Terms and Conditions
EyeSpy247 is the trading name of Defuturo Ltd - a company incorporated in England & Wales. Registration number 05688222.
These terms and conditions apply to your use of the Website www.EyeSpy247.com and our customer services. You agree to be bound by the terms and conditions set out below. Before you register your camera or purchase services, if you have any questions relating to these terms and conditions please contact our Customer Service Agents at support@EyeSpy247.com , or call us between 9am-4pm on the number displayed on our website. Calls may be recorded or monitored for security and training purposes.
"Conditions" means these terms and conditions;
"Goods" means goods displayed for sale on the Website;
"Online Sales" means sales of Goods and Services conducted through the Website;
"Personal Information" means the details provided by you on registration;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
"Registration" means the process of registering Your camera and/or opening an account on our website;
"Services" means services displayed for sale on the Website;
"Users" means the users of the Website collectively;
"User Information" means the details provided by you on any application to buy or register Goods or Services from us via the Website or the Customer Care Centre;
"Us/Our/We/EyeSpy247" means Defuturo Ltd.
"You" and "Your" means the customer/User of our website and services;
"Website" means the website located at www.EyeSpy247.com or any subsequent URL which may replace it.
A: ACCESS AND USE OUR OUR WEBSITE
1. Access
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions. If you use the website, you are responsible for maintaining the confidentiality of your account and password to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
EyeSpy247 reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Your Obligations
You...
2.1. agree not to use the Website (or any part there of) for any illegal or immoral purpose and agree to use it in accordance with all relevant laws;
2.2. agree not to use the website to transmit material other than for security recording and monitoring purposes. In particular, the Sexual Offences Act 2003 created an offence of "voyeurism" in the UK - the spirit of this Act is applied to your worldwide use of Our services, and we will permanently cease the provision of any services to you if We believe (in Our reasonable judgement and whose decision in these matters shall be final) you to be guilty of breaking the letter or the spirit of the Act.
2.3. agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.4. will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.5. will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.6. will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.7. will not attempt any unauthorised access to any part or component of the Website; and,
2.8. agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
2.9. the Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and
2.10. will notify us immediately of any changes to the Personal Information by updating Your information on the website, and
2.11. will not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2.12. agree to register by providing your real name, phone number, e-mail address, payment details and other requested information
2.13. are over 18 years of age
2.14. must provide an address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
2.15. possess a valid credit or debit card issued by a bank acceptable to our payment processing provider(s).
2.16. confirm that any credit/debit card that is being used to buy Goods or Services from Us are is in Your name.
2.17. are aware that you require an active Broadband connection and such costs, including line rental, are your responsibility.
3. Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
4. Our Rights
4.1. We reserve the right to:
4.1.1. modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2. change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2. We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3. We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5. Third Party Links & Services
5.1. In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources;
5.2. The notification of an event to the internet server, and the subsequent sending of emails and SMS messages both involve third party networks over which the Company has no control. The Company will do its reasonable best to ensure that it reacts promptly to requests to send emails and SMS alerts, but it is not responsible for delays in receipt of emails and SMS messages or any losses sustained or contributed to by such delays. In subscribing for this service you absolve the Company of all liability as a result of data loss or delay however caused.
6. Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
7. Camera Content
All content made available on the cameras through using the services, whether publicly posted or privately transmitted, is the sole responsibility of the party from which such information originated. You are entirely responsible for all information transmitted using the camera.
B. PURCHASE OF GOODS/SERVICES
7. Contract creation and electronic contracting on the website.
7.1. The technical steps required to create the contract between You and Us are as follows:
7.1.1. You place the order for Your Products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
7.1.2. We will send to You an order acknowledgement email detailing the products You have ordered. This is not an order confirmation or order acceptance from Us.
7.1.3. As Your product is shipped from our warehouse We will send you a despatch confirmation email.
7.1.4. Order acceptance and the completion of the contract between You and Us will take place on the despatch to you of the Products ordered unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these conditions.
7.2. Non-acceptance of an order may be a result of one of the following:
7.2.1. The product you ordered being unavailable from stock.
7.2.2. Our inability to obtain authorisation for your payment.
7.2.3. The identification of a pricing or product description error.
7.3. You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
8. Orders for Goods and Services
8.1. All orders are subject to acceptance and availability. If the Good You have ordered is not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.
8.2. Each Good or Service purchased is sold subject to the terms and conditions and warranties as applied to each product or service.
8.3. We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
8.4. You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
8.5. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
8.6. Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We despatch the Good to You or commence the provision of the Services or when We debit Your credit or debit card, whichever is the earlier. We reserve the right to reject any offer to purchase made by You at any time.
8.7. You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Website.
8.8. By making an offer to buy a Product and or Register a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
8.9. Free delivery and service credits will apply only to appropriate goods that have been purchased directly from EyeSpy247.com.
9. Right of Cancellation
9.1. If you are a private consumer you may cancel any purchase at any time within 7 working days from the day after completing your order for the Services (in respect of Services) or 7 working days from the day after receipt of the Goods (in respect of Goods) without incurring any obligation or liability to us. However, you will not receive refunds for any Services once we have started to provide them with your agreement. Please note that if you do not return all accessories that were included with the Goods, we shall be entitled to charge you for the cost of the missing items. If you do not return the Goods to us in accordance with this Agreement, you must make the Goods available for collection and we may charge you the costs we incur in collecting it. You may examine the Goods, but must take reasonable care of it until returned or collected (we consider this to be undamaged with its original packaging).
9.2. If, after notifying us of your intention to cancel you have failed to return your Goods to Us by sending them special delivery or you fail to make them available for collection as requested, you hereby irrevocably agree to pay EyeSpy247 the retail price of the Goods and you authorise us to take this amount from your credit or debit card or through such other means as we may require.
9.3. If you cancel your order you must:
9.3.1. notify us by email at admin@EyeSpy247.com
9.3.2. retain possession of the Goods;
9.3.3. take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us; and
9.3.4. ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, You (as the case may be).
9.4. We will refund the monies you have paid to us within 30 days of you giving notice under the relevant contract, save any administration or other costs as communicated to you within our confirmation of cancellation email.
9.5 We cannot refund unused service credit fees on your account for any reason but you are welcome to use up whatever credit you have. To avoid this do not overpay credit into your account.
C. GENERAL
10. Transfer of rights and responsibilities
You may not transfer or try to transfer any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission, provided the level of service you currently experience is not reduced as a result.
11. Intellectual Property and Right to Use
11.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
11.2. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11.3. This website or any portion, including but not limited to logos, text and other embedded work, of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
12. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
13. Limitation of Liability
13.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website. We make no warranties, whether express or implied in relation to its accuracy.
13.2 The Website and Services are provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
13.3 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
13.4. To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
13.5. Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under English law.
13.6. The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:
13.6.1. you should rely on the information (whether provided by us or third parties);
13.6.2. we endorse the information, products or services provided by third parties; or
13.6.3. the product and services that we provide are suitable for you. It is your responsibility to check this out. Some of the services on this site may not be available or may have changed.
13.7. We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to You.
13.8. You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
13.9. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
13.9.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
13.9.2. any loss of goodwill or reputation; or
13.9.3. any loss which was not brought to Our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us;
13.10. in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
13.11. Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
13.12. We are not in any way responsible for anything mentioned on or linked to this site that someone else is marketing.
14. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
15. Waiver
No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.
16. Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
17. Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.
18. Law
18.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
19. Complaints Handling
19.1. There may well be occasions when you are unhappy with the service that We provided to You. In these cases, We will endeavour to be fair and efficient in handling any complaint You should have and to process your complaint confidentially
19.2. If You have a complaint, please send Us an email to complaints@EyeSpy247.com
19.3. We will endeavour to give You an answer within 7 working days and will provide You with a likely timescale for resolving the dispute. We will keep You informed about the progress of Your complaint.
19.4. We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved.
