Our Terms and Conditions
- Information about us and how to contact us
- Acceptance of our Terms
- Terms of Access
- Price and Payment
- Payment Processing
- Data Protection
- Limitation of Liability
- Events outside of our Control
- Queries and Complaints
- Third Party Rights
1. Information about us and how to contact us
Who we are. We are M Cubed Software Ltd a company registered in England and Wales and are referred to as ‘we’, ‘us’ or ‘our’ in these Terms and Conditions. Our company registration number is 08355834 and our registered office is at 38 Lodge Street, Accrington, Lancashire, BB5 6EH.
How to contact us. You can contact us by writing to us at email@example.com.
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.
2. Acceptance of our Terms
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
These terms and conditions (Terms) form a legal and binding agreement between us and you and your use of our website, www.mcubedsw.com, which includes but is not limited to products, software and services offered by way of our website and other subscription services.
Please review the Terms fully before you continue to purchase our products (Subscription).
By purchasing the Subscription, you agree to be bound by these Terms. If you do not agree, please discontinue the process of purchasing the Subscription.
On providing written notice, we reserve the right to vary these Terms at any time. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
By subscribing to our products and services you accept these Terms and confirm that you are willing to pay our subscription fee (as applicable).
In order to subscribe to our Products or services, you must complete our registration process. You agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration process (Personal Data), and (b) maintain and promptly update your Personal Data to keep it true, accurate, current, and complete.
Upon completing the registration process, you shall receive confirmation that an account has been created. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. Please do not share your login details with any other party.
By registering your data, you consent to the collection of your data, including, without limitation, your Personal Data, by us and processing of such data by us in connection with your use of the service. You consent to the technical processing and transmission involved in your use of the website, including, without limitation, Personal Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
By registering your Personal Data, you agree that we will be able to provide notices to you by email. You are able to review your settings at anytime to control and limit the messages you receive from us.
Subscriptions will automatically renew and can be cancelled at anytime in accordance with our Terms.
Your Subscription begins on the day that you purchase our product. We shall be under no obligation to provide a service until the Subscription fee has been paid.
Regardless of your marketing preferences, we will contact you after your Subscription expiry with renewal reminders.
Each Subscription is limited to three active devices at any given time. If you wish to activate an additional device, one of the existing devices will have to be deactivated.
From time to time we may run discounts, offers and promotions on subscriptions and other products. We reserve the right to change, amend or withdraw these offers at any time.
After any promotional period ends, the price will automatically revert to the full price, as stated.
6. Terms of Access
Our services are delivered wholly online; you warrant that you have a reliable internet connection capable of supporting your Subscription.
We cannot accept a Subscription unless you are agreed 18 years or over.
Any suspected abuse of the system will be followed up and we reserve the right to suspend access to all services until the matter is resolved. In the event that a breach of these Terms is confirmed, we reserve the right to terminate your Subscription without refund of monies paid.
7. Price and Payment
The price of Subscription will be as quoted on our website, except in the case of obvious error. We reserve the right to change our prices at any time, but changes will not affect existing agreements and orders which we have already accepted.
We reserve the right to increase the price of the subscription fee.
All subscription fees are payable in advance. Subscription fees will be billed automatically at the start of the annual period. The fees will auto-renew until you terminate your Subscription. You may cancel at any time in accordance with clause 13 below.
8. Payment Processing
Unless otherwise stated all amounts due from you to us will be paid before access to our product is granted. You must pay for our products before you download them.
When you provide your payment information to us, you authorise us and certain third party service providers on our behalf to receive, store and encrypt your payment information. No refunds or credits will be provided by us other than as set out in these Terms.
Any amounts due under the agreement shall be paid by you in full without any set off, counterclaim, deduction or withholding (other than any deduction or withholding of tax required by law).
We grant you a non-transferable and non-exclusive right and license to use our service, subject to your compliance with these Terms. You may not redistribute or modify our products or services without our permission. We retain all rights over the application, and no third-party or agency is entitled to sell, modify or repackage the application without our prior consent. The license you are granted for using the application is non-transferable and we reserve the right to terminate licenses which breach these Terms.
10. Data Protection
We warrant to you that we will at all times comply with our obligations (if any) under the Data Protection Act 2018 (as amended or updated from time to time).
11. Limitation of Liability
Our liability for any losses you suffer as a result of us breaking our Terms including deliberate breaches is strictly limited to the price of the Subscription you purchased from us. You expressly acknowledge and agree that we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. This does not include or limit in any way our liability for death orpersonal injury caused by our negligence or for fraud or fraudulent misrepresentation.
12. Events outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Subscription that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the agreement may be performed despite the Force Majeure Event.
|13.1||You may be entitled to change your mind and receive a full refund within 14 days (Cooling-off Period) of subscribing to our products and services, provided that you have not logged in or otherwise started to use our products or services during that Cooling-off Period.|
|13.2||You may cancel your Subscription by contacting us or by signing into your account and following the link to cancel your Subscription. The cancellation of your Subscription will take effect at the end of the current billing cycle.|
|13.3||You agree that we, in our sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the websites or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the service, and may remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate in connection with any breach of these Terms.|
14. Queries and Complaints
If you have a general query regarding your Subscription you should use the ‘contact us’ facility on our website.
We may at anytime assign, transfer, delegate or deal in any other manner with any or all of its obligations under the agreement.
You may not assign, transfer, delegate or deal in any other manner with any or all of its obligations under the agreement.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the agreement.
17. Third Party Rights
A person who is not party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Agreement.
The relationship between us shall be governed by and in accordance with the laws of England and Wales and we both agree to submit to the exclusive jurisdiction of the Courts of England and Wales.