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Netsparker Terms and Conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site or Purchaser and Netsparker Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that Netsparker Limited advertises and / or makes available for sale through this Web Site;
“Netsparker Limited” means Netsparker Ltd, a company registered in England under company number 06947644 whose registered office address is 522 Uxbridge Road, Pinner, Greater London, HA5 3PU.
“Service” means collectively any online facilities, tools, services or information that Netsparker Limited makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser” means any person or business that buys Goods from Netsparker Limited from this Web Site;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our normal place(s) of business listed on our website at www.netsparker.com.
“System” means any online communications infrastructure that Netsparker Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Netsparker Limited and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.netsparker.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Business Customers

2.1 These Terms and Conditions apply to business customers only.

3. International Customers

3.1 If Goods are being ordered from outside Netsparker Limited’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Netsparker Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Netsparker Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Netsparker Limited.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

6.1 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

7.1 This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Netsparker Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Use of Communications Facilities

8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

8.1.1 Obscene or vulgar language must not be used;

8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3 Content that is intended to promote or incite violence must not be submitted;

8.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.5 The means by which Users identify themselves must not violate these terms of use or any applicable laws;

8.1.6 Users must not impersonate other people, particularly employees and representatives of Netsparker Limited or our affiliates; and

8.1.7 Our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 You acknowledge that Netsparker Limited reserves the right to monitor any and all communications made to us or using our System.

9. Termination and Cancellation

9.1 Either Netsparker Limited or a User may terminate an Account. If Netsparker Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

9.2 If Netsparker Limited terminates an Account; any current or pending purchases on your Account will be cancelled and will not be dispatched.

9.3 Netsparker Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

9.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.

9.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

10. Payment

10.1 Any and all invoices are due for immediate payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Netsparker Limited.

11. Goods, Pricing and Availability

11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Netsparker Limited correspond to the actual Goods, Netsparker Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.

11.2 All pricing information on the Web Site is correct at the time of going online. Netsparker Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

11.3 In the event that prices are changed during the period between an order being placed for Goods and Netsparker Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

11.4 All prices on the Web Site do not include VAT. Netsparker Limited’s VAT number is GB 973 8164 82.

12. Property, Risk and Account of Profits

12.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Netsparker Limited. Title remains with Netsparker Limited until payment is complete.

12.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Netsparker Limited or forming a component part of a larger Good, and any amount of the purchase price payable to Netsparker Limited remains outstanding, the Purchaser must account to Netsparker Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Netsparker Limited until payment has been received in full by Netsparker Limited.

13. Delivery

13.1 Once your order has been accepted and payment has been received, Netsparker Limited will provide you with a licence file by email as notification that goods have been dispatched to you.

14. Returns Policy

14.1 Netsparker Limited aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

14.2 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us in accordance with 14.5 within 10 days to reject the Goods.

14.3 Upon receipt of a rejection under 14.2, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

14.4 Goods may only be rejected if the any packaging remains unopened or in the case of electronic delivery the accompanying licence remains unactivated.

14.5 If the Purchaser wishes to return Goods to Netsparker Limited for any of the above reasons, please contact us using the details on netsparker.com to make the appropriate arrangements.

14.6 Netsparker Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

14.6.1 Any use or enjoyment that you may have already had out of the Goods;

14.6.2 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

Such discretion to be exercised only within the confines of the law.

15. Privacy

15.1 Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

16. Disclaimers

16.1 Netsparker Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

16.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

17. Changes to the Service and these Terms and Conditions

17.1 Netsparker Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If Netsparker Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

18. Availability of the Web Site

18.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

18.2 Netsparker Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1 To the maximum extent permitted by law, Netsparker Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

19.2 Nothing in these Terms and Conditions excludes or restricts Netsparker Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Netsparker Limited.

19.3 Nothing in these Terms and Conditions excludes or restricts Netsparker Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

19.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

20.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

21.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Notices

22.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to here. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

23. Law and Jurisdiction

23.1 These terms and conditions and the relationship between you and Netsparker Limited shall be governed by and construed in accordance with the Law of England and Wales and Netsparker Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.