Before using our services, there are a few terms you should adhere to
Last updated: January 1st, 2017
Please read the following General Terms and conditions very carefully as they affect your use of the Website/App and your rights.
1.1 Your use of the Website / App
Your use of this Website/App is subject to these General terms and Conditions together with any more specific terms, we may draw your attention to before you purchase any product/s from the Website/App.
1.2 The following definitions apply
“Consumer”, “User”, “You”, “Your” shall have the meaning of the person willing to buy services/products.
“General Terms and Conditions” means these terms and conditions.
“Specific Terms and Conditions” means the Specific terms and conditions tailored to cover any product or service that you may purchase through the Website/App, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
“Website”, “Website/App”, “Site”, “Application” or “App” means the Website/App you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
“We” or “us” or “we” or “our” refer to Syscom Entertainment & Leisure Limited whose details are identified to you on the Website/App. Please note that because these General Terms and Conditions may apply to more than one Web Site/s of our associated partners, references to “We” or “Us” in their General Terms and Conditions means the company, partnership, or other organization that is identified on the home page of the Web Site you were browsing when you were referred to these General Terms and Conditions.
1.3 Information Contained on the Website
While we take all reasonable care to ensure that the information contained on the Website/App is accurate and up to date, we make no representations, warranties or undertakings about any of the information, content or materials provided on the Website/App (including, without limitation, any as to quality, accuracy, completeness or reliability).
All material on the Website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Web Site.
1.4 Updates and Changes
The Website/App is being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website/App or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
Changes to these "General Terms and Conditions" or to the "Specific Terms and Conditions" may be made at any time and your use of the Website/App or the purchase of products or services, is subject to any such changes. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website/App or purchase products or services from it.
1.5 Exclusion of liability to you from the use of the Website/App
The Website/App is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Any, and all liability to you that may arise from your access to and use of the Website/App, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
No warranty is given that the functionality of the Website/App will be uninterrupted or error free, that defects will be corrected, or that the Website/App or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
We are not responsible for the content of other Websites that link to the Website/App, nor are we responsible for the content of any Website to which links are provided from the Website/App. Links to other sites are provided purely for your convenience and do not imply that we approve of those sites.
Nothing in these "General Terms and Conditions" shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
1.6 Copyright and trademarks (Intellectual Property)
The copyright in all materials on the Website/App, including their design, layout, text, graphics, photographs and the source code and software belongs to their respective owners. Trade marks (whether registered ornot) company names and the like are the property of their respective owners.
You are licensed to view and temporarily store Website pages and their content in your browser’s temporary cache, and also to print out for reference a single copy for non-commercial purposes and off-line review. You may not sell or re-sell anything available from the Website, save to the extent expressly permitted pursuant to any product or service purchased by you from the Web Site where such permission is either expressly given or is a necessary attribute of the product or service concerned.
1.7 Force Majeure – supply of products/services ordered through the Website/App
In connection with the supply of any product or services orderedby you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a force Majeure event occur. If a Force Majeure event to which this clause applies shall occur, we agree to notify you as soon as practicable. In no case the payment made for the products/services will be refunded as we are not providing any physical or tangible good/s. However, any such refund terms or policies of our associated shall be followed as mentioned on their respective website/s.
1.8 Username and Password
The website/s of our Service Providers may provide the facility to register in order to gain enhanced access privileges or in order to purchase products or services. If you register, it is your responsibility to maintain the confidentiality of your password. On no account should you disclose your password to anyone else. You agree to indemnify and hold us and the other concerning service provider/s harmless for any loss or damage we may incur resulting from breach of this clause.
1.9 Data Protection
We take our obligations of confidentiality and the protection of your personal data very seriously. We will not, therefore, sell or make your data available to any third party without your prior consent, except for the following limited purposes.
Your data may be passed to other companies, partnerships or organizations in the same or associated management or control as ourselves for marketing purposes or to provide you with new product information that we think may be of interest to you. You agree that we or our associates may communicate with you by telephone, email, fax, or by post to advise you of new products or services that we or our associates may offer. You understand that your data may be transmitted and stored overseas (including outside the European Union) as part of these processes.
You may amend any information provided to us or any of our service providers as part of registration on the Website at any time.
1.11 Terminating the use of the Website/App
We or our Service Provider/s may withdraw or suspend your right to access or use the Website/App at any time, without prior notice and without providing any reason.
No waiver by us or our Service Provider/s (whether express orimplied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future.
If any provision of these General terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and compliance of the remaining provisions shall not be affected.
In the event of there being any conflict between these "General Terms and Conditions" and the "Specific Terms and Conditions" that apply specifically to the purchase of certain products or services through the Website/App, the Specific terms and Conditions shall prevail.
No person who is not a direct party to any agreement covered by these "General Terms and Conditions" shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
Where you are a consumer, you have the right to cancel the contract for the provision of goods or services, by stopping the use of the website/application at any time with in your FREE Trial period of 30 days from the date of your registration. If, however, you have subscribed our paid services and we have started to perform our side of the contract before you exercise your right to cancel, then the right to cancel is lost.
This clause applies where these "General Terms and Conditions" or the "Specific Terms and Conditions" provide expressly or by implication for the service of notices.
Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language. Any such notice shall be addressed to the usual business address of the other party and may be:
Personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address if it is delivered not laterthan 17.00 hours on a Business Day, or, if it is delivered later than 17.00 hours on a Business Day or at any time on a day which is not a Business Day, at 08.00 hours on the next Business Day; or
If within the United Kingdom, sent by first class prepaid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
If from or to any place outside the United Kingdom, sent by prepaid airmail, or by air courier in which case it shall be deemed to have been given seven Business Days after the date of posting in the case of airmail or two Business Days after delivery to the carrier, in the case of air courier;
Sent by facsimile, in which case it shall be deemed to have been given when dispatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any notice dispatched by facsimile after 17.00 hours on any Business Day or at any time on a day which is not a Business Day shall be deemed to have been given at 08.00 on the next Business Day; or
Sent by electronic mail, in which case, it shall be deemed to be given when received, but subject to the same provisions regarding receipt after 17.00 hours as apply to notices sent by Facsimile.
1.15 Governing law and Jurisdiction
Your use of the Website/App and the purchase of any products or services from it are governed in accordance with the laws of England & Wales (UK).
The English courts shall have exclusive jurisdiction over any dispute or difference what so ever arising out of or about your use of the Website/App or the purchase of any products or services from it.
Delivery terms quoted by us or our other Service Provider/s are subject to confirmation after order and are at times subject to unforeseen delays over which we have no control. The Company whilst making reasonable effort to comply with the quoted date of delivery shall not be liable for any penalty, loss, injury, damage or expenses directly or indirectly consequent upon any delay or failure in delivery or performance by the Company or its agents or servants from any course what so ever nor shall such delay entitle the client to cancel any order or refuse to accept or repudiate any contract forwork to be done. However, the application/software delivery is made online through downloadable link in the registered email of the "Consumer" and App Stores. No physical media of the software/application has to be sent in any means.
2SPECIFIC TERMS AND CONDITIONS
2.1 Specific Terms and Conditions Applied
These specific terms and conditions are applicable to online transactions made through our software/application or website.
“Syscom”, “we”, “us” or “ourselves” means Syscom Entertainment & Leisure Limited whose registered office is at: 1st Floor Offices 7 Gerard Street, Ashton-In-Makerfield, Wigan, England, WN4 9AG, UK with company registration number 09404370, registered in England & Wales.
All subscription orders that you place through our Payment Gateway Service Provider’s Website are deemed to be an offer by you to purchase the products or services that we supply subject to these Terms and are subject to acceptance of the order by us. We may choose not to accept any order without providing a reason.
You can get a free access to our services for an evaluation period of 30 Days, after that you can buy a package to access by making an online payment of “Non-Refundable Setup Fee”. You can decide to buy a license/subscription to either access few services through “Standard Package” or to full list of existing services as well as future updates also through an upgrade named “Premium Package”. The license/subscription is valid for 3 years from the date of purchase and there after liable to be renewed on yearly basis. The renewal fee may vary from time.
You are presented with a range of choices during the evaluation process. It is your responsibility to ensure that you read and understand the choices before you proceed with any purchase. Please contact us during usual office hours if you are unsure about anything before you proceed with a purchase. Please note that while we endeavor to respond to inquiries promptly, we cannot guarantee to do so. It remains your responsibility to take advice about the product you intend to order before theorder is placed.
2.4 Services not included in product purchased by you from us online
Our products/software/applications do not include any of the following in respect of any of the packages we offer for sale/subscription online:
* Accountancy advisory services, tax advice, auditing of your books or other services not expressly mentioned.
* Any advice on the suitability or adequacy of any service you may purchase from us for your intended purposes.
2.5 Price of Goods and Services
The price for any goods or services that you purchase from us is as set out under the option you select and unless otherwise stated, all prices are inclusive of all taxes at the prevailing rate.
We reserve the right periodically to update the prices on the Website/App and to add to, amend, or withdraw the products and services that we offer, without prior notice. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a refund.
We shall not be liable to anyone for withdrawing or amending any of the products/services we sell, or for refusing or failing to process an order.
2.6 Refund/Cancellation Policy
As we provide digital downloadable goods and that to be after the 30 days evaluation period is over, hence it is deemed that, you as a customer are fully satisfied with the performance of the website/software/application and then purchased it by making an online payment. Therefore, we do not provide any refund against payment made for subscriptions to access the website/application/software. If you are not satisfied, then you shall not make any kind of payment on our Website/App.
In any case of dispute, you need to contact us personally by generating a support ticket from your user panel. Should we face any kind of charge backs from our merchant account providers, the same would be levied on you.
All the penalties or charges incurred due to any dispute/s would be payable by the “Consumer”. You are strongly advised to seek independent advice before you purchase a product/service from us. We assume that you have done so. If you have not yet taken such advice, please do not proceed with any purchase until you have done so.
2.7 Incorporation of General Terms and Conditions
These "Specific Terms and Conditions" must be read together with the "General Terms and Conditions" above. The "General Terms and Conditions" apply to any agreement between us and to your use of the Website/App generally,including for the avoidance of doubt, clause 1.15, the jurisdiction and governing law clause.
2.8 Limited Liability Policy
You, as the client/customer/user limit the liability of Syscom Entertainment & Leisure limited to the services, work and goods ordered and paid for.
Syscom and you, as the client agree that we will not be involved in the use of any services, work and goods, that we have no personal interest, insight, control or influence into your business operations.
You, as the client indemnify us from all liability resulting from using the services, work and goods, not limited to but especially for operating companies.
In case of disputes between us and you, as the client, you agree the maximum extent of damage is limited by the order value, and cannot exceed £4,00.
Your situation will then be looked at individually and specific advice relevant to your circumstances can be given. Syscom accepts no responsibility for any loss arising because of reliance on any information contained in this website/app.
The information contained in this website/app is for general information purposes only. The information is provided by Syscom and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website/app or the information, products, services, or related graphics contained on the website/app for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or about,the use of this website/app.
Through this website, you can link to other websites which are not under the control of Syscom. We have no control over the nature, contentand availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website/app up and running smoothly. However, Syscom takes no responsibility for, and will not be liable for, the website being temporarily unavailable dueto technical issues beyond our control.