Terms of Business and Privacy Statement

Vigilant Software Ltd – Legal Statements

Privacy Statement

We regard your privacy as important. Information we collect from you, where you choose to provide it to us, enables us to send you information about products and services in which you register an interest. By providing us with your information you consent to us processing it for this purpose. We will not pass it on to any third party.

The Vigilant Software site does not automatically capture or store personal information, other than information that is automatically logged about visitors and which is used to produce statistics about the use of the site. The following types of information are automatically collected and stored about any visit:

• The Internet domain and Internet Protocol (IP) address from which you access the site.
• The type of internet browser and the operating system of the computer you use to access the site.
• The date and time you visit the site.
• The pages you visit on the site.
• If you linked to our site from another website, the address of that website.
• If you linked to the site from a search engine, the address of that search engine and the search term you used.

This information is collected by our web server and is only used for system administration and to provide statistics which we use to evaluate use of our site.

We do use cookies for collecting user information from the home page of the site but these cookies do not collect any personal information.

You will be asked for personal information if you wish to use our services (such as our weekly newsletter, information services, web forum or consultancy, or if you make a general enquiry or ask us to contact you). In each case we will only use the personal information you provide to deliver the services you have told us you wish to use.

We will not provide your information to any other organisation.

Links within this site to other websites are not covered by this policy.

Terms and Conditions of Websiite Use

• This website is operated by Vigilant Software Ltd, of Unit 3, Clive Court, Bartholomew's Way, Cambridgeshire Business Park, Ely, Cambridgeshire CB7 4EA, registered in England with number 05985888 ('the Company')
• Any user of the Company's website accepts unreservedly, by using the site or purchasing products from it, the terms and conditions for its use and the conditions of contract that are set out here. These terms include the legal jurisdiction within which any legal issues arising from the operation of the site may be addressed. Any person who does not wish to accept these terms and conditions or who knows, or ought to know, of any reason why these terms and conditions might not be capable of applying to their purposes, is not authorised to use this site nor to make any purchase from this site. These terms apply to each and every visit that a user may make to this site.

Security:

• In order to ensure that this website remains available to all users, the Company may monitor network traffic to identify unauthorised attempts to upload or change information or to otherwise cause damage to the site. Anyone using this site expressly consents to such monitoring.
• Unauthorised attempts to modify, alter, deface, destroy or corrupt any information stored on this site or this system, to defeat or circumvent any security features, to probe, scan or test for vulnerabilities, to breach security or authentication measures, to forge TCP/IP headers, to install or attempt to install unauthorised software, to mount Denial of Service attacks or to utilise this system for other than its intended purposes are expressly prohibited and may result in criminal prosecution.
• Any possible criminal activity will be reported, together with any evidence which may be gathered, to the appropriate authorities.

Disclaimer of Liability

• Every effort is made to provide useful, accurate and complete information. However, we cannot guarantee that there are no errors. The Company makes no claims, promises or guarantees about the accuracy, completeness, usefulness or adequacy of the contents of this site and expressly disclaims liability of any sort for errors and omissions in the contents of this site.
• Neither the Company, nor its employees, associates nor contractors make any warranty, expressed, implied or statutory, including, but not limited to, any warranty that third party rights or title have not been infringed, or any warranty of merchantability or fitness for any particular purpose.
• No warranty of any sort is made with respect to the content of third party sites that have links from this site and all liability of every sort is expressly disclaimed.
• The Company is not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with any use of the information or services available on this site.

Disclaimer of Endorsement

• This site, and documents posted on it, may contain hypertext links or pointers to information created and maintained by other public and private organisations. The Company does not guarantee the accuracy, relevance, usefulness, timeliness, or completeness of any linked information.
• The inclusion of links or pointers to other sites is not intended to assign importance to those sites and the information contained in them, nor is it intended to endorse, recommend, or favour any views expressed, or commercial products or services offered on those sites, or the organisations sponsoring the sites, by trade name, trademark, manufacture, or otherwise.
• Reference on this site to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the site's visitors, and does not constitute endorsement, recommendation, or favouring by the Company.
• The views expressed by any individual within the web forum are the views of that individual only and do not reflect or represent in any way the views of the Company.

Copyright

• All content on this site, and all content of any documents provided to visitors or clients (in, for instance, newsletters) is the property of the Company, or of an original copyright holder, unless stated otherwise.
• No user may copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way exploit any of the content, in whole or in part, except with the express written agreement of the Company or of the original copyright holder.

Free services

• The Company provides a number of free services from its site, such as newsletters, white papers etc. There is no contract with the Company for any free service, so no user can become a client by using any free service and the Company is not liable to any user in any way resulting from use of any free service.

Products purchased from the Company

• The Company makes no representation and gives no warranty with respect to any of the products provided by the Company. It does not suggest any product is suitable for any particular use. The Company's customisable documents are provided without liability of any sort.
• Documents are provided as standard template versions to be edited and changed to suit each individual user's circumstances. The Company does not refund money if a user decides, for any reason whatsoever, not to use a document once it has been purchased.
• Documents may include technical inaccuracies or typographical errors.
• Procedures and policies available from this site are only likely to apply in those jurisdictions or countries or situations for which they have been expressly drafted. No liability of any sort can be accepted from any attempt to apply them in different circumstances.

Consumer Protection (Distance Selling) regulations 2000

• These regulations apply only to purchases made from this website by consumers, and do not under any conditions apply to purchases made by businesses, or by individuals acting for or on behalf of businesses, organizations or corporations of any sort.
• All the 'prior information' required under the regulations is provided in each individual product description page on this website.
• Substitute goods will only ever be supplied with the consumer's prior agreement.
• With the exception of unsealed audio or video recordings or software or electronic subscription products or downloadable templates, documents, books or reports in pdf or other electronic format (the value in which is inherent in the information and/or analysis which has been delivered and which by its nature cannot be returned), consumers have a statutory right to cancel purchases made from this website and that cancellation period runs for seven calendar days from the date of delivery of the goods, which is deemed to be two business days after the date that the purchase is processed through our website.
• Subject to the point above, consumers who choose to cancel their purchase must inform the company by writing to the Company's registered office address, quoting the electronic purchase sale number, the date of the transaction and the items purchased. This letter must contain a categoric statement that materials that have been delivered have not been copied, duplicated or used in any way.
• Consumers are responsible for protecting and maintaining goods and must return all goods purchased an in respect of which they wish to exercise their right to cancel, at their own expense and in the same condition as they received them, to the Company's registered address.
• We will refund only the actual purchase price paid for the returned items (plus any taxes) but not including delivery costs. When goods are returned to us or collected by us at our own cost, we will deduct these costs from the amount of money that we will refund to the consumer.

Severability

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No Waiver

No waiver by the Company, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

Governing Law

These terms shall be governed by and construed in accordance with the laws of England and the user explicitly accepts that only the law courts of England have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related the use of this website and, accordingly, the user explicitly waives all and any rights to bring any action of any sort in relation to this website or to any transaction carried out with it or any data stored on it or provided to is in any court anywhere else in the world.