EVENT: (A) EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PARTICULAR PRODUCT ORDERED; NOR (B) SUBSIST MORE THAN THREE (3) MONTHS AFTER THE DATE OF PURCHASE OF ANY PARTICULAR PRODUCT BY YOU.
9.4 SIL ACCEPTS NO LIABILITY FOR ANY ADVERSE EFFECTS YOU MAY SUFFER BY REASON INSTALLING AND/OR USING ANY PARTICULAR PRODUCT. NOTWITHSTANDING THE FOREGOING SIL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, ECONOMIC OR OTHER CONSEQUENTIAL DAMAGES SUFFERED BY YOU OF ANY KIND.
9.5 SIL ACCEPTS NO LIABILITY FOR THE OPERABILITY OF EXISTING SOFTWARE OR OTHER ITEMS THAT MAY CURRENTLY BE INSTALLED OR STORED ON YOUR HANDSET.
10. MISCELLANEOUS
10.1 These Terms govern the contract between both parties to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by both parties.
10.2 If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
10.3 These Terms, together with the Product(s) descriptions and prices on this Site, and contact details and Privacy Policy set out the whole of our agreement relating to the offer and supply of any Product(s) by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
10.4 The forbearance or failure of us to enforce any of our rights or remedies to which we are entitled under these Terms shall not be construed as a waiver of these rights or remedies and shall not restrict us from enforcing these rights or remedies in any other instance at any time. The rights and remedies provided in these Terms in favour of us are cumulative and (subject as provided in these Terms) are not exclusive of any rights or remedies provided by law.
10.5 The cost of any communication with us by you will be limited to the charges you would normally incur for use of the internet or phone charges in accordance with personal arrangements made with your internet service provider and/or your Network provider.
10.6 The contract between both parties shall be governed by English law.