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1.Interpretation
1.1 In these Conditions: (Buyer) means the person who accepts
the quotation of the Seller for the sale of the Goods &
Services or whose order for the Goods & Services is
accepted by the Seller. (Goods & Services) means stream
hosting, dedicated servers, consultancy or other Goods &
Services (including any installment) which the Seller is to
supply in accordance with the Conditions. (Seller) means Mouse
to Mouse Solutions Limited (acting on behalf of African
Internet Radio) hereafter known as the Company. (Conditions)
means the standard terms & conditions of sale set out in
this document & (unless the context otherwise requires)
includes any special terms & conditions agreed in writing
between the Buyer & the Seller. (Contract) means the
contract for the purchase & sale of the Goods &
Services. (Writing) means letter, facsimile transmission, E
Mail or comparable means of communication.
1.2 Any reference in these Conditions to any provision of
statute shall be construed as a reference to that provision as
amended, re-enacted or extended at the relevant time.
2. Basis of Sale
2.1 The Seller shall sell & the Buyer shall purchase the
Goods & Services in accordance with any written quotation
of the Seller which is accepted by the Buyer, or any order of
the Buyer which is accepted by the Seller, subject in either
case to these Conditions.
2.2 These Conditions shall govern the contract to the
exclusion of any other term & conditions subject to which
any such quotation is accepted or purported to be accepted or
any such order is made purported to be made by the Buyer.
2.3 No variations to these Conditions or special terms shall
be binding unless agreed in writing between the Buyer &
Seller.
2.4 The Buyer will be responsible for the selection of the
Goods & Services & any advice, recommendation or
statement given or made by the Seller or its employees or
agents to the Buyer or its employees or agents as to the
suitability, fitness or any purpose application or use of the
Goods & Services is intended for guidance only & is
followed or acted upon entirely at the Buyers own risk.
3. Orders
3.1 Orders should be placed through our secure e-commerce
facilities.
3.2 The quantity & description of the Goods & Services
shall be those set out in the Seller’s quotation (if
accepted by the Buyer) or the Buyers order (if accepted by the
Seller), but in either case the Goods & Services shall be
inclusive of any amendments issued by the Seller prior to date
of activation.
3.3 The Buyer shall be responsible to the Seller for ensuring
the accuracy of any order submitted by the Buyer.
3.4 No order which has been accepted by the Seller may be
cancelled by the Buyer except with the agreement in Writing of
the Seller.
4. Price of Goods and Services
4.1 The price of the Goods & Services shall be the Sellers
quoted price on the Sellers website at the time of purchase
or, in the case of purchases by means other than by the
website, where no price has been quoted (or a quoted price is
no longer valid), the price listed in the Sellers published
price list current at the date of activation of the order. The
price listed will be increased by the charge (if any) made by
the Seller for any amendments to Goods & Services issued
to date of activation. All prices quoted are valid for 30 days
only or until earlier acceptance by the Buyer, after which
time they may be altered by the Seller without giving notice
to the Buyer.
4.2 The Seller reserves the right, by giving notice to the
Buyer at any time before activation, to amend the price of the
Goods & Services to reflect any changes in the cost to the
Seller which is due to any factor beyond the control of the
Seller, any change in activation dates or quantities which is
requested by the Buyer, or any delay caused by any
instructions of the Buyer or failure of the Buyer to give the
Seller adequate information or instructions.
5. Terms of Payment & Refunds
5.1 Subject to any special terms agreed in Writing between the
Buyer & the Seller, the Buyer shall pay the price of the
invoice by return (unless by special arrangement with the
company). The time of payment of the price shall be of essence
of the Contract. Receipts for payment will be issued.
5.2 In the case of payments made via e-commerce, refunds will
only be made to the credit or debit card on which payment was
originally made, and only after written agreement has been
made between both the Buyer and the Seller.
5.4 If the Buyer fails to make any payment on the due date
then, without prejudice to any other right or remedy available
to the Seller, the Seller shall be entitled to: cancel the
contract or suspend any further deliveries to the Buyer;
appropriate any payment made by the Buyer to such of the Goods
& Services (or the Goods & Services supplied under any
other contract between the Buyer & the Seller) as the
Seller may think fit); & charge the Buyer interest (both
before & after any judgment) on the amount unpaid, at the
rate of two per cent per annum above LIBOR from time to time,
until payment in full is made (a part of a month being is
treated as a full month for the purpose of calculating
interest).
6. Delivery
6.1 Orders will be processed as detailed in the Product
Specification. Any times and or dates quoted for activation or
delivery of the Goods & Services are approximate only
& the Seller shall not be liable for any delay in the
activation or delivery of the Goods & Services howsoever
caused. Time for activation and or delivery shall not be of
the essence unless previously agreed by the Seller in Writing.
6.2 Where the Goods & Services are to be delivered in
installments each delivery shall constitute a separate
contract & failure by the Seller to deliver any one or
more of the installments in accordance with these Conditions
or any claim by the Buyer in respect of any one or more
installments shall not entitle the Buyer to treat the Contract
as a whole as repudiated.
7. Risk and Property
7.1 Risk of damage to or loss of the Goods & Services
shall pass to the Buyer upon actual delivery.
7.2 Notwithstanding delivery & the passing of risk in the
Goods & Services, or any other provision of the
Conditions, the property in the Goods & Services shall not
pass to the Buyer until the Seller has received in cash or
cleared funds payment in full of the price of the Goods &
Services.
7.3 Until such time as the property in the Goods &
Services passes to the Buyer, the Buyer shall hold the Goods
& Services as the Sellers fiduciary agent & bailiff,
& shall keep the Goods & Services properly stored,
protected & insured & identified as the Sellers
property
7.4 Until such time that the property in the Goods &
Services passes to the Buyer the Seller shall be entitled at
any time to require the Buyer to deliver up the Goods &
Services to the Seller & if the Buyer fails to do so
forthwith, to enter upon the premises of the Buyer or any
third party where the Goods & Services are stored &
repossess the Goods & Services.
8. Restrictions on Use
8.1 Please note that any breaches against the contracted
product specifications that any client commits to via purchase
are considered against the acceptable use policy and will be
treated as such.
8.2 The Buyer acknowledges that the copyright & all other
intellectual property rights in the Goods & Services are
& will remain the property of the Seller. The Buyer
warrants that it will take all necessary measures to protect
the valuable intellectual property of the Seller. The Buyer
may not re-sell, loan or part with possession of the Goods
& Services or any part of them & may not copy or
reproduce in any form the Goods & Services unless
expressly agreed.
8.3 The Buyer is precluded from selling, licensing or in any
way parting with possession of any resulting product without
the consent in writing of the Seller which if granted will be
on terms including royalty.
9. Warrant and Liabilities
9.1 If the Buyer encounters any inaccuracy or ambiguity in a
Goods & Services, the Buyer will notify the Seller without
delay. Free supply of any such amendments shall constitute the
full extent of the Buyer’s rights & the Sellers
liability for any such inaccuracy or ambiguity.
9.2 Whilst all reasonable care is taken in the preparation
& review of Training courses & materials, the Seller
does not warrant that the content of the Goods & Services
is accurate or up to date or that the Goods & Services are
suitable for the Buyer’s purposes.
9.3 Subject as expressly provided in these Conditions &
the fullest extent permitted by law all warranties conditions
& other terms & duties implied by statute or common
law are excluded:
9.4 The Buyer is responsible for ensuring that it obtains
& uses the latest amendments or additions to Goods &
Services; where a Goods & Services is incorporated into or
referred to in a contract between the Buyer & a third
party that the Goods & Services is correctly applied under
that contract.
9.5 The Buyer acknowledges that a Goods & Services does
not purport to include all the necessary provisions of a
contract with a third party & that compliance with a Goods
& Services does not of itself confer immunity from legal
obligations.
9.6 The Seller shall have no liability with regard to the
content or the use of any Goods & Services which is not
published under the authority of the Seller. On request the
Seller will assign to the Buyer the benefit of any warranty
given by the publisher to the Seller.
10. General
10.1 Any notice required or permitted to be given by either
party to the other under these Conditions shall be in writing
addressed to that other party at its registered office or
principle place of business or such other address as may at
the relevant time have been notified pursuant to this
provision to the party giving the notice.
10.2 No wavier by the Seller or any breach of the Contract by
the Buyer shall be considered as a wavier of any subsequent
breach of the same or any other provision.
10.3 If any provision of these Conditions is held by any
competent authority to be invalid or unenforceable in whole or
in part of the validity of the provisions of these Conditions
& the remainder of the provision in question shall not be
affected hereby.
10.4 The Contract shall be governed by the laws of England
& Wales and the parties submit to exclusive jurisdiction
of the Courts of England.
SECURITY
No credit or debit card details are stored once your order
has been processed. This is why you can save your
favourite delivery address but need to enter your card details
each time you order.
We recommend that you always close down your Internet browser
when you have finished shopping online, especially if you use
a shared PC. This will delete temporary Internet cookies from
any sites that you may have visited.
Privacy Policy
Contact Us
If you have any comments or queries in connection with our
privacy policy, please email us for further information.
Use Of Your Information
1. When you register and use this site:
You will be asked to provide certain information such as your
contact details. We will store this data and hold it on
computers or otherwise. We will use this data to fulfil our
agreement with you.
2. We may use information that you provide or that is obtained
by us:
(a) To register you with our web site and to administer our
web site services;
(b) for assessment and analysis (e.g. market, customer and
product analysis) to enable us to review, develop and improve
the services which we offer and to enable us to provide you
and other customers with relevant information through our
marketing programme. We may use your information to make
decisions about you using computerised technology, for example
automatically selecting products or services which we think
will interest you from the information we have. We may keep
you informed of such products and services (including special
offers, discounts, offers, competitions and so on by any of
the following methods:
email
telephone (including automated calls)
SMS text message and other electronic messages such as picture
messaging
post
fax
or otherwise (including products and services of other
companies and organisations) which we consider may be of
interest to you.
(c) To administer any prize draws or competitions you may
enter.
3. We may supplement the information that you provide to us
with information that we receive from third parties.
Fraud Prevention
4. In order to protect our customers and us from fraud and
theft, we may pass on information that we obtain from making
identity checks and other information in our customer records,
including how you conduct your account, to other Group
companies, other retailers and to financial and other
organisations (including law enforcement agencies) involved in
fraud prevention and detection, to use in the same way.
Disclosure of Your Information
5. We may give information about you to the following, who may
use it for the same purposes as set out above:
(a) to other companies in the Group;
(b) to employees and agents of the Group to administer any
accounts, products and services provided to you by the Group
now or in the future;
(c) agents who (on our behalf) profile your data so that we
may tailor the goods/services we offer to your specific needs;
(d) to other organisations for the administration of prize
draws or competitions.
(e) to anyone to whom we transfer or may transfer our rights
and duties under our agreement with you;
(f) if we have a duty to do so or if the law allows us to do
so.
Cookies
7. New technologies are emerging on the Internet that help us
to deliver customised visitor experiences. In particular,
there is a technology called "cookies" which may be
used by us to provide you with, for example, customised
information from our web site. A cookie is an element of data
that a web site can send to your browser, which may then store
it on your system. Cookies allow us to understand who has seen
which pages and advertisements, to determine how frequently
particular pages are visited and to determine the most popular
areas of our web site. Depending on the type of cookie we use,
cookies also allow us to make our web site more user friendly,
for example, permanent cookies allow us to save your password
so that you do not have to re-enter it every time you visit
our web site.
If you wish, you can usually adjust your browser so that your
computer does not accept cookies. If you do this, you will
still be able to browse around the site but the functions that
allow you to add items to your trolley, set up a new account
or access an existing account will not be available.
Alternatively you can adjust your browser to tell you when a
website tries to put a cookie on your computer. How you adjust
your browser to stop it accepting cookies or to notify you of
them, will depend on the type of internet browser programme
your computer uses. If your computer uses Microsoft Internet
Explorer or Netscape Navigator, you will need to follow these
instructions after clicking onto this link
www.allaboutcookies.org ("M2M" is not responsible
for the content of external websites. This link will open a
new window.) Go to the heading "Manage Cookies".
Click onto the option you prefer, either stopping cookies
being installed, or notifying you of them. From the list
provided, click onto the programme which your computer uses.
If this is not shown on the list, click on the
"help" heading on the bar at the top of this page,
search for information on "cookies" - an explanation
of how to delete cookies will appear, then follow these
instructions.
8. Please remember, cookies do not contain confidential
information such as your home address, telephone number or
credit card details. We do not exchange cookies with any third
party websites or external data suppliers.
9. Your browser also generates other information, including
which language the site is displayed in, and your Internet
Protocol address ("IP address"). An IP address is a
set of numbers which is assigned to your computer during a
browsing session whenever you log on to the Internet via your
internet service provider or your network (if you access the
Internet from, for example, a computer at work). Your IP
address is automatically logged by our servers and used to
collect traffic data about visitors to our web sites. We do
not use your IP address to identify you personally.
10. We only keep cookies for the duration of your visit to our
website, except where you save your login name as referred to
above.
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