TERMS AND CONDITIONS


THESE TERMS

What these terms cover

These are the terms and conditions on which we supply our products (“Product”)
and/or the Help-Desk Service (as defined in clause 5) to you.
Why you should read them.

Please read these terms carefully before you submit your order to us.
These terms tell you who we are, how we will provide the Software and/or
the Help-Desk Service to you, how you and we may change or end the
contract, what to do if there is a problem and other important
information.

Using the website www.steem.ninja (“Website”),
or by placing an order for the Product via the Website, by email or post,
indicates that you accept these terms regardless of whether or not you
choose to register with us. If you do not accept these terms, please do
not use the Website and/or make an order for the Product.

If you think that there is a mistake in these terms, please contact us to
discuss.
Consumers only.

These terms and conditions apply to consumer
customers only. If you are a business, separate terms and conditions
will apply to the supply of Product and/or the Help-Desk Service.
By making a purchase for the Product under
these terms and conditions for consumers, you warrant to us that you are
a consumer customer, (being an individual acting for purposes which are
wholly or mainly outside that individual’s trade, business, craft or
profession). It is a condition of any contract made in accordance with
these terms and conditions that you are a consumer customer. If we find
out that you are a business customer, (meaning a person acting for
purposes relating to that person’s trade, business, craft or profession,
whether acting personally or through another person acting in the
trader’s name or on the trader’s behalf), then we may terminate the
contract in accordance with clause 11.1.1 and you may be required to
compensate us for your breach of the contract in accordance with clause
11.2.


INFORMATION ABOUT US AND HOW TO CONTACT US


Who we
are

We are STARCOTECH LIMITED, a company registered in England and Wales. Our
company registration number is 12182607 and our registered office is at Ground
Floor, 2 Woodberry Grove, London, England, N12 0DR.

How to
contact us.

You can contact us by writing to our customer service team at Ground Floor, 2
Woodberry Grove, London, England, N12 0DR or emailing us at info@steem.ninja. You can also use the
contact form on our website at https://steem.ninja/contact.html

 

How we
may contact you.

If we have to contact you we will do so by telephone or by writing to you at
the email address or postal address you provided to us in your order.

"Writing"
includes emails.

When we use the words "writing" or "written" in these
terms, this includes emails.


OUR CONTRACT WITH YOU

How we will accept your order.

Prior to our acceptance of your order for the Product, if you make an
order via our Website, by email or by post, an automatic e-mail
acknowledgement of your order may be generated by us (“Order
Acknowledgement”). Please note that any Order Acknowledgement does
not constitute a formal acceptance of your order, it merely confirms that
we have received your order.
Our acceptance of your order will take place
when you enter your debit or credit card details in our payment processor.

If we cannot accept your order.

If we are unable to accept your order, we will inform you of this in
writing and will not charge you for any product. This might be because of
unexpected limits on our resources which we could not reasonably plan for
or because we have identified an error in the price or description of the
product.
Your order number.

We will assign a unique sales number to your order.
Sales outside the UK

We may, at our sole discretion, accept or refuse orders from outside the
UK. There are countries we may not supply to due to sanctions.
Brexit Trigger, renegotiation and termination

For the purpose of this clause 3.6, a “Brexit
Trigger Event” means any of the following events if caused by Brexit
or any discussions, proposals, negotiations or any other steps taken by
the UK government or a body in any other jurisdiction in anticipation of
or related to preparation for Brexit:

Change in Law: a change in the Law or a
new requirement to comply with any existing Law or existing Law ceasing
to apply to you or us. For these purposes, “Law” means any legal
provision which you or we must comply with including any law, stature,
subordinate legislation within the meaning of section 21(1) of the
Interpretation Act 1978, enforceable EU right within the meaning of
section 2 of the European Communities Act 1972, bye-law, regulation,
order, mandatory guidance or code of practice, judgment of a court of
law, or requirement of any regulatory body, whether in the UK or
elsewhere;
Trade tariff: in any jurisdiction, the
imposition of, or a change to, a duty, tax or levy imposed on imports
or exports of the products provided that such a change or imposition is
not applied equally in respect of the whole of the EU for so long as
the UK remains a member of the EU;
Licence or consent: in any jurisdiction, the
loss of, a change to or the imposition of a new requirement for any
licence or consent required by you or us to perform the contract or to
commercially exploit the Software;
Other change: a change to the business
or economic environment in which we operate which is not caused by
clause 3.6.1.1 to clause 3.6.1.3 above or by any fluctuation in
currency exchange rates.

If a Brexit Trigger Event occurs, we may:

on written notice (“Brexit
Amendment Notice”) require you to negotiate with us in good faith
to amend the contract between us and you, to alleviate the Brexit
Trigger Event; and
if no such amendment is
made to the contract between us and you, within 30 days of the service
of a Brexit Amendment Notice, terminate the contract between you and
us, by giving you not less than 30 days’ written notice.
Save as expressly
provided in this clause 3.6, a Brexit Trigger Event shall not terminate
or alter (or give you a right to terminate or alter) the contract
between you and us, or invalidate any of its terms or discharge or
excuse performance under it. If there is an inconsistency between the
provisions of this clause and any other provision of the contract
between you and us, the provisions of this clause shall prevail.
After delivery of a
Brexit Amendment Notice, and until this contract is varied under clause
3.6.2.1 or terminated under clause 3.6.2.2 above, we and you shall,
unless prohibited by law, continue to comply with the terms of the
contract between us, except that we need only use reasonable endeavours
to comply with our obligations under the contract insofar as they are
affected by the relevant adverse impact caused by the Brexit Trigger
Event.



THE SOFTWARE

Intellectual Property Rights in the Software.

All intellectual property rights are owned by STARCOTECH LIMITED. and/or
its licensors. We reserve all rights to the products we offer, save as
expressly granted under the Licence Agreement.
Licence Agreement.

We are licenced to grant you access to the Product, but subject to you
agreeing to enter into the Licence Agreement with STARCOTECH LIMITED As
such, the products supplied by us should not be used until you have
agreed to the terms of the Licence Agreement. The products may not be
copied, adapted, translated, made available, distributed, varied,
modified, disassembled, decompiled, reverse engineered or combined with
any other software, save to the extent that:

this is permitted in the Licence Agreement;
or
applicable law expressly allows such a right
which cannot legally be excluded by contract.

Licence Period.

Your right to use the product is not time limited.
Updates to the Software.

We may provide periodical updates to the product
in accordance with clause 7.2 so as to continually protect your
device(s) against viruses or malware. No prior notification of such
updates will be given and therefore we require you to fully comply with
your obligations under clause 4.5.1 to ensure that such updates are
successfully received by your device(s).
Where the Licence Agreement ends for any
reason, we will immediately cease to provide any updates and, as a
consequence, your device(s) may not be protected against viruses or malware.
Where the Licence Agreement ends for any reason, you must therefore
fully comply with clause 4.5.2 and we shall have no liability to you for
loss suffered if you fail to do so.


THE SERVICES

Technical support services.

Subject to the following conditions, we may be able to offer you, at no
charge, a help-desk service to assist you with any problems that you
might have with the product, and a technical support help-desk service
during the Licence Period to use the Software (“Help-Desk Service”):


the Help-Desk Service shall be supplied
during normal business hours (9.30 am to 5.00 pm (UK time) Monday to
Friday excluding bank holidays) and shall cover only the following
scope: email, chat and telephone support, which will assist in
addressing STARCOTECH LIMITED and Malware related issues related to
installation and maintenance and by supplying you with trouble shooting
advice and/or the appropriate documented (known) solution(s);
in providing the Help-Desk Service we shall
provide the services with reasonable care and skill, however as there is
no charge to you for using the Help-Desk Service, the services shall be
provided without any warranty, guaranty or representation of any kind
whatsoever;
it is your sole responsibility to back up
all your data, software and programs before making use of the Help-Desk
Service;
as the Help-Desk Service is a complementary
service, we shall be under no obligation to supply the Help-Desk Service
and we reserve the right to withdraw, suspend or to terminate the
Help-Desk Service at any time;
we cannot guarantee any response times when
you make an enquiry of the Help-Desk Service;
by making use of the Help-Desk Service, you
agree that we shall have no liability to you whatsoever for any loss or
liability that you may suffer and which arises from your use of or our
provision of the Help-Desk Service except where such loss or liability is
due to any negligent act or omission on our part; and
where the Licence Agreement ends for any
reason, we shall have no further obligation to provide the Help-Desk
Service to you. We may suggest that you renew your Licence Agreement and
may assist you to do so, however we shall have no liability for any loss
suffered by you during any period in which the Licence Agreement has
ended and/or as described in clauses 4.4 and/or clause 4.5.

Additional optional services.

If you require technical support services beyond those set out in clause
5.1, then any such additional service may be supplied subject to you
entering into a separate agreement with us for the provision of our
premium technical support service.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Software
you have ordered please contact us.

We will let you know if the change is possible. If it is possible we will
let you know about any changes to the price of the Software, the timing
of supply or anything else which would be necessary as a result of your
requested change and ask you to confirm whether you wish to go ahead with
the change. If we cannot make the change or the consequences of making
the change are unacceptable to you, you may want to end the contract (see
clause 9 - Your rights to end the contract).

OUR RIGHTS TO MAKE CHANGES

Minor changes to the Product and/or the
Help-Desk Service.

We may change the product and/or the Help-Desk Service:

to reflect changes in relevant laws and
regulatory requirements; and/or
to implement minor technical adjustments and
improvements, for example to address a security threat. These changes
will not affect your use of the Software and/or the Help-Desk Service.

Updates to the Software.

We may update or require you to update the Product, provided that the Product
(following any update) shall always match the description of it that we
provided to you before you bought it.
Updates to these terms and conditions and/or
the Licence Agreement.

We may update these terms and conditions and/or the Licence Agreement
from time to time to reflect changes in relevant laws and regulatory
requirements. If we do update these terms and conditions and/or the
Licence Agreement, we will notify you and you may then contact us to end
the contract before the change takes effect and receive a refund for any
Software paid for but not received.

PROVIDING THE PRODUCT

When we will provide the Product.

We will make the Product available for download by you as soon as we
accept your order. Delivery of the information referred to in clause 3.1
shall be to a valid e-mail address submitted by you. You must check your
email address details on any Order Acknowledgement we provide and notify
us without delay of any errors or omissions. We shall have no liability
for failing to provide the Software where you have not fully complied
with clause 8.3 below.

We may provide the Help-Desk Service as detailed in clause 5.
We are not responsible for delays outside our
control.

If our supply of the Product and/or the Help-Desk Service is delayed by
an event outside our control then we will contact you as soon as possible
to let you know and we will take steps to minimise the effect of the
delay. Provided we do this we will not be liable for delays caused by the
event, but if there is a risk of substantial delay you may contact us to
end the contract and receive a refund for any Software you have paid for
but not received.

Examples of events outside our control include, but are not limited to:

strikes, lock-outs or other industrial
action; or
civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war; or
fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster; or
impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport; or
impossibility of the use of public or
private telecommunications networks.

What will happen if you do not give required
information to us.

We may need certain information from you so that we can supply the Product
and/or the Help-Desk Service to you, for example, a valid email address
and the full name of the person who is the purchaser. If you do not give
us this information within a reasonable time of us asking for it, or if
you give us incomplete or incorrect information, we may either end the
contract (and clause 11.2 will apply) or make an additional charge of a
reasonable sum to compensate us for any extra work that is required as a
result. We will not be responsible for supplying the Product and/or the
Help-Desk Service late or not supplying any part of it if this is caused
by you not giving us the information we need within a reasonable time of
us asking for it. It is your responsibility to inform us if your
information changes during the term of the contract, even where we have
not asked for it, and we shall have no liability for any loss you suffer
as a result of us being unable to provide the Product and/or the
Help-Desk Service, any periodic updates to the Product and/or any
auto-renewal under clause 8.6 as a result of you not promptly providing
us with such updated information.
We may suspend supply of the Product and/or
the Help-Desk Service if you do not pay.

If you do not pay us for the Product when you are supposed to (see clause
13.4), we may suspend supply of the Product and/or the Help-Desk Service
until you have paid us the purchase price in full for the Product.

YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us.

Your rights when you end the contract will depend on whether there is
anything wrong with the Product and/or the Help-Desk Service, how we are
performing and when you decide to end the contract:

If the Product you have bought is faulty or
misdescribed you may have a legal right to end the contract (or to get
the Product repaired or replaced or to get some or all of your money
back), see clause 12;
If you want to end the contract because of
something we have done or have told you we are going to do, see clause
9.2;
If you have just changed your mind about the
Product, see clause 9.3. You may be able to get a refund if you are
within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault
and there is no right to change your mind), see clause 9.6.

Ending the contract because of something we
have done or are going to do.

If you are ending the contract for a reason set out at 9.2.1 to 9.2.5
below the contract will end immediately and we will refund you in full
for any Product which has not been provided and you may also be entitled
to compensation. The reasons are:

we have told you about an upcoming amendment
to these terms and conditions and/or the Licence Agreement under clause
7.3, which you do not agree to;
we have told you about an error in the price
or description of the Product you have ordered and you do not wish to
proceed;
there is a risk that the supply of the Product
and/or the Help-Desk Service may be significantly delayed because of
events outside our control;
we have suspended the supply of the Product
and/or the Help-Desk Service for technical reasons, or notify you we are
going to suspend them for technical reasons, in each case for a period
of more than 30 days; or
you have a legal right to end the contract
because of something we have done wrong.

Exercising your right to change your mind
(Consumer Contracts Regulations 2013).



For most
products bought online you have a legal right to change your mind within 14
days and receive a refund. These rights, under the Consumer Contracts
Regulations 2013 in relation to digital products are explained in more detail
in these terms.



When you don't have the right to change your
mind.

Under the Consumer Contracts Regulations 2013, you do not have a right to
change your mind in respect of the Product after you have started to
download or stream it.
How long do I have to change my mind?

You have 30 days after the day you receive
our Acceptance, to change your mind and receive a full refund of the
purchase price for the Product. If we delivered the Product to you
immediately, and you agreed to this when ordering, you would not
normally have a right to change your mind under the Consumer Contracts
Regulations 2013,

Ending the contract where we are not at fault
and there is no right to change your mind.

Even if we are not at fault and you do not have a right to change your
mind (see clause 9.1), you can still end the contract before it is
completed, but sums may be due from you for the period in which you have
used or had access to the Product. If you want to end the contract before
it is completed where we are not at fault and you have not changed your
mind, just contact us to let us know.

HOW TO END THE CONTRACT WITH US (INCLUDING IF
YOU HAVE CHANGED YOUR MIND)

Tell us you want to end the contract.

To end the contract with us, please let us know by doing one of the
following:

By Email. email us at info@steem.nija.
Please provide your name, home address, details of the order and, where
available, your phone number and email address.
By post. Print off the form at the end of these
terms and post it to us at the address on the form. Or simply write to
us at that address including details of what you bought, when you
ordered or received it and your name and address.

How we will refund you.

We will refund you the price you paid for the Software by the method you
used for payment. However, we may make deductions from the price, as
described at clause 9.6 and below.
When your refund will be made.

We will make any refunds due to you as soon as possible. If you are
exercising your right to change your mind then your refund will be made
within 14 days of your telling us you have changed your mind.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it.

We may end the contract for the Software and/or the Help-Desk Service at
any time by writing to you if:

you warrant that you are a consumer under
clause 1.3 and enter into a contract under these terms and conditions as
a consumer customer, but we have reasonable grounds to believe that you are
a business customer and/or are acting for purposes relating to your
trade, business, craft or profession, whether acting personally or
through another person acting in your name or on your behalf;
you do not make any payment to us when it is
due and you still do not make payment within 14 days of us reminding you
that payment is due;
you do not, within a reasonable time of us
asking for it, provide us with information that is necessary for us to
provide the Software and/or the Help-Desk Service;
you use the Software on more devices than
you have paid for under your order for the Software and fail to pay for
all additional usage when requested to do so by us;
you fail to enter into, or materially breach
the terms of, the Licence Agreement, including (but not limited to)
where you have opted for annual auto-renewal under clause 8.6;
you fail to fully comply with your
obligations under clause 4.5;
the Software is discontinued and/or it
becomes not possible for us to supply the Software for any reason; or
a Brexit Trigger Event occurs and clause
3.6.2.2 applies

You must compensate us if you break the
contract.

If we end the contract in the situations set out in clause 11.1 we will
refund any money you have paid in advance for Software we have not provided
but we may deduct or charge you reasonable compensation for the net costs
we will incur as a result of your breaking the contract.

IF THERE IS A PROBLEM WITH THE SOFTWARE

How to tell us about problems.

If you have any questions or complaints about the Software and/or the
Help-Desk Service, please contact us. You can telephone our customer
service team at 01202 405405 or write to us at info@steem.ninja or by writing to us at our address.
Summary of your legal rights.

We are under a legal duty to supply the Product that is in conformity
with this contract. See the box below for a summary of your key legal
rights in relation to the Product. Nothing in these terms will affect
your legal rights.



Summary
of your key legal rights

This is a
summary of your key legal rights. These are subject to certain exceptions. For
detailed information please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06.

Digital
Content:

If your
product is digital content, for example software, the Consumer Rights Act 2015
says digital content must be as described, fit for purpose and of satisfactory
quality:

b) If
your digital content is faulty, you're entitled to a repair or a replacement.

c) If the
fault can't be fixed, or if it hasn't been fixed within a reasonable time and
without significant inconvenience, you can get some or all of your money back.

d) If you
can show the fault has damaged your device and we haven't used reasonable care
and skill, you may be entitled to a repair or compensation.

See also
clause 9.3.

Services:

If your
product is services, for example the Help-Desk Service, the Consumer Rights Act
2015 says:

a) You
can ask us to repeat or fix a service if it's not carried out with reasonable
care and skill, or get some money back if we can't fix it.

b) If you
haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you
haven't agreed a time beforehand, it must be carried out within a reasonable
time.

See also
Exercising your right to change your mind (Consumer Contracts Regulations
2013).


PRICE AND PAYMENT

Where to find the price for the Product.

The price of the Product will be the price indicated on the order pages
of our Website when you placed your order. We take all reasonable care to
ensure that the price of the Product advised to you is correct. However,
please see clause 13.3 for what happens if we discover an error in the
price of the Product you order.

 
We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply
the Product, we will adjust the rate of VAT that you pay, unless you have
already paid for the Product in full before the change in the rate of VAT
takes effect. s.
What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the Products
we sell may be incorrectly priced. We will normally check prices before
accepting your order so that, where the Product's correct price at your
order date is less than our stated price at your order date, we will
charge the lower amount. If the Software's correct price at your order
date is higher than the price stated to you, we will contact you for your
instructions before we accept your order.

If we accept and process your order where a pricing error is obvious and
unmistakeable and could reasonably have been recognised by you as a
mispricing, we may end the contract, refund you any sums you have paid
and require you to immediately cease to use any Software provided to you.

When you must pay and how you must pay.

We accept payment with most credit and debit cards, excluding American
Express and/or Diners Club International. You must pay for the Product before
you download it.





OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED
BY YOU

We are responsible to you for foreseeable
loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage
you suffer that is a foreseeable result of our breaking this contract or
our failing to use reasonable care and skill, but we are not responsible
for any loss or damage that is not foreseeable. Loss or damage is
foreseeable if either it is obvious that it will happen or if, at the
time the contract was made, both we and you knew it might happen, for
example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our
liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors;
for fraud or fraudulent misrepresentation; for breach of your legal
rights as summarised at clause 12.2.
We are not liable for business losses.

The Product and/or the Help-Desk Service is supplied to you for domestic
and private use only. If you use the Product and/or the Help-Desk Service
for any commercial, business or re-sale purpose (if applicable) we will
have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information.

We will only use your personal information as set out in our privacy
policy, available on our web site.

OTHER IMPORTANT TERMS

We may transfer this agreement to someone
else.

We may transfer our rights and obligations under these terms to another
organisation.
You need our consent to transfer your rights
to someone else (except that you can always transfer our guarantee).

You may only transfer your rights or your obligations under these terms
to another person if we agree to this in writing.
Nobody else has any rights under this
contract (except someone you pass your guarantee on to).

This contract is between you and us. No other person shall have any
rights to enforce any of its terms.

Neither of us will need to get the agreement of any other person in order
to end the contract or make any changes to these terms.
If a court finds part of this contract
illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court
or relevant authority decides that any of them are unlawful, the
remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract,
we can still enforce it later.

If we do not insist immediately that you do anything you are required to
do under these terms, or if we delay in taking steps against you in
respect of your breaking this contract, that will not mean that you do
not have to do those things and it will not prevent us taking steps
against you at a later date. For example, if you miss a payment and we do
not chase you but we continue to provide the Product and/or the Help-Desk
Service, we can still require you to make the payment at a later date.
Which laws apply to this contract and where
you may bring legal proceedings.

These terms are governed by English law and you can bring legal
proceedings in respect of the Software in the English courts. If you live
in Scotland you can bring legal proceedings in respect of the Software in
either the Scottish or the English courts. If you live in Northern
Ireland you can bring legal proceedings in respect of the Software in
either the Northern Irish or the English courts.