6. Specific UseCopyright .com You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. Copyright .com 7. WarrantiesCopyright .com The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your companys personal information or material and information transmitted over our system. Copyright .com 8. Disclaimer of Liability.Copyright .com The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your companys personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. Copyright .com 9. Use of the Website.Copyright .com The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website. Copyright .com 10. GeneralCopyright .com
Copyright .com 10.1 Entire Agreement.Copyright .com These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website. 10.2 AlterationCopyright .com the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website. 10.3 Conflict.Copyright .com Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website. 10.4 Waiver.Copyright .com No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. 10.5 Cession.Copyright .com The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. 10.6 Severability.Copyright .com All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. 10.7 Applicable laws.Copyright .com Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. 10.8 Comments or Questions.Copyright .com If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
11. Repair/Data recovery termsCopyright .com Important: IN SENDING YOUR DEVICE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THIS AGREEMENT BEFORE SENDING YOUR DEVICE.
That Computer Chap Ltd.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (THE CUSTOMER) AND THE LICENCOR GOVERNING YOUR USE OF OUR SERVICE
That Computer Chap Ltd. DO NOT MAKE ANY GUARANTEE OR WARRANTEE AS TO THE CONTENT OF THEIR WEBSITES OR SERVICES, THE MANNER IN WHICH IT IS USED OR ITS SUITABILITY FOR ANY SPECIFIC REQUIREMENTS.
That Computer Chap Ltd. , ITS WEBSITES, ITS SELLERS OR RESELLERS, USERS and PARTNERS OR ANY ONE RELATED That Computer Chap Ltd IN ANY DIRECT OR INDIRECT MANNER, IS NOT LIABLE FOR ERRORS IN THEIR OR OTHERS SOFTWARE, COMPANIES USED AND OR THEIR RECOVERY OR REPAIR TECHNIQUES AND SERVICES, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE OR LOSS OF PROFIT IN CONNECTION WITH THE USE OF THEIR SERVICES and REPAIR/RECOVERY TECHNIQUES.
Under no circumstances and under no legal theory, contract, or otherwise, shall That Computer Chap Ltd.
or its suppliers, affiliates or its partners be liable to you or any other person for any indirect, special incidental, or consequential damages of any character including, damages for loss of goodwill, work stoppage, loss of data, computer failure, or for any and all other damages or losses.
THE SERVICE MAY ONLY BE USED ON THE CONDITION THAT THE USER ACCEPTS THESE CONDITIONS. SENDING YOUR DEVICE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
The entire risk of the use or the result of the use of the service and website remains with the customer. No part of the Service and this website may be reproduced by any means, electronic or mechanical, for any purpose.
That Computer Chap Ltd.
All other brand and product/company names are trademarks or registered trademarks of their respective owners. All the registered trademarks used herein are registered to whoever it is that owns them.
All data recovered from a client’s media is stored on secure severs in accordance with the Data Protection Act 1998.
All diagnostic reports and communication are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of That Computer Chap Ltd
Due to the nature of data recovery, our lab technicians may be required to carry out physical work on the media/data/equipment made available to That Computer Chap Ltd. Therefore, the client acknowledges that
(a) the media/data/equipment is already damaged
(b) data recovery efforts may result in further damage to the media/data/equipment (c) the media/data/equipment warranties may become void.
(d) That Computer Chap Ltd is not responsible for this or any other type of damage. Please also note that some drives and especially Memory Card recoveries will require us to cut open sealed plastic casing to gain access to the on board memory chips and components.
The client is aware that on occasions That Computer Chap Ltd may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts, components and specific adaptors or connectors.
That Computer Chap Ltd agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client’s media. That Computer Chap Ltd makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by That Computer Chap Ltd and the client.
That Computer Chap Ltd reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances That Computer Chap Ltd will transport the media or equipment. The client agrees that a) That Computer Chap Ltd will assume the costs of this transportation and b) That Computer Chap Ltd are not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
Under no circumstances and under no legal theory, contract, or otherwise, shall That Computer Chap Ltd or any of their business partners be liable to you or any other person for any direct, indirect, special incidental, or consequential damages of any character including, damages for loss of goodwill, work stoppage, loss of data, computer failure, or for any and all other damages or losses.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions of this Agreement. This Agreement shall be construed and interpreted in accordance with the Laws of the UK.
12. Delivery and Postage
Please note that it is your sole responsibility to post your device via recorded delivery and also to check received goods on delivery.
We will not be held responsible for any damage to goods or missing parcels before they reach our premises or once they have left our premises. Please check all goods for damage before signing the consignment note and report any damage to the delivery person immediately, do not accept the goods and contact us immediately as binary data is only recoverable from our secure system for a short period of time if at all. As we do not store your recovered files it is impossible for us to send you another copy of your data should you lose or damage you recovery DVDs.
We cannot accept responsibility for any failure on the part of any courier or delivery service used to deliver goods, nor can we accept any consequential loss incurred by the customer by any action or inaction on the part of us or any agent acting on behalf of us.
We send all items First Class Signed for service (also known as Recorded delivery) All 48 hour recoveries are sent via special delivery. Other delivery options are available on request. Unless specific arrangements have been made in writing by the client we send all items to the address that you provided at the time of registration.
Should the client not be available to sign for delivery at the time of delivery then the delivery agent should post a card and either expect you to rearrange delivery at a convenient time or arrange collection from your local delivery office. All deliveries are sent with our return address on the back and if collection has not been made by the expiry time set by your local delivery agent/office then they will send the delivery back to us rather than destroy it. All deliveries sent back to us are stored in our safe for a maximum period of Six months after which time they will be physically destroyed by shredding and then incineration.
If you would like us to send your recovery back to you before it is destroyed then then we will require a £10 admin charge plus postage for every failed attempt.
13. DisclaimerCopyright .com The Information contained in our, emails, websites or phone calls is subject to change without notice.
That Computer Chap Ltd PROVIDES NO WARRANTY WITH REGARD TO ITS SERVICES OR ANY OTHER INFORMATION CONTAINED HEREIN AND HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO ANY OF THE FOREGOING THAT COMPUTER CHAP LTD ASSUMES NO LIABILITY FOR ANY DAMAGES INCURRED DIRECTLY OR INDIRECTLY FROM ANY TECHNICAL OR TYPOGRAPHICAL ERRORS OR OMISSIONS CONTAINED HEREIN OR FOR DISCREPANCIES BETWEEN THE THEIR SEVICES OR WEBSITE. IN NO EVENT SHALL That Computer Chap Ltd , BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL SPECIAL, OR EXEMPLARY DAMAGES, WHETHER BASED ON TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, SERVICES OR ANY OTHER INFORMATION CONTAINED HEREIN OR THE USE THEREOF.
THE SERVICE MAY ONLY BE USED ON THE CONDITION THAT THE USER ACCEPTS THESE CONDITIONS. SENDING YOUR DEVICE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. If you have any questions or concerns relating to these terms and conditions then please contact us on the number that we have provided you with at the time of registraion before sending your device.
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