Mobile Cloud Systems Ltd – Terms of Service
Last updated 20th July, 2017
The following are a summary of headings that make up our Terms of Service with you and these are:
- The Agreement
- About Mobile Cloud Systems
- Acceptance of Agreement
- Customer Status
- Description of Products
- Third Party Resellers
- Returns, Cancellations & Faulty Goods
- Prices & Payment
- Manufacturer’s Warranty
- Recycling – WEEE
- Terms + Conditions for this Website
Please read this agreement carefully. It contains important clauses which impose obligations on you and which limit or exclude our liability to you.
1. The Agreement
This page (together with the documents referred to on it) (together, called the “Agreement”) tells you the terms and conditions on which Mobile Cloud Systems Ltd supply any services and/or Products listed on the Mobile Cloud Systems website from which you can access this page including, in particular, www.mobilecloudsystems.com (called the “Website”)
You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Mobile Cloud Systems which is not set out in this Agreement. Nothing in this condition excludes or limits Mobile Cloud Systems Ltd liability for fraudulent misrepresentation.
The Agreement (including any documents referred to in it) may be revised from time to time by Mobile Cloud Systems Ltd. Therefore, the Agreement (including any documents referred to in it) should be read carefully before ordering Products and Services from Mobile Cloud Systems Ltd each time you intend to make a purchase.
In this Agreement, “you” and “your” means both you and/or the person, organisation or entity on whose behalf you are acting.
2. About Mobile Cloud Systems
All Help & Support issues should be accessible on this Website. If you feel they are not covered you can send your query to firstname.lastname@example.org
3. Acceptance of Agreement
Please read the Agreement (including any documents referred to in it) carefully before ordering any Products and Services from Mobile Cloud Systems. It should be understood that by ordering any Products and Services from Mobile Cloud Systems, you (including any person, organisation or entity on whose behalf you are acting) agree to be legally bound by the Agreement (including any documents referred to in it) and confirm your understanding of it.
If you refuse to accept the Agreement (or any part of it), you will not be able to order any Products or Services from us.
Please note that no terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document or communication supplied by you form part of this Agreement or any Contract as a result of such document or communication being referred to in the Contract or otherwise.
This Agreement prevails over any terms and conditions put forward by you and no conduct of Mobile Cloud Systems constitutes acceptance of any terms or conditions put forward by you (unless Mobile Cloud Systems expressly agrees to them in writing by express reference to this clause).
4. Customer status
By placing an order with Mobile Cloud Systems, you agree and warrant that:
you are legally capable of entering into this Agreement and on behalf of any person, organisation or entity on whose behalf you are acting;
you are a natural person, are at least eighteen (18) years old;
the information you provide to Mobile Cloud Systems for the purpose of ordering Products or services is complete and accurate;
you are legally and fully entitled to use any method of payment for the purpose of making a purchase and sufficient funds are available to cover the cost of purchases by you; and
if you are acting on behalf of a business, company or organisation, such business, company or organisation is sufficiently creditworthy and able to cover the cost of purchases by you.
5. Description of Products
You are solely responsible for using your skill and judgement to choose the Products (and their specification) which are suitable for your purposes and needs and ensuring that they are compatible with any other products or systems you have.
Mobile Cloud Systems Ltd will supply Products to you subject to, and in accordance with, this Agreement and the relevant Contract. The quantity, specifications and description of the Products is as set out in the Purchase Confirmation.
All samples, drawings, descriptive matter, specifications and advertising issued or made available by Mobile Cloud Systems Ltd and any descriptions or illustrations contained in Mobile Cloud Systems Ltd’ brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and this is not a sale by sample.
6. Third Party Resellers
Mobile Cloud Systems Ltd may provide links on this Website to the websites of other companies and persons, whether affiliated with us or not. Mobile Cloud Systems does not give any undertaking or assurance whatsoever that any products or services purchased from third party resellers through this Website, or from companies or persons to whose website Mobile Cloud Systems Ltd has provided a link on this Website, will comply with the terms of any third party reseller’s contract, will be fit for purpose, of merchantable quality and/or match its description. Any such warranties and any other terms, conditions and/or warranties expressed or implied by common law, statute or otherwise are expressly disclaimed and excluded by Mobile Cloud Systems Ltd.*
*The disclaimer in the above immediate clause does not affect your statutory rights against the third party reseller.
7. Returns, Cancellations & Faulty Goods
Mobile Cloud Systems Ltd takes every care to ensure your Product arrives to you in good condition on rare occasions a Product may get damaged in transit. If you do receive a damaged Product, please contact us straight away by emailing email@example.com and we will arrange a free of charge collection and either a refund or replacement product. You should:
Not use the product, for your own safety;
Inform us straight away
Should you suspect a fault with your product please make sure that you have read the troubleshooting section of the manual that accompanied the Product as it may be a common fault that can be easily resolved. Should you not be able to resolve the problem email us at firstname.lastname@example.org. For all Products should the fault occur within 21 days from the date of delivery, you have the option of a refund or an exchange. Please note that we may ask to inspect the goods to confirm the fault or ask you to carry out a telephone diagnostic to make sure it is not a problem that can be resolved quickly.
8. Prices & Payment
All our prices are in Euro and exclude VAT. The total cost of your order will be the price of the Products and/or Services you order, plus any additional services you choose, for example, installation, training, etc.
Prices and delivery charges are liable to change or variation at any time but changes will not affect orders in respect of which we have already sent you a quotation (please see quotation note, for life span of the quotation).
Payment for all Products and Services should be made to Mobile Cloud Systems Ltd within 30 calendar days of issue of invoice for the Products and Services.
Any dates or times specified by us for procurement and/or delivery of the Products are an estimate only and time for supply of Products is not, and may not be made by notice, of the essence of this Agreement. See below an estimate of delivery times for the delivery of Products.
Mobile Cloud Systems Ltd will use reasonable efforts to supply Products pursuant to a Contract within the estimated date specified in the Purchase Confirmation or, if no date is specified, within a reasonable period which, if you are a Consumer (but not otherwise) will be no more than thirty (30) days from the date you submitted your order (unless otherwise agreed between you and us).
You are not, subject to clause 9, entitled to terminate a Contract by reason of the failure of Mobile Cloud Systems to supply Products by the estimated supply date and we are not liable to you for any losses whatever caused by such failure.
If you are a Consumer and the delivery date cannot be met, and the revised delivery date is more than thirty (30) days from the date of the Purchase Confirmation, you can cancel the Contract without charge and obtain a full refund if you notify us, within two (2) days of being informed of the new delivery date, that you are not happy with the revised delivery date.
You must take delivery, and make all arrangements necessary to take delivery, of the Products when they are made available by Mobile Cloud Systems (or its agent) at the Delivery Point (your address) during the period for delivery confirmed in the Purchase Confirmation.
Delivery is deemed to take place on and from when the Products are made available by us (or our nominee) at the Delivery Point. We may deliver the Products at any reasonable time before or after the quoted delivery date and time, subject to prior notification.
You must examine the Products immediately upon receipt of them and notify us promptly of any mis-delivery.
We aim to ensure your order arrives complete and in good condition. If the Product is missing, damaged or if the order is incorrect, please can contact us at email@example.com.
10. Manufacturer’s Warranty
All goods supplied carry a manufacturer’s warranty. This will deal with the repair of any product which was working at the point of receipt but developed a subsequent fault. Warranty varies with manufacturer and you should check your documentation and contact the manufacturer or their advised agent for help before returning goods to us. Our Customer Service Department can advise you on this.
LCD screens: Pixel failure on LCD screens is not unusual and acceptable to a prescribed level under international standards. If you feel you are affected by this please contact our Customer Service Department
11. Recycle – WEEE
Irish LegislationThe Irish government implemented the WEEE (Waste Electrical and Electronic Equipment) Directive 2002/96/EC in August 2005. From 13 August 2005, all Producers and Distributors (Retailers) of EEE must comply with the WEEE Regulations 2005. The purpose of this Directive is, as a first priority, the prevention of waste electrical and electronic equipment (WEEE), and in addition, the reuse, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste. It also seeks to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment, e.g. producers, distributors and consumers and in particular those operators directly involved in the treatment of waste electrical and electronic equipment.
How does it work?
Consumers from in the Republic of Ireland will be able to return waste electrical and electronic equipment to Mobile Cloud Systems Ltd free of charge on a one-to-one basis. This means that when purchasing an equivalent product, you can return your old version to us provided it is a like-for-like equivalent, or has fulfilled the same function as the newly supplied equipment. For example, you’re entitled to send back a tablet computer, provided you purchased a comparable tablet computer.
Items you are returning as WEEE must be returned within a maximum of 30 days from the date of delivery
You can return your old product at the time of sale of the new product when you can call us to arrange to collect your old product within 15 days of the date of sale/delivery.
PLEASE NOTE: If you are recycling a product that holds personal data, for example, a tablet computer, you will need to have removed the information from your old product prior to us receiving it as we will not carry out any data removal.
You can also bring your waste to your local civic amenity centre of which there are numerous located throughout the country. For your nearest centre please see the Environment, Community and Local Goverment website.
For more information about WEEE please visit www.weeeireland.ie
Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. There is a bin for small batteries in your local store. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free.
We offer no guarantee of suitability for the product you select and the onus lies with you to satisfy yourself in advance of purchase.
We cannot accept responsibility for circumstances outside our control, such as in the case of strikes, fire, war, acts of terror, riots, violent disorder, natural disasters, shortages in stock or transportation, exchange fluctuations, currency shortages, governmental or regulatory action, or delays in deliveries from suppliers or manufacturers or the effect of such delays. In such an event the agreement for sale can be terminated by either party, without compensation, with written notification to the other after 30 days or any time thereafter.
We will seek to resolve any dispute amicably and where that is not possible then through an agreed third party and where such effort does not reach an outcome satisfactory to both parties then it should be referred to the relevant court of law.
We will not accept any responsibility or liability for customer data. It is the responsibility of the customer to ensure they have a copy of or have removed any data from a product before returning it to us.
13. Terms + Conditions for this Website
We, Mobile Cloud Systems Ltd, and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.
You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
All content and functionality on the website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Mobile Cloud Systems and is protected by Irish and international copyright laws. All rights not expressly granted are reserved. Any communications between you and Mobile Cloud Systems, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the website are the registered and unregistered Trademarks of Mobile Cloud Systems Ltd. You agree that you will not refer to or attribute any information to Mobile Cloud Systems Ltd in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Mobile Cloud Systems Ltd without written consent from Mobile Cloud Systems Ltd.
Use of Site Content
You may not reproduce, modify, distribute, transmit, post, or disclose the Website Content without Mobile Cloud Systems Ltd prior written consent. When you use the website, you can read and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the website by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Mobile Cloud Systems Ltd), and you agree not to post or use any Content in any manner that:
infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
violates the privacy, publicity, or other rights of third parties,
is unlawful, defamatory, discriminatory, libellous, obscene, abusive, threatening, harassing, pornographic,
hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by eLearning Services in its sole discretion,
is false or inaccurate, or
could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our users, you may be exposed through the website or services to Content that violates our policies or is otherwise offensive. You may use the website and services at your own risk. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
Notices of Infringement
Mobile Cloud Systems Ltd prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the website, please write to Mobile Cloud Systems Ltd, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorised on the owner’s behalf to assert infringement of the right. Mobile Cloud Systems Ltd, following confirmation of the alleged infringement to be true, will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish law upon receipt of such a statement. Mobile Cloud Systems Ltd contact for submission of notices under this Section is: firstname.lastname@example.org
General rules of user conduct
It is our goal to make the use of our website and services a good experience for all of our users, so you agree not to do any of the following:
conduct or promote any illegal activities while using the website or services;
upload, distribute or print anything that may be harmful to minors;
attempt to reverse engineer or jeopardize the correct functioning of the website or services, or otherwise
attempt to derive the source code of the software (including the tools, methods, processes, and
infrastructure) that enables or underlies the website;
attempt to gain access to secured portions of the website to which you do not possess access rights;
upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
use the website to generate unsolicited email advertisements or spam;
use any automatic or manual process to search or harvest information from the website, or to interfere in any
way with the proper functioning of the website; or
impersonate another user.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Services in accordance with this Agreement. “Mobile Cloud Systems” and “PIMeo” are our trademarks. Other product and company names that are mentioned on the Website or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Mobile Cloud Systems Ltd website, excluding all intellectual property of other sites obtained by way of API (Application Programming Interface) and linking and Content posted by our customers, is owned by Mobile Cloud Systems Ltd. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Mobile Cloud Systems Ltd, subject to copyright and other intellectual property rights under Irish Law, the law of the jurisdiction where you reside, and international conventions. Content provided by Mobile Cloud Systems Ltd is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Security and Privacy
Information, such as credit card information provided in connection with a purchase, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase, other than your credit card information, may be disclosed by us to the Mobile Cloud Systems Ltd Merchant for their commercial purposes including provisioning the sale item.
You have a statutory right to a 7 day right to cancel (cooling-off period) when purchasing online. If the product is defective in anyway, please return it or notify us with a covering letter and we will deal with the issue.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MOBILE CLOUD SYSTEMS LTD IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILE CLOUD SYSTEMS LTD AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. MOBILE CLOUD SYSTEMS LTD SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER MOBILE CLOUD SYSTEMS LTD NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Limitations of Liability
Your sole and exclusive remedy for any dispute with us is to discontinue your use of Mobile Cloud Systems Ltd. We, our affiliates, officers, directors, agents, vendors, and merchants, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the site and services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, software error, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and merchants, shall be limited to the extent permitted by law.
Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against Mobile Cloud Systems Ltd or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website.
The communications between you and Mobile Cloud Systems Ltd use electronic means, whether you visit the Website or send us emails, or whether Mobile Cloud Systems Ltd posts notices on the Website or communicates with you via email or Newsletter. For contractual purposes, you (a) consent to receive communications from Mobile Cloud Systems in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mobile Cloud Systems Ltd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Third-Party Web Sites
Governing Law; Jurisdiction
These Terms are governed by the laws of the Republic of Ireland without reference to the principles of conflicts of laws thereof. Any dispute arising from these T&C shall be resolved exclusively in the Republic of Ireland.