c1ik Web Services Terms and Conditions of use - Please read carefully

Thank you for visiting the c1ik Web Site.

Your use of this Web Site is subject to the following Terms and Conditions. By using the Web Site you show your agreement to such terms. If you do not accept our terms, please do not use the Web Site.

1. General Terms and Conditions

1.1 Formation and exclusivity of the c1ik Web Services Terms and Conditions

These Web Services Terms and Conditions constitute the entire agreement between the parties, superseding any previous agreement or understanding and may not be varied except in writing between the parties.  All other Terms and Conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

1.2 Parties to c1ik Web Services Terms and Conditions

The parties to the Web Services Terms and Conditions are Bering Internet Limited (‘Bering’), operators of c1ik, and the user of this of this web site and/or purchaser of products and services from this Web Site (the ‘Customer’). The purchase of Goods from this site is subject to standard consumer credit protection (Consumer protection Sale and Supply of Goods Act 1994) with which these Terms and Conditions are fully compliant.

The word ‘Goods’ in these Terms and Conditions includes software sold on this Web Site for facilitating access to the Internet by the Customer for a prepaid period of time (the ‘c1ik Service’), and/or CD-ROMs or other data storage devices bearing software and/or PIN codes bearing the ‘c1ik’ brand.

2. Purchase of products and services from the c1ik site

2.1 Prices

Bering will confirm prices for Goods to Customers at the time when orders are confirmed.  All prices quoted are exclusive of VAT (if applicable) and to the extent that VAT is chargeable in respect of any Goods supplied by Bering, VAT at the rate in force at the time of supply will be added to payments due.

Bering reserves the right to increase the price of Goods at any time to reflect any increase in the costs to Bering due to any factor beyond Bering’s control (including, though not limited to, any increase in the costs of telecommunications, Internet access, printing, labour, materials or other costs or increases in price by those who supply Bering with goods and services.

2.2 Orders and Payments

Standard order processing is online using the services of Protx, Bering’s online Payment Service Provider.  The successful supply of Goods online requires a valid private email address personal to the Customer.  Bering will also accept orders in writing by telephone, letter, fax or by email, for which payment will be taken and confirmed over the telephone.  Telephone orders are fulfilled by post for which standard postal charges apply which will be added to the Customer’s order, except for Recharge PIN numbers which may be fulfilled by email. Card payment is accepted by Visa, Switch, MasterCard or American Express cards only.

2.3 Continuity of the c1ik Service

Bering will take the utmost care to provide a continuous and reliable c1ik Service.  In the unlikely event of any fault we would encourage the Customer to contact Technical Support immediately on 0905 051 0511 with the following information which is required for fault diagnosis and rectification: (N.B. calls to Technical Support cost 49p per minute from BT landlines. Other networks may vary):

·         Serial Number of the product (to find the serial number run the c1ik control panel and click the ‘OPTIONS’ button)

·         Date and time the fault occurred

·         Date and time the fault was reported

·         The telephone number from which the user was dialling

·         The nature of the fault and any known error messages.

Upon receipt of the fault report, Bering will take all proper steps without undue delay to correct the fault. Bering shall not, in any event, be liable for interruptions of the Internet service provider’s services or downtime of network access servers or modem equipment.

With respect to the continuity of the c1ik Service, Bering may:

·         temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the c1ik Service, generally without notice

·         give or update instructions regarding the use of the c1ik Service which in Bering’s reasonable opinion is necessary in the interests of smooth, continuous operations or to maintain or improve the quality of services to the end user

·         vary the technical specification of the c1ik Service for operational reasons.

Where the c1ik Service uses any third-party services Bering cannot be held responsible for those third-party service levels, quality or availability.

2.4 Returns Policy

Goods may not be returned by the Customer to Bering for replacement nor will Bering replace any returns if they have been used, partly used or activated.  If, as a result of a user complaint, Bering needs to verify if the software has been activated or used, the Customer must supply the Serial Number of the product. To find the serial number run the c1ik control panel and click the ‘OPTIONS’ button. If any item of Goods is reported faulty and is found upon investigation to be unreadable or unusable except for reasons attributable to the user or their hardware (see minimum system requirements printed on packaging or in the Frequently Asked Questions page on this Web Site) it should be returned to Bering in the original packaging with a note stating the circumstances and a replacement will be issued.

2.5 Force Majeure

Bering shall not be liable to the Customer or deemed to be in breach of the Agreement by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Bering’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Bering’s reasonable control; Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of Bering or any third party), difficulties in obtaining raw materials, labour, parts or machinery, power failure or breakdown in equipment

When delivery is delayed for reasons beyond the control of Bering, the Customer should accept a reasonable extension of time. Bering will usually give written, advanced notice if any delays are expected.

3. Other Terms and Conditions

3.1 End User License Agreement (EULA)

The use of c1ik by the Customer is subject to the Customer’s acceptance of the End User License Agreement (EULA).  The Customer will be invited to accept the EULA upon the first use of a new c1ik product.

3.2 Copyright

The copyright in the material contained in this Web Site belongs to the Bering Internet Limited. Visitors to this Web Site are asked to respect the following copyright conditions:

·         Web Site content may not be used for commercial purposes without permission from the author, which will be Bering Internet Limited unless stated otherwise;

·         Copies taken of content (with permission as appropriate) must retain any copyrights or other intellectual property notices contained in the original material;

·         The products and technology or processes described in this Web Site may be subject to other intellectual property rights reserved by Bering or by other third parties and no licence is hereby granted in respect of those intellectual property rights.

·         The names 'Bering' and 'c1ik' are registered trademarks. Images, logos and names on this Web Site which identify Bering and its companies or third parties and their products and services are proprietary marks of Bering Internet Limited and/or the relevant third parties.

·         Images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owners.

3.3 Intellectual Property Rights

All intellectual property rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes on this Web Site belong to Bering, except for the Google search engine and EasyByte Newsfeeds which have been included as a free service to Customers in accordance with the respective Terms and Conditions of those suppliers. All rights of Bering Internet Limited in such intellectual property rights are hereby reserved.

3.4 Links to other Web Sites

When the Customer clicks on certain hypertext links (hot links) they will lead to Web Sites that are not under Bering’s control. Bering accepts no responsibility or liability for material on any other Web sites.

3.5 Disclaimers and Limitation of Liability

Whilst Bering Internet Limited has taken every reasonable care in the preparation of the contents of this Web Site, this Web Site and the information, names, images, pictures, logos, icons, etc. regarding or relating to Bering, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.

Bering Internet Limited does not represent that the information contained in this Web Site is accurate, comprehensive, verified or complete and shall accept no liability for the accuracy or completeness of the information contained in this Web Site or for any reliance placed by any person on the information.

Bering Internet Limited does not warrant that the functions or materials accessible from or contained in this Web Site will be uninterrupted or error free, that defects will be corrected or that this Web Site or the server that makes it available are virus or bug free or represent the full functionality, accuracy or reliability of the materials.

Bering Internet Limited will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Web Site.

3.6 Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

Unless otherwise specified, the products and services described in this Web Site are available only to UK residents (excluding the Channel Islands and Isle of Man). However, browsing of the site is open to all and is welcomed on the understanding that the information and other materials contained in this Web Site may not satisfy the laws of any other country and those who choose to access this Site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

If any of these Terms and Conditions are deemed to be illegal, invalid or otherwise unenforceable by reason of the laws of another state or country, then that term or condition should be severed and the remainder interpreted in a way which allows for the fullest and most complete translation of them into that jurisdiction. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.

3.7 Changes to Terms and Conditions

Bering reserves the right to change these Terms and Conditions at any time by posting changes on the Web Site. The Customer’s is invited to review the Web Site Terms and Conditions periodically to check for updates.  Continued use of this Web Site after a change has been posted will be deemed to signify acceptance of the modified Terms and Conditions.

3.8 Ownership of Web Site

This Web Site is owned and operated by Bering Internet Limited, a private limited company incorporated with limited liability in the UK.

Registered in Cardiff with registered number 4510124.
Registered Office: Unit 3, Kingsmill Business Park, Kingston upon Thames, Surrey, KT1 3GZ