General
This website is published and maintained by Data Select Limited. By using the Site you agree to the terms and conditions outlined in this legal notice ("Terms of Use"). If you do not agree to the Terms of Use, please do not use the Site.
From time to time, we may change or modify these Terms of Use. You should therefore visit these pages in conjunction with each visit to the Site. If you continue to use the Site after we have changed or modified these Terms of Use, it also means you agree to the new terms of use. Availability of products and services the products and services displayed on the Site may not be available in your particular country or locality, or at all. The reference to such products and services on the Site is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere. You should check with your local Sony Ericsson authorized representative for the availability of specified products and services in your area.
Applications and features are dependent on SIM card and/or network, content format as well as on the compatibility of devices necessary for use. Please verify the local availability of MMS, WAP and mobile internet services, etc., with your operator or service provider.
Ownership
All materials, including all images, software, text and graphics, buttons, keywords, metatags and as well as the general "look and feel", ("the Content"), contained on the Site are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trademark and other rights of Sony Ericsson or its content providers. Without limiting the foregoing,
The Sony Ericsson Logo is the trademark or registered trademark of Sony Ericsson or is used under license from Sony Corporation or Telefonaktiebolaget LM Ericsson.
You cannot use the Content except as specified herein. Violation of these terms may constitute violation(s) of our or our content providers' intellectual property rights, and Sony Ericsson or its content providers may be required to take legal actions to protect these rights.
The Content may be viewed and printed, and documents thereon distributed provided such documents are used for information and non- commercial personal purposes only and reference is made to Sony Ericsson whenever the document is used. You may not exchange, modify, sell or transmit anything on the Site. Press releases and other documents classified as public may be for public communication provided the source of the information is stated.
If you send any communications or materials to the Site by electronic mail or otherwise, all such communications will, to the extent not otherwise labeled, be treated as non-confidential and non- proprietary. Data Select & Sony Ericsson are free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that Data Select & Sony Ericsson are not obligated to use any such ideas or materials, and you have no right to compel such use.
Links
For your convenience, the Site may include links to sites on the Internet which are owned, published and maintained by third parties. Please note that such linked sites are not under our control, and therefore Data Select & Sony Ericsson cannot assume any responsibility for the content of such linked sites. Links to the Site are prohibited without the consent of Sony Ericsson. Links do not, and are not intended to, create or constitute a legal affiliation between Sony Ericsson and any third party, any liability or responsibility on the part of Sony Ericsson for the content, advice, representations, products or services of any third parties, or any endorsement, warranty or guaranty of their products and services or the performance or quality of same. Software available on the Site Any software that may be available for download from the Site ("the Software") is the copyrighted work of Sony Ericsson or its content providers. The Software is made available for downloading solely for end-users personal use and its use is subject to terms of the end user license agreement, which accompanies or is included with the Software ("the License Agreement"). Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SONY ERICSSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON- INFRINGEMENT.
THE CONTENT CONTAINED ON THIS SITE MAY INCLUDE TECHNICAL INACCURANCIES OR TYPOGRAPHICAL ERRORS. SONY ERICSSON RESERVES THE RIGHT TO REVISE CONTENT AS NECESSARY TO CORRECT SUCH ERRORS WITHOUT NOTICE.
Protection of information
Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Further, you should not give your password to anyone. Also, if you share your computer with other people, you should log out from the Site and close your browser window when you are done.
Age limit
Everyone is welcome to visit the Site. However, if you want to contribute to the different sections of the Site, for example join a club or group, enter a contest or buy anything online, you must register. In order to register, you must be at least 15 years old or receive your parent's or guardian's written consent.
Online conduct
If you distribute content or add comments, you grant us the right to edit, copy, distribute, create derivative works from, and publish such content in any form and medium we choose. Also, you are solely responsible and liable for all of your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site:
1. Publish content that is illegal, obscene, or libelous.
2. Harass, threaten, embarrass, or interfere with another user in any unwanted way.
3. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
4. Use vulgar or abusive language.
5. Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.
6. Attempt to get another user's password.
7. Publish any advertising or promotional material.
8. Upload a virus or other harmful component.
9. Interrupt or attempt to interrupt the Site. We reserve the right to remove content at any time, including but not limited to, any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Site.
Indemnification
Neither Sony Ericsson nor those who helped us to create, produce, deliver, and/or maintain the Site are responsible for any damages that may result from your use of the Site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the Site. Therefore, you are entirely responsible for the consequences of your use of the Site. You agree to indemnify, defend and hold Sony Ericsson, providers, licensors and licensees, officers and parent companies (together "Indemnified Parties"), harmless from and against any and all liabilities, claims and expenses, including any attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the foregoing representations, warranties and covenants.
Every effort has been made to ensure the accuracy of the information on the Site. However, because of the nature of the medium and the risks of interruption and disruption, liability is excluded as set out below.
Disclaimer of warranties and damages
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED ""AS IS"" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE SITE, SONY ERICSSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY ERICSSON'S NEGLIGENCE, SHALL SONY ERICSSON BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF SONY ERICSSON OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SONY ERICSSON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ( WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED EUR 2.000.
General provisions
These terms and conditions and any additional terms posted on the Site together constitute the entire agreement between Data Select and you with respect to your use of the Site. The failure of Sony Ericsson to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Sony Ericsson of a breach of any provision hereof be taken or held to be a waiver of the provision itself. To be effective, any waiver by Sony Ericsson must be in writing. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflicts of law rules.
THESE TERMS AND CONDITIONS OF SUPPLY (“TERMS”) APPLY TO AND FORM AN INTEGRAL PART OF YOUR CONTRACT WITH THE “SUPPLIER” FOR THE PROVISION OF INSTALLATION SERVICES (“SERVICES”) FROM US. BY ORDERING SERVICES FROM US, YOU AGREE TO THESE TERMS.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ORDERING YOUR SERVICES.
IF YOU ARE UNABLE TO AGREE TO THESE TERMS, THEN YOU MUST RETURN THE VOUCHER & ANY EQUIPMENT SUPPLIED BY SUPPLIER WHERE IT WAS PURCHASED FOR A REFUND.
In these Terms, "We" "Us" means “InCarFit”, a registered trade mark of (A Novo Mobile Services Limited), a company registered in England and Wales, and “Our” shall be construed accordingly. "You" refers to the customer who purchases the voucher from THE SUPPLIER and “Your” shall be construed accordingly.
Service Description
* We will attempt to ensure that the information and content contained in the Services information (“Information”) relating to Us and the Services are accurate. However, we cannot guarantee that it will be fault or error free.
* We accept no liability for any errors and omissions and reserve the right to change Information, specifications and descriptions of listed Products and Services at any time.
* Products and Services may vary slightly from the descriptions and images where shown.
* We will not be legally bound by any factual or typographical errors in the Information or other promotional materials, other than being bound by these Terms.
SERVICE Orders and Acceptance
We are entitled to refuse any order for the SERVICE placed by You
IF WE REFUSE AN ORDER YOU CAN RETURN THE VOUCHER TO THE SUPPLIER WHERE IT WAS PURCHASED FOR A REFUND.
When Your order for the SERVICE is accepted, we will confirm acceptance of Your order and provide you with an installation Job Reference, installation date and time. You undertake that all details You provide to Us for the purpose of ordering or purchasing are correct
If there are any changes to the details supplied by You, it is Your responsibility to inform Us as soon as possible.
We will incur no liability to You for any delays in delivery or installation of the product caused by reasons beyond Our control.
Any installation dates and times given by Us are only estimates and whilst We will use our best endeavours to adhere to any targets given, We do not undertake to deliver the product or complete the installation on such dates.
Product Installation
The Product supplied in conjunction with the voucher, will be installed by Us into Your vehicle in accordance with the principles of MPT1362 Code of Practice, for the installation of mobile radio and ancillary equipment into land based vehicles and the manufacturer’s recommended installation guidelines and specifications (but subject as set out below).
You warrant being the owner of or duly authorised agent of the vehicle’s owner and as such entitled to enter into this agreement.
You agree to allow Our employees or representatives free access to the vehicle at agreed times for the purpose of installation and repairing any subsequent defects in product and/or workmanship, at a location with sufficient space and light to carry out the work, off the public highway within the United Kingdom mainland.
You understand that fitting the product will require minor modifications to the vehicle such as the fitting of brackets, drilling of holes, laying additional wiring and the like. Our representative will refer to the manufacturer’s recommendations and specifications.
We reserve the right to refuse the installation if:
* The vehicle make, model or year is not the same as shown on the order;and/or
* The vehicle has been modified in any way whatsoever which makes the products incompatible.
IF WE REFUSE AN ORDER YOU CAN RETURN THE VOUCHER & ANY GOODS SUPPLIED TO THE SUPPLIER WHERE IT WAS PURCHASED FOR A REFUND
We reserve the right to make an additional charge in the following events:
* If it is necessary for Us to revisit because the vehicle make, model or year is not the same as shown on the order; or
* If you give less that one working day’s notice of postponement or cancellation of installation appointment.
Warranties and Limitation of Liability
We will repair, modify or replace Products which are or become faulty or defective through normal usage within a period of 12 months after installation on a return to base basis. On site engineer support is provided free of charge for 14 days following original installation but can be extended by an additional payment which can be made during the booking process.
We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, damage as a result of vehicular accident, negligence, abnormal working conditions, failure to follow Our or the Product manufacturer’s instructions (whether oral or in writing), misuse, alteration or repair of the Products without Our approval.
Liability is limited to repair, modification, replacement or refund in respect of Products or Services shown to be faulty or defective. We shall not under any circumstances be liable for consequential loss, loss of profits, or any damage suffered by You in respect of Products or Services supplied. We will only be liable for direct losses up to a maximum total of the price of the Products and Services purchased.
Amendment and Waiver
No alterations to, addition to or qualification of these Terms shall be binding upon Us unless expressly accepted in writing by Us
The failure by Us at any time or for any period to enforce any one or more of these Terms shall not be a wavier of them or a wavier of the right to enforce such Terms on a future occasion.
Legal Construction
So far as the law permits, We disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement) relating to Products and Services provided by Us to You.
In the event that any clause in these Terms is deemed to be unenforceable, the enforceability of any other part of these Terms will not be affected.
These Terms apply only to the extent permitted by law.
Law and Jurisdiction
These Terms will be governed by and construed in accordance with English law and both We and You will submit to the non-exclusive jurisdiction of the Courts of England.
