StegoStik™ : World leader in hiding encrypted data

StegoStik Product Terms ('Product Terms')

www.stegostik.co.uk and www.stegostik.com (together referred to as the 'website') are owned and operated by StegoStik Limited of Empire House, 175 Piccadilly, London, W1J 9TB, UK (Company Registration Number 5025268).

The terms 'StegoStik', 'we', 'us' and 'our' when used in these Product Terms mean StegoStik Limited.

The terms 'you' and 'your' when used in these Product Terms mean any user of this website who wishes to purchase a StegoStik product or service (the 'Product') from the website. If you are acting on behalf of a business, you confirm that you have the authority to purchase from our website.

The term 'Consumer' is used to denote any user of this website who purchases a Product for private as opposed to business, academic or government use.

1. GENERAL

1.1 We do not sell Products to persons under the age of 18. If you are under the age of 18, you may only purchase Products with authority given by either a parent or guardian.

1.2 As a user of this website you acknowledge that any use of this website is subject to our Website Terms of Use. In addition, any personal details you provide to us will be subject to our Privacy Policy.

1.3 Before making a purchase using this website please read through all these documents carefully. We recommend you keep a copy of these documents for your future reference.

2. YOUR ORDER

2.1 Every order that you place on this website will be subject to acceptance in accordance with these Product Terms. The final details of your order will be set out at the ‘Confirm order’ stage. You may wish to print these details as we do not give access to order details online.

2.2 Following either credit or debit card payment using RBS WorldPay’s secure server or your agreement to make payment by cheque or telegraphic transfer, you will be sent an email confirming receipt of your order.

2.3 Your order is an offer to us to purchase a Product which is accepted by us when we send e-mail confirmation to you that we have accepted the order (the 'Order Confirmation E-mail'). This will be deemed to be completion of the contract between you and StegoStik. Any Products on the same order which we have not confirmed in the Order Confirmation E-mail will not form part of that contract. Completion of the contract will also not take place where we have notified you that we do not accept your order.

2.4 The Product contains proprietary software. We shall grant you a licence to use such software on delivery of the Product to you. Such licence will be granted in our applicable Software Licence Agreement. Title to this software shall not pass to you under any circumstances.

2.5 In order to trace fraud, intellectual property rights infringements and comply with any legal requirements, the Product (including the software and data files within the Product) contains serial numbers which may be used to identify the original purchaser of the Product.

3. PRICE AND PAYMENT

3.1 The price that you pay us for the Product(s) and their delivery will be the price that is displayed on the website at the ‘Confirm order’ stage. In addition, if importing the Product outside the EU, you are liable for any import duties or other taxes charged by relevant authorities.

3.2 All prices and any discounts we offer are time limited and are dependent on Product availability. Accordingly, the price of such Products may change from time to time.

3.3 When your order is confirmed by the Order Confirmation E-mail, we will confirm the price and availability of your Product(s).

3.4 If you are paying by credit or debit card, RBS WorldPay initially only pre-authorises the transaction (reserves the funds without taking payment); the payment is taken when we dispatch your order.

3.5 We endeavour to ensure that all prices and stock information are accurate. However, errors may occur. If an error is found in the price or availability of the Product(s) you have ordered, we will contact you as soon as possible. If a Product's correct price is lower than the price stated on our website, we will charge you the lower amount and send the Product to you. If a Product's correct price is higher than our stated price, then we will give you the option of either continuing with your purchase at the correct price or cancelling that part of the order affected by the error. If we are unable to supply the Product that you have ordered, we will offer you either a full refund or a substitute Product. We will deem the order or part-order cancelled if we do not receive a response from you within 2 working days of our first attempt to contact you. In such a case, we will then refund any money owing, or invoice for any money due.

3.6 The total price displayed on the 'Confirm order' page includes VAT (where applicable) at the applicable current rates and delivery charges to a single address. It does not include any import duties or other taxes payable by you to the relevant authorities.

4. DELIVERY

4.1 In the case of purchases by credit or debit card, we will only deliver to the cardholder’s billing address.

4.2 Delivery charges (if any) are stated during the online ordering process and included in the total due before requesting payment. Where physical goods are being dispatched to you, they must be signed for on delivery.

4.3 Timescales for delivery are specified during the purchasing stages. We will use all reasonable efforts to deliver the Products ordered within the estimated timescales. Please note that the delivery timescales are just estimates - they are not guaranteed delivery times and should not be relied upon as such. Should we fail to deliver any Products within the estimated timescales, we shall be under no liability for any delay incurred or the consequences of any such delay.

4.4 When the Product(s) are delivered to you (or when the order is first attempted to be delivered to you), all risk of loss and damage to the Product(s) passes to you.

5. WARRANTY AND DISCLAIMER

5.1 Where applicable, you may be entitled to limited warranty in respect to the hardware of a Product as further described in the applicable StegoStik Software Licence Agreement.

5.2 To the extent permitted by applicable law:

5.2.1 other than the warranty described in Clause 5.1, we make no warranties, representations or guarantees of any kind, either expressed or implied, including, but not limited to, any implied warranties of title, non-infringement, merchantability quality, fitness for a particular purpose or ability to achieve a particular result;

5.2.2 we do not warrant that any Product purchased will meet your requirements or that its operation will be uninterrupted or error free;

5.2.3 we do not warrant the accuracy or nature of any data produced, stored or encrypted using any Product purchased from this website. You assume all risk for the use of any Products purchased and the data stored or manipulated thereon. We shall not be responsible for any errors, inaccuracies or omissions regarding any such data.

6. LIMITATION OF LIABILITY

6.1 To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to any Product purchased from the website or the use of or inability to use any such Product including, but not limited to any loss of data or use, lost profits, interruption of business or down time, loss of anticipated savings, loss or damage to contract, goodwill or business nor for any consequential, indirect, exemplary, special, or incidental damages whether such damages were reasonably foreseeable or actually foreseen and even if we have been advised of the possibility of such damages.

6.2 To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid (if any) or payable by you for the Product(s) in question.

6.3 We will take all precautions we deem reasonable in order to protect your details. However, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you, unless we are negligent in protecting your details.

6.4 Nothing in these Product Terms limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.

6.5 You hereby acknowledge and agree that the limitations contained in these Product Terms are reasonable in light of all the circumstances.

7. STATUTORY RIGHTS

7.1 These Product Terms give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

7.2 Any statutory rights which you may have as a Consumer are not affected by these Product Terms. In particular, if you are purchasing goods from our website as a Consumer, you have the following additional rights:

7.2.1 You may cancel your order and request a full refund within seven days of receiving the Product(s) in accordance with your rights under the Distance Selling Regulations, provided that you have not accepted the StegoStik Software Licence Agreement within the software in the Product.

7.2.2 You may be entitled to a repair, replacement or refund in respect to any faulty or damaged Products.

7.2.3 If you have not received any item you ordered after 30 days from the date of your order you will have the option to cancel your order and request a full refund.

7.3 If you wish to exercise any of these rights, please contact us in the first instance by emailing support@stegostik.co.uk or writing to the address above to explain the situation. Please do not return Product(s) to us unless we agree that you are entitled to do so.

8. TERMINATION

8.1 These Product Terms shall automatically terminate if:

8.1.1 you fail to comply with any provision of these Product Terms;

8.1.2 you destroy all copies of the Product in your possession;

8.1.3 in the case of a physical Product, you voluntarily return the relevant Product to us;

8.1.4 in the case of a physical Product, you give or sell the Product to a third party who accepts these Product Terms and the applicable StegoStik Software Licence Agreement in full.

8.2 Any termination or expiration of these Product Terms (howsoever occasioned) shall not affect any accrued rights or liabilities of either party including your obligation to perform any duty or discharge any liability incurred prior to such termination or expiration.

9. EXPORT AND IMPORT CONTROL

9.1 The Products on our website contain certain code or other elements that are subject to export control laws or regulations of the United Kingdom ('UK Export Laws'). You agree that any Product you purchase will not be used in any manner prohibited by UK Export Laws nor shipped, transferred, exported or re-exported into any country for which an export licence or other approval is required without first obtaining such licence or other approval.

9.2 In particular and without limitation you agree that you will not use this Product or permit its use, directly or indirectly, in terrorist activities or producing weapons of mass destruction.

9.3 You further agree that your purchase, import or use of the Product will not contravene any applicable laws in the country where you are based and that you will be solely responsible for payment of any import taxes or other levies to relevant authorities.

10. SEVERABILITY

In the event that any provision of these Product Terms are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these Product Terms and the remaining provisions of these Product Terms shall remain in full force and effect.

11. ENTIRE AGREEMENT

You have read and understand these Product Terms and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto. However, our applicable StegoStik Software Licence Agreement may apply in addition to these Product Terms.

12. ASSIGNMENT

These Product Terms are personal to you and you may not assign, transfer, sub-contract or otherwise part with these Product Terms or any right or obligation under it except as permitted by these Product Terms. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Product Terms or any related contract to any third party.

13. WAIVER

Failure or neglect by either party to exercise any of its rights or remedies under these Product Terms will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of these Terms nor prejudice that party’s right to take subsequent action.

14. FORCE MAJEURE

We shall not have any liability to you or be deemed to be in breach of these Product Terms from any circumstances which are beyond our reasonable control (including a delay in delivery).

15. THIRD PARTIES

To the extent permitted by applicable law, these Product Terms do not create or confer any rights or benefits enforceable by any person that is not a party to these Product Terms.

16. AMENDMENTS

We reserve the right to make changes to these Product Terms at any time. You will be subject to the Product Terms in force at the time you place your order with us, unless any change to these Product Terms is required to be made by law (in which case it will apply to any orders previously placed by you).

17. LAW AND DISPUTES

These Product Terms and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with these Product Terms and the place of performance of these Product Terms is agreed by you to be England.

If you have any questions about these Product Terms or any other matter, please email us at enquiries@stegostik.co.uk or write to us at StegoStik Limited, Empire House, 175 Piccadilly, London, W1J 9TB. Our VAT number is 832 8300 45.

© 2009 StegoStik Ltd | Website terms | Privacy policy | Contact us