CyberSentry Ltd. Sales Terms
Please read the following important terms and conditions before you buy any antivirus software from us and check that they contain everything you want and nothing that you are not willing to agree to.
You acknowledge that we are a reseller of various antivirus software products. When purchasing the antivirus software you will be required to accept the software licence terms imposed by the owner of the antivirus software. We are authorised on behalf of the owner of the antivirus software to sell the software on their behalf and collect the payment from you for the software.
Important information on downloading costs and ‘bill shock’:
When you buy your antivirus software it will download automatically onto your computer or device. Please check the file size of your antivirus software carefully as using too much data might mean that you exceed your data limit on your mobile phone and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘we’, ‘us’ or ‘our’ means CyberSentry Ltd.; and
• ‘you’ or ‘your’ means the person buying antivirus software from us.
If you have any questions about this contract or any purchases you have made, please contact us by:
• sending an email to support@cybersentry.com; or
Who are we?
We are CyberSentry Ltd., a company registered in England and Wales under company number 10048405. Our registered office is at: Ridown Building Fulcrum 2, Solent Way, Whiteley, Fareham, England, PO15 7FN.
1. Introduction
1.1. If you buy antivirus software from us you agree to be legally bound by this contract.
1.2 These terms and conditions apply only if you are buying antivirus software on our site as a consumer (i.e. for purposes outside of your business, craft or profession).
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any antivirus software on our site you also agree to be legally bound by:
1.4.1 our website terms and conditions and any documents referred to in them; and
1.4.2 specific terms which apply the antivirus software such as the end user licence with the antivirus software owner. If you want to see these specific terms, please visit the relevant webpage for the antivirus software.
1.5 All of the above documents form part of this contract as though set out in full here.
2. Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made.
2.2 The key information we give you on our website regarding the antivirus software by law forms part of this contract as though it is set out in full here.
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Your privacy and personal information
3.1 Our Privacy Policy is available at www.cybersentry.com/privacy-policy
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. Ordering antivirus software from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on our partner’s site. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
4.3 Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download the antivirus software. Please click on the ‘key technical information’ button if you want to see the requirements.
4.4 When you place your order at the end of the purchase process with our relevant partner, we will acknowledge it by email. This acknowledgement will include the code which will allow you to download the antivirus software from the applicable third party provider.
4.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.5.1 the antivirus software is unavailable;
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the antivirus software from us;
4.5.4 we are not allowed to sell the antivirus software to you; or
4.5.5 there has been a mistake on the pricing or description of the antivirus software.
4.6 Your order will be completed once you have downloaded the antivirus software.
5. No right to cancel
5.1 When you place an order for antivirus software, you will be sent an activation link to download the antivirus software which will start immediately after you place your order. By acknowledging this means you lose your right to cancel.
5.2 This means that you do not have the right to cancel this contract once the automatic download of the antivirus software starts and are not entitled to a refund unless the anti-virus software is faulty.
5.3 This does not affect the rights you have if your antivirus software is faulty. A summary of these rights is provided at the top of this page. See also clause 10.
6. Permission to use the antivirus software
6.1 When you buy the antivirus software and it is downloaded (see clause 4.6), you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
6.2 The antivirus software:
6.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
6.2.2 is non-exclusive to you. We may supply the same or similar antivirus software to other users;
6.2.3 may be used only on the number of computers or devices notified to you;
6.2.4 may not be:
( a ) copied by you except for a reasonable number of necessary back-ups;
( b )changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
( c ) combined or merged with, or used in, any other computer program; or
( d ) distributed or sold by you to any third party;
6.2.5 contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
6.3 Except where you have permission to use the antivirus software under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the antivirus software or in any copies of it.
7. Subscription Charge
7.1 We will charge you a standard monthly fee for the antivirus software, which is referred to as the 'subscription charge'. You can request details of all charges by emailing support@cybersentry.com.
7.2 To use the antivirus software we will request that you complete an online direct debit mandate.
7.3 We will normally bill you monthly for the subscription charge unless we have agreed to provide you with a free trial period.
7.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.5 If you fail to pay
7.5.1 If you don't pay your subscription charge, we will remind you that this is outstanding. If we still don't receive payment we may:
(a) withdraw your entitlement to any promotional discount which is applicable to your account;
(b) end our contract by providing you with written notice and withdraw your right to use the antivirus software.
( c )re-try your direct debit collection
7.6 On 1st April in each year your standard monthly fee will increase by an amount equal to the Retail Prices Index rate published by the Office for National Statistics in March (“RPI Rate”) plus up to 3.9% . We will apply the adjustment from April. If the RPI Rate is a decrease your standard monthly fee will not be reduced. You will not be subject to this increase on 1 April in the first year of your contract, but you will in all subsequent years of your contract.
7.7 If we change our pricing, you'll have a right to leave the contract early without having to pay any extra charges. We will let you know if this is the case and what to do before the changes are made. If you take no action within 30 days of us telling you about the price changes you'll be considered to have accepted those changes.
8. Free Trial
8.1 We may provide you with a free trial of antivirus software.
8.2 The free trial will last for the period set out in your order and will start from the date you accept the free trial.
8.3 You can cancel the antivirus software at any time from the date you accept the free trial by contacting support@cybersentry.com.
8.4 Please note that if you do not cancel the antivirus software free trial before the end of the free trial period you will be liable to pay the monthly full subscription charge for the antivirus software.
8.5 After the free trial, the cost of the antivirus software will be payable in accordance with clause 7 (Subscription Charge).
9. Nature of the antivirus software
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The antivirus software that we provide to you must be as described, fit for purpose and of satisfactory quality.
9.2 We are under a legal duty to supply antivirus software that is in conformity with this contract.
9.3 When we supply the antivirus software:
9.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
9.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and
9.3.3 you acknowledge that there may be minor errors or bugs in it.
10. Faulty antivirus software
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 visit our webpage: www.cybersentry.com; or
10.1.2 contact us using the contact details at the top of this page.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 If your antivirus software is faulty, please contact us using the contact details at the top of this page.
10.4 To avoid faults in the antivirus software, you must install any fixes as soon as reasonably possible after you are told that they are available to be downloaded.
11. Ending the contract
11.1 You may end the contract at any time on providing to us 30 days’ notice.
11.2 To end the contract with us, please let us know by visiting www.cybersentry.com.
12. Limitation on our liability
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.3 business losses; or
12.1.4 losses to non-consumers.
13. Disputes
13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the antivirus software you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
13.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
13.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
