WEBSITE TERMS AND CONDITIONS for www.blackcatpcs.co.uk
These terms and conditions govern your use of our website. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. Using the website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. Site Access
1.1 You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.
2. Use of Website
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. Site Uptime
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. Visitor Conduct
4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
4.2 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.
5. Links to and from other Websites
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6. Disclaimer
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. Exclusion of Liability
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
8. Governing Jurisdiction
8.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
9. Our Details
Our business’s name is: Black Cat PC Services Ltd
Our business address is: B3 Laser Quay, Culpeper Close, Rocheser, Kent. ME2 4HU
Our VAT registration is: GB139 4086 00
Our contact details are: Phone: 01634 914074| Email: info@blackcatpcs.co.uk
Terms and Conditions of Service
1. Agreement for repair
1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your Device. By placing an order, you accept our Terms & Conditions.
1.2 Reference to “us”, “we” and “our” refer to Black Cat PC Services Ltd and references to “you” and “your” are references to you, the person addressed by this form.
1.3 Throughout this document Device will refer to one of the following; (PC, Laptop, Tablet, Notebook, Mobiles Phones / Devices including but not limited to Apple iPad, Apple iPhone, Apple iPod, Apple iPod Touch).
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you place your order and shall continue until we have repaired or otherwise returned your Device (“Services”), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your Device subject to the availability of any parts required. We shall perform the Services using our reasonable care and skill.
2.3 Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
2.4 We shall notify you when the Device has been repaired and has been dispatched back to you / is ready to be collected from us.
2.5 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will attempt to notify you immediately.
2.6 Our out of warranty/chargeable repairs are guaranteed for 12 months from the date the Device is ready for collection. If the same fault should re-occur we will repair if free of charge. This does not include to removal of viruses, malware or any such like infection or software related errors. If the Device develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply
2.7 All charges may be subject to VAT and any other government taxes or duties as applicable to your home country.
3. Liability
3.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) repaying to you any amount that you have paid in respect of the Services.
3.2 If, through our proven negligence or wilful misconduct, we damage the Device beyond economical repair, our liability will be limited to the cost of repair or parts paid for.
3.3 Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data. Please back up your Device.
3.4 Nothing in this clause 4 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
3.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
3.6 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
3.7 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
3.8 We do not warranty the product or service for any external agency outside of Black Cat PC Services Ltd, such as Microsoft, Dell, HP, Apple or 3rd party insurance companies.
3.9 We shall not be liable for any extra damage due to the initial failure point. Such as failure of parts once the device is disturbed.
3.10 All of your devices previous warranties are voided once you agree to our service which conmmences on the date of delivery to us and you accept all of terms and conditions. This includeds any manufacturer warranty that is remaining on your device and manufacturer warranty seals (internally and externally) will be broken and voided during the service, diagnosis and/or repair.
3.11 Any device that has been subject to liquid damage or liquid penetration carries inherent risk for the service provider and the service provider accepts no responsibility or liability and will not be liable for any loss or further damage to the device or data on the device during the service, diagnosis and/or repair. This includes other components failing once they have been disturbed during the service, diagnosis and/or repair as liquid damaged components and devices can often function until being disturbed due to corrosion and damage caused by fluid but not fully accentuated until moved or disturbed ie. unplugged.
4. Data Protection
4.1 We ask for your name and address and the other details set out so that we can notify you when your Device has been repaired and so we can give you an efficient after-sales service. By using / requesting our Services you consent to our use of your Personal Information as described. If you do not wish us to retain any information for after-sales service you should write to us at Black Cat PC Services Ltd. Innovation Centre Medway, Maidstone Road, Chatham, Kent. ME5 9FD.
5. General
5.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
5.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
5.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
5.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
5.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
5.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
5.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.