“Seller”, unless otherwise stated, means BCN Integrated Ltd., registered in England, No: 04490540 (in these Terms and Conditions “screentag.mobi” or “seller” also mean BCN Integrated Ltd.) whose registered office is at 145-157, Saint John Street, London, EC1V 4PY.
“Buyer” means the person, Company or Organisation whose name is shown on the Order.
“Legally Binding Person”, is the person authorized by a Company or Organisation to perform legally binding actions in its behalf.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“ScreenTag” means the set of services which the Seller is to sell in accordance with these Terms and Conditions of Sale, as described in each product page on screentag.mobi website.
“Order” means the Buyer’s order for services.
“Order Confirmation” means the Seller’s written Confirmation.
“Final Deliverables” means files delivered to the Buyer by the Seller.
“Price” means the price in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation
“Terms and Conditions of Sale” means the standard terms and conditions of sale set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
a. These Terms and Conditions of Sale and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Sale and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorised to make any representations concerning the services provided unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning services not confirmed in this way.
a. All services offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for doing so. No Order is deemed accepted by the Seller unless and until confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Final Deliverables without prior notice.
d. The Seller cannot undertake to give any assurance that the colours of Final Deliverables supplied will exactly match those displayed on the Buyer's monitor.
a. The Seller is VAT exempt, under the minimum VAT threshold scheme. Thus no VAT is due by the Buyer.
b. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
a. Final Deliverables are distributed electronically through the servers of the Seller and/or servers of third parties through accounts controlled by the Seller. Notifications for availability of Final Deliverables are communicated to the Buyer through normal e-mail messages.
b. The Seller will endeavour to process the Order and provide the set of services described in the related product description page on screentag.mobi within the time stated for each item. However, total processing time of each Order is highly affected by promptness of response at the side of the Buyer. Therefore, any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect Final Deliverables upon delivery. The Buyer may not reject Final Deliverables solely on grounds of variations on the technical specifications of the Final Deliverables. If Final Deliverables are alleged to be different from the technical specifications of the Buyer’s smartphone device, or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery by or on behalf of the Buyer.
d. If the Buyer wrongfully fails to take delivery of the Final Deliverables, the Seller shall be under no obligation to refund the Price.
e. Final Deliverables may not be returned to the Seller under any circumstances.
Property of Final Deliverables will not pass from the Seller to the Buyer on delivery. Final Deliverables will be Seller’s property. The Seller grants only the right to the Buyer to use the Final Deliverables for as long as the Buyer retains an active subscription to the Seller’s hosting services, renewed annually. Final Deliverables may not be separated from the hosting services offered by the Buyer (e.g. by making printed or digital copies of the Final Deliverables out of Buyer’s smartphone device)
a. The Seller will not be liable for delivery or faulty Final Deliverables unless a claim is notified to the Seller in writing, where upon reasonable inspection of the Final Deliverables, the Buyer should have become aware of such defect. The notification must include the Order confirmation number (issued by PayPal at the time of transaction) and details of the claim. In the case of a valid claim, the Seller, in its sole discretion, may replace the Final Deliverables. The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller' s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the screentag.mobi website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
e. In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to Buyer in connection with the services provided through the screentag.mobi website. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
a. Screentag.mobi website is owned and operated by the Seller. Unless otherwise noted in this website, the Seller owns the copyright with respect to all content on the website. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Seller’s copyright. Additionally, the screentag.mobi website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Sale; or (b) with the prior written permission of the Seller, or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The ScreenTag and ScreenTag.mobi logos, the ScreenTag name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. Screentag.mobi’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of screentag.mobi. ScreenTag.mobi’s trademarks and trade dress may not be used in connection with any product or service that is not offered by the Seller, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits screentag.mobi. All other trademarks not owned by the Seller that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by screentag.mobi.
d. As an express condition of the holding of an account with the Seller, the Buyer agrees that not to use the services offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party.
a. The Buyer acknowledges that screentag.mobi is a “service provider” under the United States Digital Millennium Copyright Act (the “DMCA”) and is therefore immune from liability under the DMCA. Consistent with the DMCA, screentag.mobi may accommodate standard technical measures used to identify and protect copyrighted works.
b. The Seller respects the intellectual property of others.
If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide Seller’s copyright agent with the following information:
(a) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed; the place where the material that you claim is infringing is located on the screentag.mobi website;
(c) Your address, telephone number, and email address;
(d) A statement that your claim of infringement is based on a good-faith belief;
(e) A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Seller’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
BCN Integrated Ltd.
145-157 Saint John Street
EC1V 4PY, London
a. The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (”the Act”).
a. Any notice given or made under the Contract must be in writing.
b. A notice served on the Seller will be addressed as provided in Term 9 and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
- if sent by personal delivery, upon delivery at the address of the relevant party; or
- if sent by first class post, two clear business days after the date of posting.
c. The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
- the date specified as the date on which the change is to take place; or
- if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
d. This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
a. The Contract shall be governed by and construed in accordance with English law.
b. The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the screentag.mobi website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
Information on screentag.mobi website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the screentag.mobi website is accurate, complete, reliable, current, or error-free.
A link to a non-screentag.mobi website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
In registering for a screentag.mobi account, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law and in case of a Company or Organisation, that he or she is a Legally Binding Person with the Company or Organisation. The Buyer agrees to keep his or her account details confidential. The Buyer further guarantees that the information supplied to the screentag.mobi website is accurate. Falsifying or omitting contact information such as a name, address, and/or telephone number when registering with screentag.mobi, is not permitted. Buyers are also not permitted to use fax or disconnected telephone numbers. When using this website, the Buyer must obey all applicable international, national, and local laws.
The Seller, in its sole discretion, may terminate the Buyer's Account Registration for violating screentag.mobi Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers Account Registration and/or give rise to civil action against the Buyer.
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from the Buyer's submissions to the screentag.mobi website, and/or from the Buyer's unauthorised use of material obtained through the screentag.mobi website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the screentag.mobi website.
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides the services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.