BLUEBROADCASTER — TERMS & CONDITIONS
RETURNS
BlueBroadcaster offers a 14-day money-back guarantee on unused products. Before ordering, you must satisfy yourself that the product is suitable for your intended direct business-to-business marketing purposes. We make no warranty as to suitability for any other use.
DAMAGED GOODS
Upon receipt you must unpack and visually inspect all units and accessories. Any visible damage must be noted to the courier before signing. Goods notified as damaged after acceptance will not be accepted for return or refund.
We do not offer a free returns service. Return postage and original delivery charges are not refunded. We do not accept responsibility for items lost or damaged in transit back to us.
WARRANTY
Faulty goods If a fault appears within 12 months of delivery, we will normally offer a prompt repair or replacement service (subject to inspection). You will always have the option of a refund or exchange within the first 28 days if the fault is accepted.
This warranty does not cover faults caused by accident, neglect, misuse, unauthorised modification, or normal wear and tear. Your statutory rights are unaffected.
LATE PAYMENTS
We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998. Interest on overdue amounts accrues at 8% above Bank of England base rate or at market rates (whichever is higher).
SOFTWARE & DEVICE LICENCE TERMS
A. Ownership
All copyright, database rights, design rights, patents, trade marks and all other intellectual property rights in the Software, firmware, online portal, any associated systems, and any data or content generated by the Devices remain the exclusive property of Technical Comms Limited at all times. The Devices and Software are supplied on licence only. They are never sold outright. No title or ownership passes to you at any time.
B. Licence Acceptance
By installing, activating, using or continuing to use any Device or Software, you accept these terms in full on behalf of yourself and any organisation you represent. If you do not accept these terms you must immediately cease all use, delete all copies of the Software and return or destroy all Devices. The Devices and Software may only be used for marketing purposes. Use of the Devices or Software for any purpose other than marketing (including but not limited to demonstrating, evidencing or simulating occupation, presence or activity in any premises) is strictly prohibited without our prior written consent.
C. Permitted Use
The licence permits use of the Devices and Software only for:
- Sending proximity marketing or Bluetooth/WiFi messages in connection with your own direct business-to-business marketing activities.
- Use by your own employees on your own premises and equipment.
D. Restrictions You must not, and must not permit any third party to:
D.1 Use any Device or Software in, or place any Device within, any third-party commercial, office, retail, industrial or other premises for the purpose of demonstrating, evidencing or simulating occupation, presence or activity.
D.2 Use any Device or Software to generate, collect, download, process or submit any technical data, logs, reports, photographs, timestamps or other evidence intended for use in relation to any third-party claim, application or dispute without our prior written consent.
D.3 Sub-licence, assign, rent, lease, transfer, share or otherwise make available the Devices or Software to any third party.
D.4 Modify, adapt, reverse engineer, decompile, disassemble, bypass or create derivative works from the Devices, Software, firmware or any associated systems.
D.5 Use the Devices or Software with any third-party software, firmware, systems or networks not expressly authorised by us.
D.6 Disable, interfere with or circumvent any authentication, monitoring, remote access or security mechanisms implemented by us.
Any use outside the scope of clause C requires separate prior written permission from Technical Comms Limited, which may be granted or refused in our absolute discretion and may be subject to additional terms and charges.
E. Remote Access, Audit & Interrogation Rights
We reserve the right at any time, without prior notice, to remotely access, connect to, audit, monitor, update, patch or interrogate any Device supplied by us (whether currently in use, in storage or otherwise under your control), including but not limited to:
- Verifying compliance with these terms.
- Collecting usage data, logs, configuration settings or evidence of operation.
- Confirming the physical location, status, activity or connectivity of the Device.
- Downloading or uploading data, firmware or software for maintenance, security, auditing or compliance purposes.
You must ensure that all Devices remain capable of receiving and responding to such remote access (including maintaining internet connectivity where applicable) and must not disable, block, interfere with or obstruct any remote access mechanisms we have implemented.
If any remote access involves processing personal data, it will be conducted in compliance with UK GDPR requirements. Failure to permit or facilitate remote access when requested constitutes a material breach of this licence and entitles us to terminate the licence immediately and pursue all available remedies.
F. Termination
We may terminate this licence immediately by written notice if you breach any term. Upon termination you must immediately cease all use, delete all copies of the Software and return or destroy all Devices.
G. Entire Agreement & Variation
These terms constitute the entire agreement between us relating to the Devices and Software and supersede all prior understandings. We may update these terms from time to time. Continued use of any Device or Software constitutes acceptance of any revised terms. No variation or waiver of these terms shall be effective unless in writing and signed by an authorised representative of Technical Comms Limited.
H. Governing Law
This licence is governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these terms.
I. Limitation of Liability
Our total liability to you for any losses arising under or in connection with these terms (whether in contract, tort including negligence, or otherwise) shall not exceed the amount you originally paid for the Device and/or Software.
We shall not be liable for any indirect, consequential, special or punitive damages, or for loss of profits, data, business interruption or goodwill, even if advised of the possibility of such damages. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be limited or excluded by law.
These limitations are reasonable given the nature and price of the products and the risks involved.
If you require clarification or wish to request separate written permission for any specific use, please contact us at info@bluebroadcaster.com.