Terms & Conditions

/Terms & Conditions
Terms & Conditions2018-08-10T17:13:37+00:00

WARRANTY

Faulty goods

If there is a fault with your product within the applicable product guarantee period (12 months from delivery), we will normally offer a prompt repair service.
Please see full warranty terms & conditions:  https://www.bluebroadcaster.com/warranty

This service can either be an Onsite warranty repair, or a RTB (return to base) repair. Please contact us for confirmation of which will apply to your product. You will always have the option of an exchange or refund if a fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.

Goods that are found not to be faulty will incur a restocking fee of 50% of the cost of the item at the time of sale or a re-delivery fee that will be levied to the customer. We recommend that you call our support helpline on 0161 870 8048 to discuss your issue prior to sending goods back to us.

If any products that are returned, including all original box & internal packaging, are received damaged or defaced in any way, then they will not be refunded.

* In otherwise as new condition.

* Complete with all accessories and free gifts ordered with it.

* With the original box and all packaging.

This promise does not cover faults that are caused by accident, neglect, misuse or normal wear and tear. Your statutory rights are not affected by this notice.
For full Warranty Terms & Conditions see: https://www.bluebroadcaster.com/warranty

Returns:
BlueBroadcaster offers a no quibble 14-day money back guarantee.
Before you order: Please ensure that the product you are purchasing is suitable for the purpose you intend to use it. You must satisfy yourself on this point as we make no warranty in this regard.

Damaged:
Upon receipt of goods you are required to unpack and visually inspect all units and accessories to ensure that no damage has occurred in transit. Any items with visible damage must be signed for as damaged before the courier leaves. If you are unsure please contact us on 0161 870 8048 prior to signing. Goods notified to us as damaged after your acceptance or signature for them, will not be covered for refunds.

BlueBroadcaster
C/O Technical Comms Ltd
110 High Street
Newton Le Willows
Merseyside
WA12 9SH

Email: info@bluebroadcaster.com

If returning an item, you must include your customer order details with your package, as we cannot process a refund without these. Once received, the items will be checked and a refund issued within 28 days if a fault that is accepted under our terms is recognised. Items returned must arrive in perfect condition, including the packaging, so please ensure that they are packed well.

We reserve the right to refuse a refund on any item if the above conditions have not been met.
Returns for non-faulty goods cannot be accepted once an item has been unpacked, installed or used in any way.

Please note that we do not offer a free returns service.
We do not refund the return postage cost or the original delivery charge.
We do not accept import duty for international returns.
We do not offer a free collection service.
We do not accept responsibility for items lost or damaged in transit back to us. If returning your purchase by mail we recommend that you get proof of postage.

iSender Bluebroadcaster

License for use of Online Portal and Device

Standard Terms

Please read the following terms carefully before using the devices or accessing the portal.

The following license agreement is incorporated in, and applies to, any agreement between:

(1). TECHNICAL COMMS LIMITED, a company registered in England & Wales under Company Registration Number 08789738 of registered office 110 High Street High Street, Newton-Le-Willows, Merseyside, WA12 9SH (“Technical Comms Ltd”); and;

(2).  the Customer or User (User);

where Technical Comms is making a Licence available to the User and anybody the User authorises to access the Portal and provides a proximity marketing device using Bluetooth and or WiFi.

In these terms the following terms shall have the following meaning:

Intellectual Property Rights means copyright, patents, rights in inventions, rights in confidential information, Know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, semi-conductor chip topography rights, mask works, utility models, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing

Online Portal

The terms and conditions of this Licence apply to Users. All Users must confirm their agreement to this Licence prior to accessing the Portal or using a Device, but in any event, continued use of the Portal and Devices shall be taken as confirmation of agreement with the terms and conditions below as they apply to Users.

For the avoidance of doubt, any party using the Devices or the Portal, or both, or any party that has purchased the Devices (irrespective of whether that party uses the Devices) shall be bound by this Licence and shall perform the obligations and observe the restrictions contained herein to the extent they are relevant to that party.

Changes to these Terms

We periodically review the terms and provisions of this Agreement and Licence to ensure that these accurately reflect our service and the service standards we seek to deliver for you the User. Updated versions of this Agreement and Licence will be posted to this web page, so please check back regularly for changes as these will be binding on you.

Any User who uses a Device that has received a command to the device either via the online portal directly or via USB, will be deemed to have accepted these terms.

Any Device or other product sold by us must only be used with our systems and software. You do not have permission to use a Device or any other product we supply with systems or software from any third party. Any such use shall be deemed a breach of our terms and shall invalidate any warranty in relation to the Device and/or Online Portal. It will also give us the right to pursue the infringement through legal recourse including, without limitation, injunctive proceedings.

I. THE LICENCE

The Online Portal is a campaign management system provided by Technical Comms, which allows Users to update, amend and customise their proximity marketing campaigns.

Technical Comms grants the User a license to use the Online Portal and the Device on the following terms and conditions:

1. Technical Comms owns all rights, including all Intellectual Property Rights, in the Online Portal and the contents of the Online Portal. Where Technical Comms has entered into an arrangement where Technical Comms either owns are has joint ownership of a Device, Technical Comms shall own all rights to all content on the Device and portal.

2. Technical Comms grants the User a non-exclusive, non-transferable (with no right to sub-license), worldwide, royalty-free licence to access the Online Portal and use the Device for the purposes of this Agreement for a term of twelve (12) months, automatically-renewable for further terms of 12 months, subject to the terms and conditions of the Agreement and this Licence.

Fees and Payment Terms

3. Following the expiry of the first 12 months of a device purchase, the User shall be charged a subscription fee for continued access to the Online Portal. This fee shall be the relevant fee set out on our website and shall be payable monthly in advance. Technical Comms shall issue an invoice to the User setting out detailed information in relation to the fee and the payment terms.

4. Technical Comms reserves the right to amend the fee payable at the end of each 12 month period of the Licence.

5. We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply, interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate.

6. Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due, we reserve the right to be paid on an indemnity basis any costs we incur in recovering any monies due to us under this or any other contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with solicitors or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs, credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.

7. If proceedings are issued a minimum contribution of £500 (in addition to the fixed costs of an issue) will be claimed towards any costs incurred with solicitors.

8. The Users employees are permitted to use the Online Portal and the Device. The User will ensure that its employees use the Online Portal and the Device in a manner that is compliant with this Licence and as advised by Technical Comms from time-to-time.

9. The User has no right to, and must not, sub-license, modify, adapt, translate, reproduce, distribute, reverse engineer, decompile or disassemble the Online Portal (or any software or systems used to provide the Online Portal) or the Device. The User must ensure that neither the Online Portal nor the Device, nor their contents (including any databases), are copied, disclosed or made available to any third party.

10. The level of access to the Online Portal granted to the User is at the discretion of Technical Comms, and additional charges may be payable depending on the level of access requested by the User.

11. The User acknowledges and agrees that:

11.1. the Online Portal and its contents are confidential to Technical Comms and its disclosure to or unauthorised access by third parties could cause loss or damage to Technical Comms;

11.2. the User does not acquire any rights to the Online Portal or the Device other than as set out in this Licence;

11.3. the User must ensure that the Online Portal and the Device are not copied, disclosed or supplied to any third party other than the Users employees;

11.4. the User will give prompt notice in writing to Technical Comms of any suspected infringement of any Intellectual Property Rights in the Online Portal or the Device or any of their contents which comes to the User’s attention;

11.5. the User will not attempt to maintain Devices locally. To that end, please note that local (USB) access may be disabled on Devices we supply;

11.6. the User will co-operate with us in the necessary periodic remote maintenance and auditing of the performance of the Device (the frequency to be at the discretion of Technical Comms), including (among other things) patches and updates, for which you will need to ensure that the Device is activated and online ;

11.7. the User will not use the Device :

11.7.1. for any purpose other than proximity marketing services supported by Technical Comms;

11.7.2. in conjunction with systems or software other than those provided by Technical Comms.

12. Technical Comms reserves the right to:

12.1. vary or restrict the functionality of the Device provided for access to the Online Portal;

12.2. (for any reason or no reason) download and/or store all/any data gathered by any device (including, but not limited to, any Device) on our network;

12.3. charge any user for access to our system;

12.4. at any time, refuse service and refuse to supply devices or products to anybody, at any time and for any reason, or no reason.

13. Users understand and acknowledge that in the event a Device is damaged as a result of any unauthorised access to the Device by a User, this will immediately void our (and our manufacturer’s) obligations to Users, and a new Device will need to be ordered at the Users cost.

II. LICENCE AGREEMENT AND LIMITED WARRANTY

14. Permitted Use

The User may use the Online Portal and the Device in accordance with the Permitted Use defined in paragraph 2 of the Schedule below and the restrictions contained in paragraph 3 of the Schedule below AND on the condition that you

use the Online Portal and the Device in connection with no more than 1 (one) Device. If you wish to use the Online Portal on more than 1 (one) Device, you must obtain an additional license for this.

15. Restrictions on Use

You may not and may not permit others to:

15.1. use the Online Portal and the Device other than in accordance with the Permitted use defined in paragraph 2 of the Schedule below;

15.2. breach the restrictions contained in paragraph 3 of the Schedule below;

15.3. use the Online Portal on more than 1 (one) Device at the same time;

15.4. sub-license, assign, rent, lease or transfer access to the Online Portal or the Device, except as may be permitted by this Agreement;

15.5. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Online Portal or the Device except as permitted by law;

15.6. copy the written materials (except as provided by this Agreement) accompanying the Online Portal and the Device;

15.7. adapt, modify, delete or translate the written material accompanying the Online Portal or the Device in any way for any purpose whatsoever;

15.8. vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Online Portal or the Device.

16. Undertakings

You undertake to ensure that, where relevant, prior to use of the Online Portal and the Device by your employees or agents, all such parties are notified of this license and the terms of this Agreement;

17. Disclaimer

17.1. We do not warrant that the Online Portal or the Device will meet your requirements or that their operation will be uninterrupted or error-free. In particular, we draw your attention to the definition of Permitted Use contained in the Schedule below.

17.2. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law.

17.3. This Agreement does not affect your statutory rights.

18. Liability

18.1. Our liability to you for any losses shall not exceed the total amount you originally paid for the Device or access to the Online Portal, whichever is higher

18.2. In no event will we be liable to you for any indirect or consequential damages, or loss of profit, even if we have been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Online Portal and the Device nor for the costs of recovering or replacing such programs or data.

18.3. Nothing in this Agreement limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.

18.4. You acknowledge and agree that the limitations contained in this clause 14 are reasonable in the light of all the circumstances.

19. Termination

19.1. Technical Comms may terminate this Agreement on written notice to you of thirty (30) days. Technical Comms may also terminate this agreement immediately without notice in the event of any breach by the User of any of its terms.

19.2. You may terminate this Agreement on 3 months’ written notice to us at any time after the first 12 months of the Term.

19.3. The restrictions, duties and obligations contained in this Agreement shall not merge and shall continue notwithstanding determination, or expiry of this Agreement.

20. No Waiver

No failure or delay by us in exercising any of our rights under this Licence Agreement shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of this Licence Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

21. Assignment

This Licence Agreement is personal to you. You may not assign, sub-licence or otherwise delegate any of your rights hereunder without our prior written consent.

22. Entire Agreement

22.1. This Agreement contains the entire agreement between us, the Licensor, and you with respect to its subject matter unless otherwise expressly agreed between the parties in writing.

22.2. You acknowledge that, in entering into this Licence Agreement, you do not rely on any representation, warranty or other provision except as expressly provided in this Licence Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

23. Severance

In the event that one or more of the provisions of this Licence Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Licence Agreement. The remainder of this Licence Agreement shall be valid and enforceable.

24. Law and Jurisdiction

24.1. This Licence Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with English law.

24.2. Any dispute, controversy, proceedings or claim relating to this Licence Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales, save that we also reserve the right to seek injunctive or other interim relief against you, as necessary, in your jurisdiction.

25. Licence

I have read and fully understand and agree to be bound by and comply with this Licence Agreement.

SCHEDULE

Permitted Use

1. The Online Portal is a campaign management system that allows Users to amend, edit and customise their BlueTooth or proximity marketing campaigns, as necessary. The User acknowledges that the Online Portal and the Device have been designed and developed for this specific purpose and must not be used for any other purposes.

2. The Online Portal may be used by Users to amend, edit and customise their BlueTooth campaigns, as necessary (the Permitted Uses).

3. It is not permissible for the User to:

3.1. use the Online Portal or the Device for any purpose other than that specified in sub-paragraph 2 above of this Schedule;

3.2. commercially exploit the Device or the Online Portal;

3.3. use the Online Portal or the Device to obtain any form of financial or commercial gain (whether direct or indirect) other than that which might be received as a direct result of responses to the User’s own marketing activity;

3.4. allow usage of the Online Portal or the Device by the Licensees clients or users or anyone other than the User;

3.5. to otherwise sub-licence, transfer, lease, duplicate or copy the Online Portal or the Device (or access thereof);

without our prior written consent (which may be given in our absolute discretion) and for the avoidance of doubt, these restrictions shall apply irrespective of whether or not the usage is for commercial purposes or financial gain.

4. Should you wish to apply for our written consent to use the Online Portal or the Device:

4.1. for any purpose other than the Permitted Use defined in paragraph 2 above; or,

4.2. for one of the purposes in sub-paragraphs 3.2 to 3.4 inclusive above;

you must e-mail us with your request to the email address below.

5. Use of the Online Portal and the Device, its utility, and suitability, are at all times subject to the technical limitations and restrictions set out in any technical specification provided and no warranty as to fitness or suitability is offered or implied.

iSender Bluebroadcaster

License

Standard Terms

Please read the following terms carefully before using the devices.

The following license agreement is incorporated in and applies to, any agreement between:

(1). TECHNICAL COMMS LIMITED, a company registered in England & Wales under Company Registration Number 08789738 of registered office 110 High Street High Street, Newton-Le-Willows, Merseyside, WA12 9SH (“Technical Comms”, and;

(2).  the Customer or User (User);

where Technical Comms is making a Licence available to the User and anybody the User authorises for the use of a proximity marketing device or Bluetooth marketing device (Device) for proximity marketing using Bluetooth.

In these terms the following terms shall have the following meaning:

Intellectual Property Rights means copyright, patents, rights in inventions, rights in confidential information, Know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, semiconductor chip topography rights, mask works, utility models, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing

Online Portal

The terms and conditions of this Licence apply to Users.  All Users must confirm their agreement to this Licence prior to using a Device, but in any event, continued use of the Device shall be taken as confirmation of agreement with the terms and conditions below as they apply to Users.

For the avoidance of doubt, any party using the Devices or the Portal, or both, or any party that has purchased the Devices (irrespective of whether that party uses the Devices) shall be bound by this Licence and shall perform the obligations and observe the restrictions contained herein to the extent they are relevant to that party.

Changes to these Terms

We periodically review the terms and provisions of this Agreement and Licence to ensure that these accurately reflect our service and the service standards we seek to deliver for you, the User. Updated versions of this Agreement and Licence will be posted to this webpage, so please check back regularly for changes as these will be binding on you.

Any User who uses a Device that has received a command directly or via USB will be deemed to have accepted these standard terms.

Any Device or other product sold by us must only be used with our systems and software. You do not have permission to use the Device or any other product we supply with the systems and software of any third party. Any such use shall be deemed a breach of the terms of the license and shall invalidate any warranty in relation to the Device and/or Online Portal. It will also give us the right to pursue the infringement through legal recourse including, without limitation, injunctive proceedings.

I. THE LICENCE

The Online Portal is a campaign management system provided and managed by Technical Comms. The Portal allows Technical Comms to update, amend and customise Bluetooth & Wifi campaigns on your behalf.

Technical Comms grants the User a license to use the Device on the following terms and conditions:

1. Technical Comms owns all rights, including all Intellectual Property Rights, in the Device.

2. Technical Comms grants the User a non-exclusive, non-transferable (with no right to sub-license), worldwide, royalty-free licence to use the Device for the purposes of this Agreement for a term of twelve (12) months, automatically-renewable for further terms of 12 months, subject to the terms and conditions of the Agreement and this Licence.

Fees and Payment Terms

3. Following the expiry oft he first 12 months of the Licence the User shall be charged a maintenance fee for maintaining the Device and software. The fee shall be the relevant fee set out on the website at the end of the 12 month period and shall be payable monthly in advance. Technical Comms shall issue an invoice tot he User setting out detailed information in relation tot he fee and the payment terms.

4. Technical Comms reserves the right to amend the fee payable at the end of each 12 month period of the Licence.

Late Payments

5. We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply, interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate.

6. Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due, we reserve the right to be paid on an indemnity basis any costs we incur in recovering any monies due to us under this or any other contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with solicitors or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs, credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.

7. If proceedings are issued a minimum contribution of £500 (in addition to the fixed costs of an issue) will be claimed towards any costs incurred with solicitors.

8. The User is not permitted access to the Online Portal.

9. The User has no right to, and must not, sub-license, modify, adapt, translate, reproduce, distribute, reverse engineer, decompile or disassemble the Device (or any software or systems used to support the Device). The User must ensure that the Device and its contents (including any databases) are not copied, disclosed or made available to any third party.

10. The User acknowledges and agrees that:

10.1. the User does not acquire any rights to the Device other than as set out in this Licence;

10.2. the User must ensure that the Device is not copied, disclosed or supplied to any third party other than the Users employees;

10.3. the User will give prompt notice in writing to Technical Comms of any suspected infringement of any Intellectual Property Rights in the Device or any of its contents which comes to the Customers attention;

10.4. the User will not attempt to maintain Devices locally. To that end, please note that local (USB) access may be disabled on Devices we supply;

10.5. the User will co-operate with us in the necessary periodic remote maintenance and auditing of the performance of the Device (the frequency to be at the discretion of Technical Comms), including (among other things) patches and downloads, for which you will need to ensure that the Device is activated and online;

10.6. the User will not use the Device:

10.6.1. for any purpose other than proximity marketing or Bluetooth marketing services supported by Technical Comms;

10.6.2. in conjunction with systems or software other than those provided by Technical Comms.

11. Technical Comms reserves the right to:

11.1. vary or restrict the functionality of the Device provided for access to the Online Portal;

11.2. (for any reason or no reason) download and/or store all/any data gathered by any device (including, but not limited to, any Device) on our network;

11.3. charge any user for access to our system;

11.4. at any time, refuse service and refuse to supply devices or products to anybody, at any time and for any reason, or no reason.

12. Users understand and acknowledge that in the event a Device is damaged as a result of any unauthorised access to the Device by a User, this will immediately void our (and our manufacturer’s) obligations to Users, and a new Device will need to be ordered at the Users cost.

II. LICENCE AGREEMENT AND LIMITED WARRANTY

13. Permitted Use

The User may use the Device in accordance with the Permitted User defined in paragraph 1 of the Schedule below and the restrictions contained in paragraph 2 of the Schedule below.

14. Restrictions on Use

You may not and may not permit others to:

14.1. use the Device other than in accordance with the Permitted Use defined in paragraph 2 of the Schedule below;

14.2. breach the restrictions contained in paragraph 3 of the Schedule below;

14.3. sub-license, assign, rent, lease or transfer access the Device, except as may be permitted by this Agreement;

14.4. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Device except as permitted by law;

14.5. copy the written materials (except as provided by this Agreement) accompanying the Device;

14.6. adapt, modify, delete or translate the written material accompanying the Device in any way for any purpose whatsoever;

14.7. vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Device.

14. Undertakings

You undertake to ensure that, where relevant, prior to use of the Device by your employees or agents, all such parties are notified of this license and the terms of this Agreement;

15. Disclaimer

15.1. We do not warrant that the Device will meet your requirements or that their operation will be uninterrupted or error-free. In particular, we draw your attention to the definition of Permitted Use contained in the Schedule below.

15.2. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law.

15.3. This Agreement does not affect your statutory rights.

16. Liability

16.1. Our liability to you for any losses shall not exceed the total amount you originally paid for the Device.

16.2. In no event will we be liable to you for any indirect or consequential damages, or loss of profit, even if we have been advised of the possibility of such damages.  In particular, we accept no liability for any programs or data made or stored with the Device nor for the costs of recovering or replacing such programs or data.

16.3. Nothing in this Agreement limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.

16.4. You acknowledge and agree that the limitations contained in this clause 14 are reasonable in the light of all the circumstances.

17. Termination

17.1. Technical Comms may terminate this Agreement on written notice to you of thirty (30) days. Technical Comms may also terminate this agreement immediately without notice in the event of any breach by the User of any of its terms.

17.2. You may terminate this Agreement on 3 months’ written notice to us at any time after the first 12 months of the Term.

17.3. The restrictions, duties and obligations contained in this Agreement shall not merge and shall continue notwithstanding determination, or expiry of this Agreement.

18. No Waiver

No failure or delay by us in exercising any of our rights under this Licence Agreement shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of this Licence Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

19. Assignment

This Licence Agreement is personal to you. You may not assign, sub-licence or otherwise delegate any of your rights hereunder without our prior written consent.

20. Entire Agreement

20.1. This Agreement contains the entire agreement between us, the Licensor, and you with respect to its subject matter unless otherwise expressly agreed between the parties in writing.

20.2. You acknowledge that, in entering into this Licence Agreement, you do not rely on any representation, warranty or other provision except as expressly provided in this Licence Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

21. Severance

In the event that one or more of the provisions of this Licence Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Licence Agreement. The remainder of this Licence Agreement shall be valid and enforceable.

22. Law and Jurisdiction

22.1. This Licence Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with English law.

22.2. Any dispute, controversy, proceedings or claim relating to this Licence Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales, save that we also reserve the right to see injunctive or other interim relief against you, as necessary, in your jurisdiction.

23. License

I have read and fully understand and agree to be bound by and comply with this Licence Agreement.

SCHEDULE

Permitted Use

1. The Online Portal is a campaign management system that allows Technical Comms to amend, edit and customise BlueTooth or proximity marketing campaigns on behalf of Users, as necessary. The User acknowledges that the Device has been designed and developed specifically for use with the Online Portal for proximity marketing and Bluetooth marketing and must not be used for any other purposes.

2. It is not permissible for the User to:

2.1. use the Device for any purpose other than that specified in sub-paragraph 2 above of this Schedule;

2.2. commercially exploit the Device;

2.3. use the Device to obtain any form of financial or commercial gain (whether direct or indirect) other than that which might be received as a direct result of responses to the Licensees own marketing activity;

2.4. allow usage of the Device by the Licensees clients or users or anyone other than the Licensee;

2.5. to otherwise sub-licence, transfer, lease, duplicate or copy the Device (or access thereof);

without our prior written consent (which may be given in our absolute discretion) and for the avoidance of doubt, these restrictions shall apply irrespective of whether or not the usage is for commercial purposes or financial gain.

3. Should you wish to apply for our written consent to use the Device:

3.1. for any purpose other than the Permitted Use defined in paragraph 1 above; or,

3.2. for one of the purposes in sub-paragraphs 2.2 to 2.4 inclusive above;

you must e-mail us with your request to the email address below.

4. Use of the Device, its utility and suitability, are at all times subject to the technical limitations and restrictions set out in any technical specification provided and no warranty as to fitness or suitability is offered or implied.

Should you have any questions concerning this agreement you may contact us at info@bluebroadcaster.com