Service Terms and Conditions

STANDARD TERMS & CONDITIONS OF BUSINESS

These are the terms and conditions that you must keep to if you want to continue your Becast Limited service. References below to “we” or “us” shall be read as references to Becast Limited.

These Terms and conditions relate to the purchase and use of Becast services including but not limited to Becasters.

You can contact us at Becast Limited, Trinity Cottage, Yearsley, YO61 4SL or by calling +44 (0)1904 862092.

1. Information about Becast and Becaster Definition

Becast Limited is a company registered in the UK with Company Number 10755407, providing Bluetooth and WiFi telecommunication and marketing services.

A Becaster is a battery operated device used to transmit a Bluetooth Low Energy (BLE) advertising signal that some mobile phones can receive, understand and action.

2. Contract Formation

This agreement is made between Becast and the Customer upon payment for Becast services. The contract will be for a period of 12 months from commencement date. It is the responsibility of the customer to ensure Becast services are suitable for their purpose and that all content is legal and decent.

3. Delivery

3.1 Delivery of BeCasters will be provided byRoyal Mail for UK deliveries and within 10 working days of the purchase date or activation date or date agreed by both Becast and Customer. Delivery will be deemed to have been received by the customer if not notified within 2 working days of the maximum delivery period. Products delivered to destinations outside the UK may take up to 30 working days.

3.2 Becast products delivered to destinations outside the EU may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your order is responsible for all customs formalities for the import of Becast products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the EU. The recipient of the goods, not the person placing the order, may receive a separate request for payment of these charges. If you're ordering Becast products to be delivered to someone else located outside of the EU, please ensure they're aware that they'll be responsible for these additional charges.

4. Activation

The Customer is wholly responsible for the content of the notification and URL. In the event that inappropriate language, image or copyright is used, Becast will suspend their account immediately. No refund will be due and the customer will be liable as per the Becast “Indemnity” terms & conditions.

5. Service

5.1 The Customer has read and understood all features of the Becast Service found on the Becast Website www.becast.co.uk.

5.2 The Smartphone notification is facilitated by Google Services, which is currently only applicable to Android platforms.

6. Amendment

The Customer may at any time during their contract period amend the notification and / or URL settings for any Becaster upon paying the appropriate fee as advertised on their control panel and entering the details. It is the customer’s responsibility to ensure they have authority to access / use of any information (including but not limited to brands, trademarks, images) displayed or used on the notification /URL.

7. Refund

The contract period is 12 months. No refund is payable after the commencement of the contract, other than in accordance with existing UK consumer and distance selling legislation. Due to the nature of BeCasters and the Becast service; BeCasters are deemed personalised and will be subject to refund legislation relating to "Personalised items".

8. Termination

The contract will terminate automatically 12 months after commencement.

9. Copyright and Intellectual Property Rights in Created Work

9.1 In the event that any created work includes material the rights in which are owned by a third party, Becast Limited  shall grant to the Customer (at the Customer's expense) only such rights as the third party permits Becast Limited  to grant to the Customer.

9.2 Notwithstanding any assignment of rights, Becast Limited  may use any of the created work for the purposes of internal training or in the promotion of Becast Limited.

9.3 Notwithstanding anything in this Agreement to the contrary, Becast Limited  shall retain all of its rights, title and interest in:

a. all materials owned by or licensed to Becast Limited  prior to, or independent from, the performance of Services under this Agreement, and all modifications thereof; and

b.  all generic or proprietary information, and all ideas, software, applications, methodologies, processes or procedures used, created or developed by Becast Limited  in the conduct of its business.

9.4 The provisions of this clause shall survive the expiry or termination of the Agreement.

10. Personal Information

The customer permits Becast Limited to store, use and share its personal data, for the purpose of performing its obligations under this agreement. Furthermore, the customer consents that Becast may use its personal data to keep the customer informed of offers or information relating to Beacst Limited, its own or any third party products.

11. Becast Limited 's Warranty and Indemnity

11.1 Becast Limited  warrants that to the best of its knowledge and belief the created work shall not infringe any third party rights or be in any way contrary to English law, subject to any legal or other advice provided to Becast Limited  and communicated to the Customer.

11.2 Becast Limited 's maximum aggregate liability to the Customer under the Agreement shall in no circumstances exceed an amount equal to contract price;

11.3 Becast Limited  shall not be liable for: (i) any loss or damage suffered by the Customer arising out of any act, omission, misrepresentation or error made by or on behalf of the Customer or arising from any cause beyond Becast Limited 's reasonable control; or (ii) any delay in or omission of publication or transmission; or (iii) any consequential loss or damage of any kind whether caused by tort (including negligence), breach of contract or otherwise, and whether or not such loss or damage was foreseeable.

11.4 The provisions of this clause shall survive the expiry or termination of the Agreement.

12. The Customer's Warranty and Indemnity

12.1 The Customer warrants that to the best of its knowledge, information and belief all information supplied to Becast Limited  before, during and after the Agreement shall be accurate and not in any way contrary to English law and that it is entitled to provide such information to Becast Limited  for its use without recourse to any third party.

12.2 The Customer shall indemnify and keep indemnified Becast Limited  from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which Becast Limited  may incur or suffer resulting from any act, neglect or default of the Customer or its agents, employees or licensees, or from the infringement of the intellectual property rights of any third party or any successful claim for defamation, or from any governmental investigation, proceeding or administrative hearing regarding Services under this Agreement, or from any issue of safety or product liability or the nature, use or performance of the Customer’s products or services, provided that such liability was not incurred by Becast Limited  through any default in performing its obligations under the Agreement.

12.3 The provisions of this clause shall survive the expiry or termination of the Agreement.

13. Customer's Property

Becast Limited shall take reasonable care of any property belonging to the Customer and made available to Becast Limited  for the purpose of this Agreement. Such property shall be at all times at the sole and entire risk of the Customer, and Becast Limited  shall not be subject to any other liability for it. The customer shall take responsibility for ensuring any coding amendments, whether or not suggested by Becast Limited, is suitable and will be assume full risk for its implementation to its website or any other media.

14. Employee Poaching

14.1 During the Agreement and for six months after its expiry or termination, neither Becast Limited nor the Customer shall, without the written consent of the other, solicit or entice (either directly or indirectly) or attempt to solicit or entice (or authorise the taking of such action by any other person) any person who is employed by the other or has been employed by the other during the preceding six months, and who has been involved with the Services provided under this Agreement, to terminate his or her employment with the other party.

14.2 The provisions of this clause shall survive the expiry or termination of the Agreement.

15. Assignment

The Customer may not assign, sub-license or sub-contract the Agreement or any of its rights or obligations hereunder.

16. Force Majeure

15.1 Neither party shall be liable for any delay in performing or failure to perform its obligations under the Agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"), including loss or amendment to Google technology or service, provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure.

17. Entire Agreement, Amendment, Waiver

17.1 The Agreement, these Standard Terms of Business and the documents referred to in them contain the whole agreement between the parties and supersede any previous agreement between them relating to the subject matter of the Agreement, whether written or oral. The parties acknowledge that neither of them has relied upon any representation, written or oral, of any person but only as expressly set out in the Agreement.

17.2 No failure of either party to enforce at any time or for any period any term or condition of the Agreement shall constitute a waiver of such term or of that party's right later to enforce all terms and conditions of the Agreement.

18. Severance

If any provision of the Agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the Agreement and the remaining terms of the Agreement shall remain in full force and effect.

19. Notices

Any notice to be served on the other party shall by sent by recorded delivery, registered post or e-mail. Notices sent by registered post or recorded delivery shall be deemed to be served within 72 hours of posting, and by email within 24 hours, if sent to the correct e-mail or address of the addressee.

20. Proper Law and Jurisdiction

The Agreement is governed by and is to be construed in accordance with the laws of England, Wales and Northern Ireland and each party hereby irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England, Wales and Northern Ireland.