Pliosaur Energy - terms-of-use
Pliosaur Energy Limited (PEL), company number 07900305, is the owner and operator of the website ("Site"), "www.pliosaurenergy.com". In these terms PEL may be referenced as "we", "us", "our" and "Pliosaur".
These terms ("Terms") set out how you may use the Site and its content, both when you register for and use a Pliosaur Account ("Account") and when you use the Site as a guest i.e. where you use and/or browse the Site without logging into your Account. Use includes without limitation accessing, browsing (with or without purchase), downloading and registering.
Pliosaur have developed proprietary software that is accessible from the Site, the ApeX Software. Use of this Software is controlled by additional terms in the End User License Agreement ("EULA"). If you decide to download the Software, you are confirming acceptance of the terms of the EULA.
You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of Our Terms and that they comply with them.
We reserve the right to amend Our Terms from time to time.
Content On The Site
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely.
We will update the Site from time to time, and may change the content at any time.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice.
Your Pliosaur Account details
When you register a Pliosaur Account you will be required to provide certain details about you including but not limited to your name, home address, date of birth, marketing preferences, a security question and you will be asked to provide an email address and password which you will need to use to login to your Account ("Login Details") (collectively the "Personal Details").
It is important and you must ensure, that your Personal Details are correct and personal to you (and not anyone else), for example, you must not as part of your Login Details or otherwise, provide a generic email address (e.g. firstname.lastname@example.org) or an email address that is used by another person. You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.
You must regularly review the Personal Details provided and change any details where your circumstances change e.g. where you change your address, email address or name. It is your responsibility to ensure your Personal Details are kept accurate and up to date.
You must also treat all your Personal Details as confidential information. You must in no circumstances disclose your Login Details to any other person. If you know or suspect that another person has your Login Details you must inform us immediately by contacting our Customer Care team at email@example.com or by post to the company address.
We will make available to you on your Account your Personal Details and your order history (i.e. details of subscriptions or payments you have placed with Pliosaur) ("Account Details"). You must always log out of your Account after you have finished. This will prevent unauthorised persons from accessing your Personal Details and your Account. We reserve the right to close /suspend/ disable your Account at any time and in any circumstances.
Intellectual Property Rights
The intellectual property rights in the Site (including without limitation the content and software used in the Site) remains our property. These rights are protected by copyright, treaties and laws around the world and are expressly reserved.
You must not use or otherwise reproduce the "Pliosaur" name and/or logos (or any marks which are colourably similar) without our prior written consent.
Intellectual property rights for the Software remain our property, as defined in the EULA.
Limitation On Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services.
You agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Services, or on any website linked to the Services.
We do not guarantee that the Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
You must not misuse the Services.
You must not, in relation to the Service: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; attack the Site via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; and/or corrupt data.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately.
You must not use automated systems or software to extract data from the Services without our prior written consent.
Third Party Links And Resources On Our Site
Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by us of those linked websites. When you activate any of these links you will leave the Services and we have no control over, and will accept no responsibility or liability for any loss or damage that may arise from your use of them.
The Sales Contract
Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.
Please take the time to check the details of your order before clicking "Confirm and Pay", as you will not be able to make any changes to your order after this point.
After you place an order by clicking "Confirm and Pay", you will receive an e-mail from us acknowledging that we have received your order.
We reserve the right to refuse an order if we are unable to obtain authorisation of payment, or if we suspect fraudulent activity.
If we are unable to supply you with an Item, we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount as soon as possible.
When you purchase Items and/or download software from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Items On The Website
We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.
Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been despatched.
The price of an item includes VAT (or similar sales tax) (where applicable) at the prevailing rate for which we are responsible as a seller.
Please note that the prices listed on the Site are only applicable for items purchased on the Site and not through any other source.
Please note that whilst we take utmost care in ensuring the content on the Site (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the Site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the Site that may contain errors or inaccuracies.
You can pay for Items on the Site using the following payment options: Visa, Mastercard, Maestro, American Express.
All prices on the Site are in Pound Sterling.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible.
We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order, you agree to this.
In the event payment is ten (10) or more days overdue, Pliosaur reserves the right to suspend access to the Software until the overdue amounts are paid in full.
Import Duties And Taxes
Please note you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes.
Cancelling Your Contract
You can cancel your contract at any time within 14 days of the commencement date and receive a full refund within the Cancellation Period. To cancel you will need to login to the Site and follow the Cancellation process. The refund will be made to the original method of payment you used, within 14 calendar days of our receipt of your cancellation notice.
Pliosaur reserves the right to charge an administration fee equivalent to 1 (one) months Software subscription in the event that you decide to terminate the subscription agreement within 30 days of the commencement date.
The above does not affect your statutory rights.
If you are a consumer, you may only purchase Items from the Site if you are at least 14 years old. Otherwise you a parent or guardian must purchase Items from the Site for you.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.
We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under Our Terms. You may only transfer your rights or your obligations under Our Terms to another person if we agree in writing.
Each of the clauses of Our Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under Our Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means your use of the Site and any contract for the purchase of Items through the Site; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Site.
If you have any questions about our Terms or Site please contact our Customer Care Team at "firstname.lastname@example.org" or by post to Pliosaur Energy Ltd, 34 Sally Hill, Portishead, North Somerset, BS20-7BH.
The Terms were last updated on 27 December 2020.