Terms and Conditions
Parental Control Licence Agreement Terms and Conditions
PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL & USE THE MADASAFISH PARENTAL CONTROL SOFTWARE.
If there are any Terms and Conditions you do not understand, please contact Customer Services using the contact details set out on the Website at http://www.madasafish.com/contact. Calls to Customer Services and Technical Support may be monitored and recorded for training and quality assurance purposes.
YOUR RIGHT TO USE THE PARENTAL CONTROL SOFTWARE (THE "SOFTWARE") IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS LICENCE AGREEMENT ("LICENCE"). YOU AGREE THAT YOUR USE OF THE PARENTAL CONTROL SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AGREEMENT AND YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE, DO NOT INSTALL THE SOFTWARE.
The Software may include associated media, electronic and printed documentation. The Software will be deemed "in use" on a device when it is loaded and residing within either the temporary or the permanent memory of the applicable device.
The Software is only compatible with Microsoft Operating Systems Windows 2000, Windows XP and Windows Vista. IT IS NOT COMPATIBLE WITH APPLE MAC COMPUTERS. It is your responsibility to ensure that your computer is compatible prior to installing the Software.
1. Grant of Licence
1.1 In consideration of payment of the fees and your agreement to abide by the Terms and Conditions of this Licence, we grant to you a non-exclusive, non-transferable right to install and use a copy of the Software subject to the following terms:
You may:
(a) install the Software on a maximum of 3 single stand alone computers, terminals, desktops or other devices during the term of this Licence and so long as you comply with the Terms and Conditions of this Licence.
(b) create a single copy of the Software for back up purposes, provided the copy contains all the original Software's copyright, trademark and proprietary notices.
1.2 This Licence is not a sale of the Software or any copy of the Software. An express condition of this Licence is that we and our licensors retain all worldwide ownership of and rights, title and interest in and to the Software, and all copies and portions thereof, including without limitation, all copyrights, moral rights, trademark rights, trade secret rights and other proprietary rights therein and thereto, regardless of the form or media in or on which the Software or copies may exist.
2. Licence Restrictions
2.1 You may not:
(a) permit other individuals to use the Software except under the terms listed above.
(b) modify, translate, reverse engineer, decompile, disassemble or create works based upon either the Software or associated documentation.
(c) copy the Software except for the purposes outlined in clause 1.1 (b).
(d) lease, rent, transfer or otherwise transfer the rights to the Software or documentation. This Software is licensed only to you and may not be transferred to anyone without our prior written consent. Any authorised transferee of the Software shall agree in writing to be bound by the Terms and Conditions of this Licence.
(e) remove or alter any proprietary notices, trademarks, logos from the Software and any associated documentation and/or accompanying media.
(f) use the Software in any way to provide, or as part of, a commercial service or application.
(g) circumvent or attempt to circumvent the serial copying system embedded within the Software.
2.2. You agree that the use of the Software may be restricted by applicable laws and regulations, including without limitation, privacy laws. You represent and warrant that your use of the Software shall be in compliance with any applicable laws and regulations, including without limitation, privacy laws, and that we shall have no duty to and shall not investigate your use of the Software or right to use the Software. You agree to indemnify us against any claims that your use of the Software violates the rights of any third party or any applicable laws and/or regulations of any jurisdictions, except to the extent the Software infringes any patent, copyright or trade secret of a third party.
3. Subscription Service
3.1 Access to the Software, including the Parental Control Centre, is provided to you for a limited subscription period during the term of this Licence.
3.2 Your use of the Software, including access to the Parental Control Centre, will terminate upon termination of this Licence in accordance with these Terms and Conditions.
3.3 The Software consists of interactive Internet applications that perform a variety of communications, specifically monitoring, data gathering, collation, reporting and product updates, over the Internet as part of their normal operation. A number of these features are automatic and are enabled by default as key components of the product. By installing and/or using you consent to the Software's communications features.
3.4 Access to the Parental Control Centre is obtained through the use of a password and account information. You are responsible for maintaining the confidentiality of your password and your account information. You are responsible for all activities that occur within your account and you agree to notify us immediately of any, or any suspected, unauthorised use of your account. We will not be responsible in any way for any loss, or failure of the product, that you may incur as a result of any unauthorised use of your account and password.
4. Product Support
We will provide product support for the Software through the Madasafish Online Support Centre, which can be found at http://www.madasafish.com/support.
Telephone support is also available. Please using the contact details set out on the Website at http://www.madasafish.com/contact.
5. Limited Warranty
5.1 We warrant that for a period of thirty (30) days from date of installation, the Software, when used properly (this warranty will be void if a failure of the Software has resulted from accident, abuse or misrepresentation), will substantially achieve the functionality described in the user guides and any other documentation generally made available by us. Except for the limited warranty stated in the above sentence, the Software and any user documentation and/or operation guides are provided 'as is' without warranty, either expressed or implied, of any kind. To the maximum extent permitted by applicable law, we further disclaim all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non infringement. No oral or written information or advice given by us, our employees or our authorised agents/distributors shall create a warranty or in any way increase the scope of this warranty and you may not/should not rely on such information or advice.
5.2 Except as provided in 5.1, we do not warrant, guarantee or make any representations regarding the use, or the results of use of the Software, or written materials in terms of accuracy, reliability, correctness, completeness, currentness or otherwise. We do not warrant that the Software will prevent access to offensive, inappropriate or obscene material of any description.
5.3 You agree to assume the entire risk as to the results and performance of the Software.
6. Remedies
6.1 Our entire and sole liability and your exclusive and sole remedy for any breach of the warranty stated in section 5 shall be at our discretion:
(a) either to replace or repair the Software which does not conform to the warranty; and/or
(b) to advise you how to achieve substantially the same functionality with the Software as described in the user guides or other documentation through a procedure different from that set forth in the documentation.
6.2 This remedy is subject to your full compliance with the terms of this Licence. You must notify us within thirty (30) days of installing the Software of any defect in order to receive the remedies stated above. Repaired, corrected or replaced Software and documentation shall also be covered by this limited warranty for the period remaining under the original Software warranty or if longer thirty (30) days after the date we either distributed to you the repaired, corrected or replaced Software, or advised you how to achieve the functionality described in the documentation, whichever is applicable. Only if you have informed us of the problem with the Software during the applicable warranty period and provide evidence of the date of installation, will we be obliged to honour this warranty.
6.3 These remedies are your sole and exclusive remedies for breach of the limited warranty.
7. Limitation of Liability
7.1 In no event will we or our affiliates, partners, agents, distributors, suppliers and/or licensors be liable for any indirect, special, incidental, economic, cover, or consequential damages arising out of the use of or inability to use the Software, Software documentation or related technical/customer support, including without limitation, damages or costs (including legal fees) relating to the loss of profits, business, goodwill, data, or computer programs, personal or otherwise related to access or exposure to offensive, inappropriate or obscene material and/or virus infection, even if you have been advised of the possibility of such damages. In no event will the total liability of us and our affiliates, partners, agents, distributors, suppliers and/or licensors exceed the amount paid for the Software in any one (1) calendar year.
7.2 These limitations apply to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, our negligence, strict liability, misrepresentation and other torts.
7.3 The foregoing limitation of liability does not exclude or limit liability for death or personal injury resulting from any act or negligence by us.
7.4 You accept and acknowledge that the allocation of risk in this Licence reflects the price paid for the Software and also the fact that it is not within our control how or for what purposes the Software is used.
7.5 No statement contained herein shall affect the statutory rights of consumers.
8. Indemnity
8.1 You shall indemnify us, our employees and agents from and against all costs (including legal fees and costs), claims, demands, expenses, fines, penalties and liabilities whatsoever which may be made against, sustained, paid or incurred by us, our employees or agents as a direct or indirect result of your breach of contract, negligence, breach of statutory duty or other act or omission.
9. Minimum Licence Term
The Minimum Licence Term is one (1) month for monthly billed subscribers and twelve (12) months for annually billed subscribers. This Licence is effective on the date you install and register the Software and continues in effect for the duration of the Minimum Licence Term. Upon expiration of the Minimum Licence Term, this Licence shall automatically renew on a (1 month) monthly rolling term for monthly billed subscribers and for a term equal in duration to the initial Minimum Licence Term for annually billed subscribers. You will be charged for the Licence fees for the applicable renewal term in accordance with the terms described in Section 11.
10. Termination
10.1 If you wish to terminate this Licence you may do so by telephone. Contact details for our Customer Service department are set out on the Website at http://www.madasafish.com/contact.
10.2 Unless otherwise specified in this Licence, either you or we may terminate this Licence on giving not less than 28 days notice to the other; such notice not to expire before the end of the Minimum Licence Term.
10.3 We may terminate this Licence without notice if you fail to comply with any provision of this Licence.
10.4 Upon termination for any reason, you agree to destroy all copies of the Software, including any modified and back up copies. Upon termination there will be no refund of any monies or other consideration paid by you. The following Sections shall survive termination of this Licence for any reason: 1, 2, 5, 6, 7, 8 and 12.
11. Payment
11.1 We will bill you each month (for monthly billed subscribers) or each year (for annually billed subscribers) in advance for the Licence (the Fees). You will pay us the applicable Fees as notified by us to you. We reserve the right to change the Fees at any time on giving you not less than 28 days' notice. The changed fees will apply on expiry of this 28 day period unless you tell us in the meantime that you want to terminate this Licence.
11.2 We will seek payment either through your credit/debit card or from your bank or building society on or after the day on which the Fees are payable. If any instruction for such payment is not confirmed on the day we seek payment, we may suspend the Licence immediately without notice. We reserve the right to charge interest on any overdue Fees at a rate of 4% above the base rate of HSBC Bank plc until the Fees are paid.
11.3 If we suffer a chargeback (being a debit from our bank account or repayment by us as a result of a credit card transaction dispute procedure initiated by you) of any Fees (or part of them) paid by you to us, you will immediately repay us for the charged back sum and we may:
(a) immediately without notice suspend this Licence; and/or
(b) charge interest on the charged back sum at a rate of 4% above the base rate of HSBC Bank plc until the sum is repaid to us.
12. General
12.1 All intellectual property rights in or relating to the Software are the property of, or have been licensed to, us. You are only permitted to use these intellectual property rights as provided in this Licence and in order to use the Software. You will not use or allow anyone else to use any of our name, logo, trademark or other intellectual property rights or those of any affiliates, partners, agents, distributors, suppliers and/or licensors without our prior written consent.
12.2 We may change the Terms and Conditions of this Licence at any time by notice on the Website or email prior to the change becoming effective. You will be deemed to have accepted any such changes by your continued use of the Software. Changes to fees are covered by paragraph 11.1.
12.3 Notwithstanding any other rights that we may have in these Terms and Conditions, we reserve the right at any time (notwithstanding prior acceptance) to suspend, cancel, refuse to supply or terminate the provision of the Software wholly or partly without notice, and we shall not be liable for any loss suffered as a result of such suspension, cancellation, refusal or termination. If at the time we exercise our rights under this paragraph 12.3 and you have paid us any Fees in advance, we will reimburse you pro rata for the proportion of these Fees that relate to the period after this date.
12.4 This Licence constitutes the entire agreement between you and us in relation to the provision of the Software and supersede any representations, communications and prior agreements (whether oral or written) related to the subject matter other than fraudulent misrepresentation.
12.5 We may assign, sub-contract or otherwise deal with our rights or obligations under this Licence without giving you any notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Licence.
12.6 Neither party shall be liable to the other nor held in breach of the Terms and Conditions of this Licence to the extent that it is prevented, hindered, interrupted or delayed in the performance or observance of this agreement from causes constituting Force Majeure.
12.7 The Software is not to be considered fault-tolerant and is not designed or intended for use in environments requiring fail-safe systems performance, including without limitation, in the operation of aircraft traffic control/navigation or communication systems, health/direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage. We expressly disclaim any express or implied warranty of fitness for Fail-Safe Systems.
12.8 Any notice or communication required to be sent pursuant to these Terms and Conditions should be sent to us at Madasafish, The Balance, 2 Pinfold Street, Sheffield S1 2GU or to you at your current delivery address as stated in My Account.
12.9 If any provision of these Terms and Conditions of this Licence is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions, and the remainder of the provision in question, will not be affected.
12.10 Except as expressly stated in these Terms and Conditions, no person who is not a party to the Agreement will derive any benefit from it, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.11 This Agreement will be governed and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the English Courts.
Definitions
The following terms will have the following meanings:
"Parental Control Centre" means the secure website where you can change your settings, set your policies, and view all of your reports.
"We, Us and Our" means Plusnet Plc (no. 03279013) having its registered office at The Balance, 2 Pinfold Street, Sheffield S1 2GU.
"Website" means our Internet site which can be found at http://www.madasafish.com/
"You, Your" means the person, company or organisation whose details are included on the registration form.
