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Terms and Conditions
Welcome and about Us
1.1 Pigeon Post Box Limited welcomes you to this site (the Website). These are our terms and conditions for the use of this site and for the purchase of software (the Software) from us. By coming to this Website or by submitting answers to the questions that we ask or by purchasing, downloading, installing, and activating our Software, you are deemed to have read, understood, and accepted these terms and conditions (the Conditions) and other statements as posted at the time of using our site or purchasing Software. If you do not agree to these Terms and Conditions, please leave this Website.
1.2 We reserve the right to change these Conditions, other information on this site, its structure, and the specification of the Software, from time to time. We may withdraw the sale or distribution of the Software without prior notice, or liability to you. Please check the revision date of these Conditions and other statements here to see if they have been changed since you last read them.
1.3 These Conditions are the terms on which Pigeon Post Box Limited (We or us or our) offer the buyer (you or your) Software subject to a separate Licence Agreement (the Licence Agreement). Our acceptance of any purchase by you is expressly conditional on your consent to these Conditions.
1.4 By these Conditions, our obligations hold only to the extent that you follow our guidance and instructions and ensure that the Software is used for its intended purpose, namely personal use for pleasure, education, and private communication. We provide information about this purpose and about the conditions necessary to ensure that the Software is safe. You shall use the Software accordingly.
1.5 We reside at 52 Bonham Road, London, SW2 5HG, England. Our working hours are 9.15 am to 5.15 pm GMT from Monday to Friday, not including statutory public holidays in England and Wales or the period from 24th December to 2nd January when we are closed.
1.6 Any notice required under these Conditions shall be by post to the above address or by email to direct@pigeonpostbox.co.uk
1.7 The date that we store for a purchase or registration of Software is by Greenwich Mean Time, as set on our server, at the time any data is received.
1.8 If any part of these Conditions shall be found to be unlawful, invalid or unenforceable for any reason in whole or in part, it shall not affect the validity or enforceability of the remainder of the Conditions.
1.9 Failure or neglect by us to enforce at any time any of these Conditions shall not be a waiver of our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice our right to take subsequent action.
1.10 Nothing in these Conditions confers on any third party any benefit or any right to enforce any terms contained in these Conditions.
1.11 Subject to copyright as defined below, these Conditions are available for printing and saving to a separate file as and when required or desired.
1.12 Nothing in these Conditions shall affect your statutory rights under English Law.
Payment
2.1 The price of the license to use the Software shall be the price quoted on the Website at the time of your purchase.
2.2 All prices include Value Added Tax in accordance with the relevant regulations under the law of England and Wales.
2.3 On-line payment is made by credit card.
2.4 Payment is made in Pounds Sterling.
2.5 Payment is made secure by industry standard SSL (secure socket layer) technology and the encryption of personal and credit card data at the point when this data is sent by you.
2.6 We use Secure Trading as our secure online payment service provider. To buy from us on this Website, you will be passed to Secure Trading and then returned here.
Conditions of sale
3.1 You affirm that you are over 18 and the legal owner of the credit card with which you are making your purchase.
3.2 You affirm that the postal address given as the address corresponding to your credit card is a current residence or a place of work or a place at which you are known.
3.3 You affirm that all information given in the process of obtaining Software from us is correct.
3.4 You accept responsibility for the safe and appropriate use of the Software.
3.5 You affirm that you will not use the Website for any unlawful purpose whatsoever.
Software
4.1 Software sold from this site is essentially the same as, or better than, as demonstrated here at the time of purchase. These demonstrations are as authentic as we can make them.
4.2 For the time being, for one year from the date and time of your purchase of the Software, we offer you a free upgrade to whatever is the current version with the same version number, subject to your entry of the original registration code. We reserve the right to amend this policy at any time.
4.3 We recognise that despite our best intentions, the Software may not satisfy your expectations. If this happens, please tell us about the problem as you see it, in an email to feedback@pigeonpostbox.co.uk
Registration
5.1 In the process of downloading our Software you are given a unique Registration Code which defines your licence to use the Software, and allows you to take advantage of our upgrade policy, defined in 4.2 above.
5.2 Other aspects of registration are covered by terms 11.1 to 11.10.
Copyright and Trade Marks
6.1 The copyright, design right, database right and all other rights of a similar nature in the content provided by us on all of the pages in the Website are owned by us or licensed to us, unless otherwise specified, (including, but not limited to, design, images, text, look and feel, animations, and underlying source code on this site.)
6.2 The name Pigeon Post is a trade name and registered trade mark of Pigeon Post Box Limited.
6.3 Materials in which we have intellectual property rights cannot be copied, modified, distributed, re-published, or used in any way other than by the terms of these Conditions and the Licence Agreement or with our express prior consent in writing and without acknowledging our rights and naming the Website as the source.
6.4 You may use the Website for your private and personal non-commercial use only and we grant you a non-exclusive and non-transferable right and licence to access, use and download from this Website subject to these Terms. You may not sub-license or deal in this right without our prior written permission.
6.5 All other trade marks are acknowledged and we make no warranty or representation in respect of any other trade mark.
Gallery Postings
7.1 By sending us a posting for the gallery on this Website, where this may consist of any combination of sound, graphics, and text in any colour or text style (a “Gallery Posting”), you are granting us an irrevocable, non-exclusive, perpetual, royalty-free, worldwide licence to display or publish any of its contents.
7.2 You warrant that the copyright in and any other relevant rights to a Gallery Posting sent to us belong to you or the sender or a user for whom you are in a position to exercise responsibility. You will not knowingly submit material to be posted on the Website which infringes the copyright, design right, registered design right, database right, patent, registered or unregistered trade mark or any other right of a similar nature belonging to any legal or natural person.
7.3 Gallery Postings are at our sole discretion. We may remove Gallery Postings at any time.
7.4 In the event that we should ever use any of the contents of a Gallery Posting other than on this Website we shall at our sole discretion offer payment to the sender and, as soon as we have established that it is appropriate to do so, offer due credit.
7.5 Gallery Postings are between you and us. We undertake never to assign our rights in a Gallery Posting to any third party or to allow them to be displayed anywhere other than under our control.
7.6 We do not disclose the authorship of Gallery Postings. You hereby waive all rights of intellectual property in a Gallery Posting including the right to be identified as its author or creator.
Pigeon Post Netiquette
8.1 Our Software is for use subject to a set of conditions which we characterise as Pigeon Post Netiquette.
8.2 By Pigeon Post Netiquette users of our Software:
8.2.1 Do not use language or create images which are threatening, racist, abusive, discourteous, offensive, defamatory, pornographic or criminal, or which may have an effect which is, intentionally or otherwise, damaging, harmful or painful to any individual.
8.2.2 Do not post information or materials which might reasonably be expected to mislead or which would harm or violate the rights of anyone else, or which advocate or encourage others to commit any criminal, illegal or unlawful acts.
8.3 In our Gallery we do our best to uphold 8.2. We shall be entitled to add or remove material, at our sole discretion. However, we cannot and do not give any warranties in connection with upholding 8.2. To the maximum extent permitted by law, we exclude liability for any and all representations, warranties and conditions.
8.4 If you find any material that you believe breaches Pigeon Post Netiquette, please notify us by email to netiquette@pigeonpostbox.co.uk.
Liability
9.1 You recognise that any breach of Netiquette by you or by any other user of our software may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage which we incur as a result of a pigeon post from you or another user of our software for whom you have undertaken responsibility.
9.2 We reserve the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any pigeon post by you.
9.3 To the fullest extent permitted at law, we shall not be liable for any loss caused as a result of you or a user of the Software for whom you have undertaken responsibility doing, or not doing, anything as a result of viewing, reading or listening to any opinions or material here.
9.4 While we try to ensure that websites to which you have linked from this Website respect conditions similar to those which we adopt for ourselves, such sites are not under our control, we cannot vet them totally, and we are not responsible in any way for any of their contents.
9.5 While we try to ensure that this Website and our software remain free from contamination, we make no guarantees in this regard and accept no responsibility for any infection of any sort. You must take your own precautions in this respect.
9.6 While we try to ensure constant, uninterrupted access to this Web site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
9.7 While we do our best to eliminate errors, we do not warrant that this Website is error-free or that errors can be corrected. You visit this Website at your own risk.
9.8 Although we use advanced security measures to protect your information, we cannot absolutely guarantee its security, and shall not be responsible for this.
Child Safety
10.1 Within the limits of our ability, we take all steps necessary to ensure children's safety, as set out in our Child Safety policy.
10.2 If you think there are steps to ensure children’s safety which we should be taking, please email us at policy@pigeonpostbox.co.uk.
11.1 We make a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998 and the European Directive on Privacy and Electronic Communications (2002/58/EC).
11.2 We ask for your email address to which we can download the Software from our server. As part of the download, we send you a Registration Code which allows you to protect any personal information in the Software on your computer. You may wish to keep the Registration Code secret, not tell it to anyone, and write it down somewhere where it cannot be seen accidentally and where it is not easily found. You may wish to do this especially if you have configured the Software in such a way as to keep one or more members of your family safe.
11.3 While you are registering the Software, we ask you for some information. We keep our questions to the minimum, and refrain from asking questions relating to marketing. In asking you to give us this information, we stress that what you choose to tell us is quite different from giving information to a stranger on-line or filling in a personal profile for a chat-room.
11.4 Part of the information that we ask for allows a Registration Code which has been forgotten or accidentally lost to be recovered easily and reliably without compromising the security of our data storage system. We have a list of simple questions. You choose which of these to answer. For the sake of convenience you may choose to answer only one. For greater security you may choose to answer two. You cannot buy or download the Software without registering. You cannot register without answering one of these questions.
11.5 In addition, we also ask you to specify the relation between yourself and any other user or users of the Software. If the Software is to be used by a child under the age of 13, we ask to give us your name and address. We believe that the security of young users is enhanced if a record is kept of who they are and where they live. This is our sole reason for asking for this information. We keep it strictly private, and we do not use it for marketing.
11.6 If you have given us your email address and clicked on “Keep me in touch”, we shall from time to time email you to give you information we think you might want to have, such as when there is an upgrade which you may be entitled to download for free. We shall continue to do this until you tell us not to. If you do not want to hear from us again, you can tell us in two ways, You can go to the Register page, register using your Registration Code or by supplying the information you gave for this purpose when you registered, and select “Do not contact me again.” Or you can send an email to contact@pigeonpostbox.co.uk with the words "no contact" in the subject line.
11.7 We respect your right to privacy, your need to control information about yourself, and your wishes to teach younger members of your family about how to stay safe on the Internet. As serious Internet users, we respect your data just as much as we want ours to be respected. We do not trade our data, will not contact you for any reason other than by 11.6, and will not issue circulars on behalf of others. We shall not give or assign your data to any third party of any sort for commercial purposes.
11.8 If you have any reason to think that we are holding information which may be incorrect or inappropriate about a person or relationship, please contact us in writing by surface mail. As soon as we have established that such information is indeed incorrect or inappropriate, we shall either delete or amend the information, according to your wishes. This policy exists solely for the protection of children.
11.9 The only information we keep about you are your log in details and whatever you knowingly tell us in the process of registering.
11.10 We do all in our power to protect the information which you give us about yourself. Information about our visitors is stored on a secure system which is physically guarded round the clock somewhere in the British Isles. Access to that system is strictly controlled. Our policies to keep hackers out of our system are kept under review. But we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure.
11.11 If we receive information which we think may be a child's call for help, we confer with appropriate bodies about our response, according to our Safety Policy. If we have reason to believe that our Software is being abused, we make all efforts to track down the source of that abuse and prevent it from continuing. We reserve our right to inform the appropriate authorities if we are given what appears to us to be evidence of criminal behaviour.
11.12 If you have any questions or comments about privacy or our privacy policy, please contact us by email at policy@pigeonpostbox.co.uk.
11.13 We are registered with the Information Commissioner in accordance with the Data Protection Act 1998.
11.14 We encourage users of our Software to personalise it to the greatest possible extent to keep them and their work safe. Our Software is designed to facilitate this.
11.15 We have a dispute resolution policy. If you think we have not followed our privacy policy in some way, hopefully we can use this policy to address and resolve your concerns.
Cookies
12.1 In order to provide you with an up to date, efficient and reliable service, to enable you to use the Website with maximum security and the minimum amount of form filling, and for us to recognise you when you come back to our site, we use a device known as "cookies", which are pieces of information sent by our server (hosting this website) to your browser.
12.2 If you do not wish us to use cookies, please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this. Alternatively, information on how to disable cookies is available from www.dma.org.uk.
12.3 We do not use cookies in any way, other than as specified by 12.1.
General
13.1 Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
13.2 We may change or withdraw any part of the Website, at any time if we consider it necessary.
13.3 We act as principal on our own account and not as agent for you or any other person.
13.4 In the event that any part of these Terms is held to be unenforceable, such part will, at our option, be construed as far as possible to reflect the parties’ intentions, and the remainder of the provisions will remain in full force and effect.
13.5 The Terms that appear on the Website constitute the full agreement between you and us at this time. They apply to the exclusion of all other terms or conditions of contract proposed.
13.6 Use of Pigeon Post and these Terms are subject to the laws of England and the jurisdiction of the English Courts.
13.8 All questions, comments or enquiries about these Terms should be directed by email to policy@pigeonpostbox.co.uk.
13.9 We are a limited company, registered in England and Wales, with the company number, 04694778, and the registered address, 52 Bonham Road, London SW2 5HG.
28 July 2006
Copyright © Pigeon Post Box
52 Bonham Road
London SW2 5HG |
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