GENERAL
This website www.yougetitback.com (the "Website") is owned and operated by YOUGETITBACK LIMITED, ("YOUGETITBACK", "we", "our" and "us"), an Irish incorporated company, with an address at Evergreen House, Congress Road, Cork.
YOUGETITBACK provides users of the Website with an opportunity to purchase or download for free security tags ("Tag") that have unique individual reference numbers and can be attached to users goods (keys, mobile phones, MP3 players, cameras, laptops etc.). In the event that such goods are lost any person who finds the goods ("Finder") on reading the Tag will be able to contact YOUGETITBACK either by telephone or through the Website etc. and YOUGETITBACK will then contact the registered owner of the Tag (provided the Tag has been activated) and mediate the return of the relevant item to the registered owner (the "Service").
YOUGETITBACK also provides users of the Website with opportunities to purchase and download electronic tag software to their mobile phones, personal computers and other electronic devices ("Electronic Tag"). In the event that the relevant mobile phone or personal computer is lost or mislaid, the Electronic Tag allows YOUGETITBACK an opportunity to mediate the return of mobile phones, personal computers or other electronic devices etc. The Electronic Tag may also have added functionality, including, for example, allowing users to back up data held on their mobile phones, personal computers, other electronic devices to YOUGETITBACK's or your chosen server. Details of all these services, including added functionality and ancillary services are or will be set out on the Website(all these services constitute the "Electronic Tag Service"). In certain circumstances, we may also offer Tags or Electronic Tags for free, for example, as part of a promotion with one of our partners.
Your use of the Website, the Service and/or the Electronic Tag Service is subject to these Terms of Use and by accessing and using the Website, the Service or the Electronic Tag Service you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and subject to the Terms of Use. You should therefore read the Terms of Use carefully and in their entirety.
If you do not want to avail of the Service or the Electronic Tag Service, such use will still be subject to Part A of these Terms of Use. If you register with us, you will be asked to tick a box signifying that you have read, understood and accepted all the Terms of Use including the Terms of Use specifically pertaining to registration and use of the Service set out at Part B.
None of the provisions of these Terms of Use shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.
SECTION A: FOR ALL USERS OF THE WEBSITE
1. Use of Website
Unless otherwise specified, the Website, the Service and the Electronic Tag Service are for your personal and non-commercial use only and you may only download, display or print part of the Website for such use.
You agree not to use the Website, the Service and the Electronic Tag Service for or in connection with any of the following activities:
any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
accessing or using the Website, the Service or the Electronic Tag Service or purchasing or downloading Electronic Tags or Tags in any from jurisdictions which restrict or prohibit same by local law;
any use which could damage, disable, overload, flood, mailbomb, crash or impair the Website or interfere with any other partys use and/or enjoyment of the Website. In particular, you will not post or transmit to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights;
transmitting material which may cause harm to YOUGETITBACK's or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
harassing, harming or abusing another user or person, or contacting, advertising, soliciting, selling to any other user or person without their prior written consent or transmitting or relaying spam;
accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation or impersonating any other user, person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way
attempting to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any YOUGETITBACK website, through hacking, password miming or any other means or
harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of YOUGETITBACK.
2. Intellectual Property Rights
The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, button icons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the "Content"), the Service and the Electronic Tag Service are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties. All proprietary rights, title and interest in and to the Content, the Service and the Electronic Tag Service shall be and at all times and for all purposes remain vested in YOUGETITBACK and/or its licensors (as the case may be). All rights not expressly granted hereunder are reserved to YOUGETITBACK and/or its licensors (as the case may be).
Subject to your agreement to and compliance with these Terms of Use (and unless the context provides otherwise), you are hereby granted permission to access the Content solely for your own personal, non-commercial use, to view and browse through the Website, to bookmark or point to any page within the Website, to order, pay for and submit queries in respect of the Service and the Electronic Tag Service, to activate Electronic Tags and Tags, to print a single hard copy of the Content for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact.
Unless permitted by applicable law, you agree not to resell, decompile, reverse engineer, disassemble or otherwise convert the software used on the Website and you shall not copy, modify, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, upload, extract, transfer or sell any information, Content or software contained on or forming part of the Website, or otherwise use the content of the Website for resale, redistribution or for any other commercial use, without the prior written consent of YOUGETITBACK and you acknowledge that to do so will be a violation of the proprietary rights of YOUGETITBACK. You may, however, save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy.
Unless specifically authorised by YOUGETITBACK in writing to do so, you may not (i) create and submit computer programming routines or engines that are intended to generate multiple requests for any of the Content; (ii) create any frames at any other sites pertaining to the Website; or (iii) "deep-link" to the Website which means that you may not create, post, display, publish or distribute any link to the Website for any purpose. If you wish to undertake any of these activities, you must first contact YOUGETITBACK to seek written permission.
3. Links to Third Party Websites
Your use of third party websites that can be accessed via the Website is subject to the terms and conditions of use of those websites (if any). We are not responsible or liable for the accuracy of any information, data, opinions, or statements made on third party websites or the security of any link or communication with those websites. You access and use any such third party website through the Website at your own risk. We are entitled to terminate a link to a third party website at any time.
YOUGETITBACK does not endorse, authorise or sponsor any third party websites that can be accessed via the Website, nor does the fact that we provide a link to such third party websites mean that we are affiliated with those websites, their owners or sponsors. We nly provide these links for the convenience of users of the Website.
4. Availability
While we endeavour to ensure the Website, the Service and the Electronic Tag Service are available or accessible at all times, there may be occasions when the Website, the Service or the Electronic Tag Service will not be available or accessible, for example to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. We are not liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of your use of the Website, the Service or the Electronic Tag Service.
5. Changes in Terms of Use
We reserve the right to change these Terms of Use at our sole discretion from time to time. You should check the Website for any changes to the Terms of Use each time you access the Website. Your continued use of the Website will signify your acceptance of any revised Terms of Use.
We may modify or terminate any facilities, services, Electronic Tags and Tags offered through the Website from time to time, for any reason and without notice and without liability to you, any other user or any third party. However, such modification or termination shall be without prejudice to provision of the Service in respect of Tags or Electronic Tags which have been activated.
6. Disclaimers and Limitation of Liability
This clause limits our legal liability to you for your access to and use of the Website and your purchases or downloads of Tags or Electronic Tags (as appropriate) and use of the Service or the Electronic Tag Service. You should read this clause carefully. You acknowledge that you have entered into these Terms of Use relying on the disclaimers stated below and that those disclaimers are an essential basis of this contract. Nothing in these Terms of Use is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.
YOUGETITBACK MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. YOUGETITBACK ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF YOUGETITBACK, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE. YOUGETITBACK MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICE, THE ELECTRONIC TAG SERVICE, THE TAGS, ELECTRONIC TAGS OR MATERIALS ON THE WEBSITE INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE WEBSITE, THE SERVICE, THE ELECTRONIC TAG SERVICE, THE TAGS AND ELECTRONIC TAGS ARE AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICE AND THE ELECTRONIC TAG SERVICE ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON, THE SERVICE, THE TAGS, ELECTRONIC TAGS OR THE ELECTRONIC TAG SERVICE, OR MATERIALS PROVIDED ON THE WEBSITE OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT YOUGETITBACK WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, THE SERVICE OR THE ELECTRONIC TAG SERVICE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOUGETITBACK NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, THE ELECTRONIC TAG SERVICE, TAGS OR ELECTRONIC TAGS AND/OR ANY MATERIALS OFFERED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF YOUGETITBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR IF SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL YOUGETITBACK NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, THE SERVICE OR THE ELECTRONIC TAG SERVICE, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
Without limiting the foregoing, under no circumstances shall YOUGETITBACK or any of its officers, directors, agents, employees, affiliates or other representatives be held liable for any delay or failure in performance of any obligation under these Terms of Use resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third parties.YOUGETITBACK does not exclude liability for death or personal injury caused by our negligence (or that of our employees or authorised representatives) or liability for fraud.
Subject to the foregoing, YOUGETITBACK'S liability to you under these Terms of Use for any claim made hereunder whether made in contract, tort, under statute, common law or otherwise shall not exceed in aggregate one thousand euro (1,000).
7. Indemnity
You agree to defend, indemnify and hold YOUGETITBACK (and as applicable, its officers, directors, employees, agents, licensors, subsidiaries, affiliates, suppliers and any of our third party information service providers) harmless against any and all demands, losses, expenses, damages and costs, including legal costs, and claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Website, the Service or the Electronic Tag Service, including but not limited to, entering into transactions on the Website, contacting other users of the Website, infringing any third party's intellectual property or other rights, or otherwise arising out of your breach of these Terms of Use.
8. Privacy Statement
YOUGETITBACK respects and protects your privacy and the privacy of individuals who access the Website and use the Service or the Elecronic Tag Service. For full details of the type of information YOUGETITBACK collects, YOUGETITBACK's use of such information and the persons and companies to whom YOUGETITBACK discloses this information, you should read our Privacy Statement [create link here] which is hereby incorporated into and forms part of these Terms of Use.
9. Off-Line Conduct
While YOUGETITBACK cannot monitor the conduct of users when operating offline, it is a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse or harm another person (whether a user of the Service, the Electronic Tag Service or a Finder), or in order to contact, advertise to, solicit or sell to any other such person unless you have obtained their prior consent.
10. Jurisdiction and Governing Law
The Website, Service and the Electronic Tag Service are controlled and operated from Ireland. YOUGETITBACK does not make any representation that the Service and/or the Materials on the Website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing the Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable.
The Terms of Use shall are governed by and shall be construed in accordance with the laws of Ireland, and you hereby agree for the benefit of YOUGETITBACK and without prejudice to the right of YOUGETITBACK to take proceedings in relation to the Terms of Use before any court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use and for such purposes you irrevocably submit to the jurisdiction of such courts.
11. Waiver
The failure of YOUGETITBACK to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
12. Assignment
You are not entitled to assign the benefit or burden of these Terms of Use to any third party without our prior written consent.
13. Entire Agreement
You acknowledge the Terms of Use constitute the entire agreement between you and YOUGETITBACK and govern your use of the Website, the Service and the Electronic Tag Service superseding any prior agreements between you and YOUGETITBACK. In the case of inconsistencies between the Terms of Use and information included in off-line materials, (e.g. promotional materials and flyers), the Terms of Use shall prevail. You may also be subject to additional terms and conditions that may apply in certain circumstances including, without limitation, where you access the Service, the Electronic Tag Service or purchase Tags as part of promotions we may offer in conjunction with third party partners whom we may nominate or work with from time to time.
SECTION B: IF YOU WISH TO PURCHASE TAGS, THE SERVICE AND/OR THE ELECTRONIC TAG SERVICE
14. Age and Responsibility
You must be over 18 years of age to purchase or obtain Tags, Electronic Tags and/or avail of the Service or the Electronic Tag Service, but if you are under the age of 18, you may purchase Tags, Electronic Tags and/or avail of the Service or the Electronic Tag Service in conjunction with and under the supervision of your parents or guardian. By using the Website you understand that you are financially responsible for purchases made on the Website by you and those using your log-on information. You agree to notify us immediately of any unauthorised use of your log-on information or any other breach of security.
15. Registration and Access
In order to complete the registration process you must choose a user name and password. YOUGETITBACK may restrict the user name or password you can choose. You will be asked to provide information including (but not limited to) your name, email address, phone number and postal address and other information required to provide you with the Service or the Electronic Tag Service. You are fully responsible for all actions taken under your account and you agree only to use the Website, the Service or the Electronic Tag Service using your own user name and password. You are also responsible for keeping your information (including your credit or debit card and user name and password) secure against unauthorised access. You agree to immediately notify YOUGETITBACK of any unauthorised use of your user name and/or password, your credit or debit card, or any other breach of security. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit or debit card on the Website.YOUGETITBACK reserves the right to reject, refuse to accept your application to become a registered user or to terminate your registration without prior notice at its sole discretion.You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness.
16. Offer, Acknowledgment and Acceptance
An order submitted by you for a Tag, Electronic Tag, the Service or the Electronic Tag Service (when activating a Tag or Electronic Tag) constitutes an offer by you to us to avail of that Tag, Electronic Tag, the Service or the Electronic Tag Service and any other products or services available via the Website on these Terms of Use and is subject to our subsequent acceptance. Your use of Electronic Tags is subject to the licence terms set out at Section 17 below.In submitting your order, you warrant and undertake that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order; and that you have the legal capacity to enter into a contract. When you activate a Tag or Electronic Tag you also warrant that you are the legal owner or have the permission of the legal owner of the item for which the Tag or Electronic Tag has been purchased or obtained. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including your debit or credit card details and any passwords given to you for the purposes of accessing the Website and/or availing of the Services and/or the Electronic Tag Service) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your debit or credit card on the Website.Acceptance of your order and completion of the contract between you and us takes place once we have accepted your application for registration, your debit or credit card details have been processed where applicable and the Tag has been delivered to you or, in the case of Electronic Tags, where the Electronic Tag is downloaded and installed onto the relevant electronic device. However, you will still need to activate Tags (but not Electronic Tags) to ensure that we can provide the Service. It is also advisable to complete all details in the my account section of the Website as we cannot guarantee that we will have sufficient information to mediate the return of your found items where the information relating to the account holder of the Tag or the Electronic Tag affixed to that item has not been completed in full. We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after acceptance of your order. We will use our reasonable commercial endeavours to provide you with copies on written request. We recommend that you print a copy of all such documents and the Terms of Use for your own records.
17. LICENCE
When you download an Electronic Tag, we grant to you a non-exclusive, non-transferable, royalty free licence (the "Licence") of the Electronic Tag for your non-commercial use only. Other than this limited licence, nothing in these Terms of Use should be construed as granting to you any title or intellectual property rights in our Electronic Tags. All intellectual property rights in our Electronic Tags shall be and at all times and for all purposes remain vested in us. Risk in the Electronic Tag shall pass to you as soon as you download the Electronic Tag.The Licence allows you to install one Electronic Tag on a single electronic device. Save as otherwise expressly set out herein or as otherwise expressly permitted by law, you shall not:commercialise or attempt to commercialise the Electronic Tag;make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Electronic Tag;make any translation, adaptation, arrangement or any other alteration of the Electronic Tag;make any form of distribution to the public of the Electronic Tag, in whole or in part, or of copies thereof;make any communication, display or performance to the public of the Electronic Tag;disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the Electronic Tag, or another product wholly or partially derived from any of the foregoing;assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the Electronic Tag or use the Electronic Tag on behalf of any third party, or make available the same to any third party without the prior written consent of yougetitback; copy, adapt. modify or reverse compile the whole or any part of the Electronic Tag (unless permitted by applicable law);remove or alter any copyright or other proprietary notice from the Electronic Tag. You hereby agree to indemnify and hold YOUGETITBACK and its licensors harmless from and against any liabilities, damages, judgments, losses, costs and expenses (including reasonable legal fees) arising out of your downloading, installation and use of the Electronic Tag in a manner inconsistent with these Terms of Use.We shall indemnify you against any claim that your use or possession of the Electronic Tag infringes the copyright of any third party provided:we are immediately notified of any such claim;you do not make any admissions of liability to the relevant third party;we are given immediate and complete control of such claim, including the right to conduct the defence of any claim and to make any settlements as appropriate;the claim does not arise on foot of any of the circumstances set out above.We shall have the right to replace, modify or change the Electronic Tag to make the Electronic Tag non-infringing or, alternatively, take back the Electronic Tag and refund to you the price of the Electronic Tag. This states the entire liability of yougetitback to you in respect of the infringement of the intellectual property rights of any third parties.
18. Term and Termination
These Terms of Use shall come in to effect in respect of Tags and Electronic Tags once you have activated such tags via the Website and will continue for the subscription period applicable to such tags (as set out on the Website) and thereafter for additional subscription periods unless terminated in accordance with this clause (the "Term"). Both parties to these Terms of Use are entitled to terminate any subscription for a Tag or Electronic Tag by giving the other party fourteen (14) days written notice (such notice can be by email or by letter). If you wish to cancel your subscription in respect of any Tag or Electronic Tag, you must provide us with fourteen (14) days written notice (such notice can be by email (info@yougetitback.com) or by letter, such notice to expire on the anniversary of the date of activation of the Tag or Electronic Tag. If you do not do so, then your subscription in respect of that Tag or Electronic Tag will automatically renew for an additional twelve (12) months. You authorise us to debit the relevant subscription fee for the additional twelve (12) month period from your debit or credit card in such circumstances.You acknowledge and agree that termination of this Agreement (howsoever occurring) shall not entitle you to any refund in respect of subscription fees already paid to us.
19. Return of Property
Nothing in these Terms of Use shall be construed as guaranteeing or warranting that your lost items will be returned to you as part of the Service or the Electronic Tag Service or that your items will be returned to you in the same condition that you lost them. We will endeavour to mediate the return of your lost items to you in the condition that they are discovered by the Finder or located by us. We will not be liable for any damage caused to the lost item. We exclude all liability in respect of lost items and our only obligation in respect of such lost items will be to mediate the return of them to the party who has been registered as owner of that item on the Website. All delivery fees for such returns are payable by you. You are also obliged to pay any optional reward that you may have agreed to make available to the Finder. If you offer such an optional reward, you will provide us with the necessary details and you will authorise us to debit the amount of such optional reward from your credit or debit card account in the event that an optional reward becomes payable to a Finder.You acknowledge and agree that we are under no obligation to return lost items to you where the Tag or Electronic Tag associated with that item has not been activated. We will, however, use reasonable endeavours to mediate the return of any such lost items to you, but your failure to activate the Tag or Electronic Tag or keep the details in your account up to date may mean that we do not have the necessary details to do so.
20. Pricing and Payment
Any prices, quotations and descriptions made or referred to on the Website are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order. YOUGETITBACK reserves the right to change prices stated on the Website at any time. All prices stated on the Website unless otherwise specified are inclusive of VAT and any other applicable tax or duty.
21. 100% Replacement Guarantee Key Protector Tag
While generally we do not provide any insurance or guarantees in respect of lost items as part of the Service, our 100% Replacement Guarantee Tags entitle you to be reimbursed for the cost of replacing your lost item, subject to the following conditions:you must immediately notify us of the loss or theft of replacement guarantee registered item by updating your account;when notifying such loss or theft, you must provide us with full and complete details in relation to the incident that has given rise to the claim, including, without limitation, when, where and how the incident occurred;we will not process claims made under this section 21 until two (2) days have passed since the reported loss or theft of your item on our website;our sole obligation to you under this section 21 is to pay for the replacement of your lost item, including any reasonable costs resulting directly from the loss of your keys, but you are obliged at all times to mitigate your losses in such circumstances, for example, we will not reimburse you for the cost of replacing items which are of a superior quality to the lost item;you are entitled to make two (2) claims under this clause in any year of your subscription; andyou must keep valid receipts to verify the cost of replacing your lost item.Subject to your compliance with the conditions set out above, we will pay all claims within thirty (30) days of receipt of valid receipts from you.
22. Cooling Off Period
If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) who purchases goods and services using any means of distance communication (for example, email, internet etc) you have a right under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001 to cancel such contracts without giving a reason within a period of seven days from the date the contract was formed (in the case of services) and seven days from the date the goods are delivered to you (in the case of goods).However, this "cooling off" period does not apply in respect of contracts for the provision of services where the service has already commenced. This means that once you activate your Tags or Electronic Tags you will no longer be able to avail of the cooling off period. However, you may return Tags which have not been activated on the Website within the cooling off period and the contract between us and you will be cancelled.
23. Suspension/Termination
YOUGETITBACK may at any time, without notice to you, suspend or terminate your access to this Website or your account or any part thereof, the Service and the Electronic Tag Service and/or facilities, wholly or partially for any reason, including without limitation, where you are in breach of these Terms of Use, or if YOUGETITBACK cannot verify or authenticate any information submitted to the Website, or if for any reason YOUGETITBACK suspends or discontinues the Website, the Service or the Electronic Tag Service, or is unable to supply the Service or the Electronic Tag Service to you.YOUGETITBACK reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to deactivating your Tags or Electronic Tags, immediately terminating your account and restricting your ability to access the Website, Service and/or facilities. Further, you agree that YOUGETITBACK shall not be liable to you or any third party for any modification, termination or suspension of your access to the Website, the Service or the Electronic Tag Service.