16. Our Liability:
We do not exclude or limit our liability where it is unlawful to do so. This includes liability for death, personal injury, fraud, or fraudulent misrepresentation. Different limitations and exclusions of liability apply to product or service supply, as specified in our Website terms and conditions for the supply of services.
16.1 Liability to Consumers:
Our site is intended for domestic and private use only. We are not liable for any loss of profit, business interruption, or business-related losses. If our defective digital content damages your device due to our negligence, we will repair the damage or compensate you. This does not apply if you could have avoided the damage by applying a free update or following installation instructions.
16.2 Liability to Businesses:
We exclude all implied conditions, warranties, and representations regarding our site and its content. We are not liable for any loss or damage, including loss of profits, sales, business, or data, arising from the use of our site or reliance on its content.
1. OUR AGREEMENT
1.1 Agreement Overview
These terms and conditions (Terms) govern all interactions between you and us related to subscriptions, free trials, and the utilization of our Services, whether or not a payment is required.
To enter into an agreement with us, you must be a resident of the United Kingdom, at least eighteen (18) years old, and have the legal capacity to form a contract.
1.2 Your Personal Data
Our Privacy Policy outlines how we handle the personal data you provide.
1.3 Language of Agreement
These Terms and the contract are established exclusively in the English language.
1.4 Keeping a Copy
For future reference, we recommend either printing a copy of these Terms or saving them to your computer.
1.5 Changes to These Terms
We reserve the right to update or modify these Terms, as well as any terms within your contract with us and referenced policies. Changes may be made for various reasons, including compliance with legal requirements, error correction, enhancing clarity, improving our Services, making technical adjustments, or other purposes. We may also adjust the Subscription Fee and payment frequency, as explained in Section 3.
Material changes that significantly affect you will be communicated with at least fourteen (14) days' notice via email. You'll have the option to cancel your Subscription or free trial and receive a pro-rata refund if Detrimental Changes occur during an active Subscription or free trial.
If Detrimental Changes apply upon renewal, they will take effect on your Automatic Subscription Billing Date, unless you disable automatic renewal.
1.6 Termination by Us
We reserve the right to terminate our contract with you and seek compensation if you fail to make payments or provide necessary information for us to deliver a Service. In such cases, your account data, including digital content, may be deleted without prior notice.
1.7 Transfer of Contract
We may transfer our rights and obligations under this contract to another organization, with written notice if you are a consumer, and your rights will not be adversely affected.
1.8 Your Transfer of Contract
You may transfer your contract with us to another party only with our agreement, and we may require proof of the transfer. We retain the discretion to deny such requests.
2. YOUR SUBSCRIPTION
2.1 Your Subscription, Subscription Fee, and Automatic Subscription Billing Date
Our Services, detailed in Section 4, are provided through a subscription model with recurring payments from you.
Your Subscription's duration (Subscription Duration) is stated on our website or as communicated by us. It begins when you initiate a paid Subscription or renew it on your Automatic Subscription Billing Date, concluding when the Subscription Duration lapses.
If your Subscription starts on a day not present in the concluding month, it ends on the last day of that month. For example, a 3-month Subscription beginning on January 31 ends on April 30.
The Subscription Fee is the upfront payment for your Subscription, inclusive of VAT and applicable taxes. By subscribing, you agree to pay this Fee for each renewal, until you or we cancel it in line with these Terms.
Your Automatic Subscription Billing Date marks the end of your Subscription or free trial and initiates automatic renewal, charging the Subscription Fee unless you disable this feature as outlined in Section 3.6.
2.2 Variations to Subscription Fee and Duration
We may alter the Subscription Fee and/or Subscription Duration, effective from your Automatic Subscription Billing Date. You'll receive a fourteen (14) day notice via email regarding such changes. If you disagree with the changes, you must disable automatic renewal before your Automatic Subscription Billing Date.
In the event of VAT rate changes before charging the Subscription Fee, we will adjust the VAT rate accordingly.
If errors in price or description occur, we will notify you by email. You can choose to cancel your Subscription at no cost and receive a refund, or proceed with the corrected terms.
2.3 Reduction of the Subscription Fee
We may, at our sole discretion, reduce the Subscription Fees at any time. Such reduction shall take effect from the date that notice of the change is communicated to you (either by email to the email address registered to your account or via a notification directed to you in the “Member Zone” on the site). Any subsequent increase of the Subscription Fees shall be notified to you in accordance with clause 2.2 above.
2.4 Automatic Renewal
Your Subscription automatically renews on the Automatic Subscription Billing Date for the Subscription Duration, even if we can't process payment until later. You can disable automatic renewal as explained in Section 3.6. Disabling it ceases access to our Services when your Subscription or free trial ends.
2.5 Payment Information
To access our Services, you'll create an online account and provide payment information, including Visa and Mastercard credit and debit cards. We securely retain this data for payment processing and future transactions. Third parties may process payments, and we may obtain updated card information for reattempting payments.
2.6 Charging the Subscription Fee after Free Trials
If offered a free trial, we'll charge the Subscription Fee on your Automatic Subscription Billing Date if you don't cancel or disable automatic renewal as detailed in Section 3.6. The Subscription starts on this date and lasts as advised when you commenced the trial. Our free trials are for eligible new and certain former customers, determined at our discretion. We can terminate free trials without notice for any reason.
2.7 Disabling Automatic Renewal
You can disable automatic renewal any time before your Automatic Subscription Billing Date or free trial expiration. This can be done by phone or by accessing your account settings as instructed. Disabling renewal stops access to our Services when your current Subscription or free trial ends.
2.8 Personal Use
Our Services are solely for personal use, granting you a non-exclusive, non-transferable license to use them during free trials and active paid Subscriptions. Your account, Subscription, and our Services are for your exclusive use, and you must not share access or license our Services to third parties.
2.9 Account Security
You're responsible for maintaining account security, keeping your password confidential, and preventing unauthorized access. Notify us promptly of any unauthorized access or use. We reserve the right to disable your account and password for non-compliance.
2.10 Subscription and Free Trial Termination
We can choose not to renew or cancel your Subscription, free trial, or access to our Services at our discretion, with or without reasons. In such cases, we'll make pro-rata refunds as described earlier.
3. ACCOUNT CLOSURE
If your free trial or Subscription expires or terminates, and you don't renew it on its Automatic Subscription Billing Date, your account will remain active for one (1) year. After this period, we may close your account without prior notice.
You also have the option to close your account at any time by requesting account closure from us. However, doing so will immediately end your free trial or Subscription, and you won't be entitled to a refund of any Subscription Fee you've paid.
If any of our Services involve providing digital content to you, you can access this content in your account as long as your account remains open. However, should your account be closed, whether by us or at your request, all data within it, including digital content, may be deleted without prior warning.
4. CONSUMER RIGHTS AND REMEDIES
This section specifically pertains to consumers. Business customers should refer to section 10 below for information applicable to them.
4.1 Our Legal Obligations
We are committed to fulfilling our legal duty to provide consumers with products that match the descriptions on our website and meet all legal requirements.
For instance, if you purchase a gift card, such as a Netflix Gift Card, it must meet the standards defined by the Consumer Rights Act 2015, which include being as described, fit for its intended purpose, and of satisfactory quality. If the digital content is faulty, you have the right to request a repair, replacement, or a refund. If the issue remains unresolved within a reasonable time and causes significant inconvenience, you may be eligible for a refund. In cases where the fault damages your device due to our lack of reasonable care, you may also be entitled to a repair or compensation (see section 8).
For Services like an Amazon Gift Card, the Consumer Rights Act 2015 grants you the right to request a redo or repair of the service if it wasn't performed with reasonable care and skill, or to receive a refund if the issue cannot be resolved. If the price and time for the service were not agreed upon upfront, they should be reasonable.
Please note that purchasing gift cards on our website may be subject to limitations or restrictions based on our monthly policy. These limitations ensure fair usage and availability for all customers.
4.2 Obtaining a Refund
As a consumer, you have the right to change your mind within fourteen (14) calendar days of being charged the Subscription Fee (the Withdrawal Period), subject to the following conditions:
You can withdraw from our contract and request a refund within the Withdrawal Period by clearly communicating your decision to us or by submitting a completed cancellation form.
However, you cannot exercise your withdrawal right after a Service has been fully performed if you expressly requested immediate performance and acknowledged that this would waive your withdrawal rights upon full performance.
If you withdraw after a partially performed Service, you may receive a partial refund, accounting for reasonable costs and fees already incurred.
Upon withdrawal, any refund owed to you will be processed within fourteen (14) days from the date you informed us of your decision. We will issue the refund using the same payment method you used for the Subscription Fee.
If you cancel or withdraw from our contract after the Withdrawal Period expires, you will not be eligible for a refund.
4.3 Cancellation Form
If you are a consumer and wish to exercise your right to cancel the contract, you can use the provided cancellation form.
Please fill out and submit this form if you intend to withdraw from the agreement.
To [Company name, address, telephone number, and, if applicable, fax number and email address]:
I hereby provide notice of my intent to terminate the contract for the provision of your Services.
- Ordered on/received on (select the appropriate option):
- Consumer's Name:
- Consumer's Address:
- Consumer's Signature (only necessary for paper submissions):
- Date:
6. LIMITATION OF LIABILITY
6.1 Our Liability to Consumers
Subject to the limits set out in this section, we may be responsible for losses you incur due to us breaching this contract, unless the loss is:
Unexpected: It was not foreseeable and nothing you or we communicated in writing before accepting your order for a subscription or providing a free trial indicated that such a loss might occur (making it legally unforeseeable).
Caused by an uncontrollable event: We have taken steps to inform you as soon as possible and minimize the delay.
Avoidable: You could have prevented it through reasonable action, such as following our advice, applying a free update, or meeting minimum system requirements.
Our total liability to you for all losses arising from or related to any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the Subscription Fee you paid for the Subscription or service that led to the loss.
6.2 Our Liability to Business Customers
If you are a business customer, we do not accept liability for:
Loss of profits.
Indirect or consequential losses arising from or related to any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
Our total liability to you for all other losses arising from or related to any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the Subscription Fee you paid for the Subscription or service that caused the loss.
6.3 Exceptions to Excluded Losses
The limitations in this section do not apply to:
Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors.
Fraud or fraudulent misrepresentation.
Breach of the terms implied by law.
Defective products under consumer protection law.
Any matter where excluding or limiting liability would be unlawful.
6.4 No Implied Terms About Goods
Except as expressly stated in section 10.2 concerning the rights of business customers, we exclude all terms implied by law.
7. NOTICES
When we mention "in writing" in these Terms, it includes email communication. Any notices or communications related to the contract must be in writing and can be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email. You can use our contact details provided in section 1.2 above to reach us. Notice is considered received:
For personal delivery, upon receipt of a delivery receipt.
For pre-paid first class post or similar services, at 9:00 am on the second working day after posting.
For email, at 9:00 am on the next working day after transmission.
This provision does not apply to serving legal proceedings or other legal documents.
8. ADDITIONAL TERMS FOR BUSINESS CUSTOMERS
8.1 Distinct Rights for Business Customers
Business customers have different rights and responsibilities compared to consumers, including limitations on cancellation, different rights for product or service issues, and distinct compensation for losses caused by us or our products or services.
A business customer is defined as an entity or individual transacting with us primarily for business, trade, craft, or professional purposes, even if it's an individual.
8.2 Rights of Business Customers
We warrant that, upon delivery and for one month thereafter (warranty period), any goods you purchase will:
Conform to their description and relevant specification.
Be free from material defects in design, material, and workmanship.
Be of satisfactory quality.
Be fit for any purpose represented by us.
8.3 Entire Agreement
For business customers, these Terms constitute the entire agreement between us regarding your purchase. You acknowledge that you have not relied on any statements, promises, representations, assurances, or warranties not expressly set out in these Terms. You also agree not to make claims for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
8.4 No Set-Off Rights
If you are a business customer, all amounts due under this agreement (from you to us or from us to you) must be paid in full without any set-off, counterclaim, deduction, or withholding, except for deductions or withholdings required by law.