Please read these terms and conditions carefully, they contain important information about your rights and obligations in accessing and using www.wordtracker.com ("our website").
These terms and conditions govern the supply of a service (the "Service") by Wordtracker LLP (Reg No: OC346796) with registered address of Kemp House, 152 - 160 City Road, London EC1V 2NX ("Wordtracker", "we" or "us") to you.
By checking the box you confirm that you have read and understand the terms and conditions and agree to be legally bound by these terms and conditions as they are amended and posted on our website from time to time.
1. Prices and payment
Prices charged are as shown on the website in US dollars. We may change the price of the Service before you place an order for a subscription or renew a subscription.
For EU customers, VAT will be applied at the prevailing rate.
You may only create or maintain one Service Account and you agree that the operation of your Service Account is exclusive to you. Furthermore you agree that only you will receive the Services via your Service Account.
Any losses incurred or sustained by you when transmitting information by means of email or other Internet link shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by Wordtracker.
We shall automatically renew your subscription to the Service at the end of the current subscription term at the price set out on your order or as notified to you, using the credit or debit card details supplied by you for your initial order in accordance with Clause 3 below.
As soon as your initial or renewed subscription commences we shall take payment from you, using the payment details supplied by you. In the event that, for whatever reason, it is not possible for payment to be made when requested by us, then we shall inform you immediately. You shall have seven (7) days from the time on which the notification of the corrected payment is sent to you by us in which to provide us with cleared funds and correct payment details during which time it will be possible for you to use the Services. If we do not receive cleared funds and your payment details within that seven (7) day period then your access to the Services will be denied until such payment is made in full and you provide us with proper payment details.
2. Accessing the service
You are only permitted to use this service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools.
Wordtracker reserves the right to limit the number of searches you may make on the Service (the "Usage Limit"). The Usage Limit will be set at Wordtracker's sole discretion and may change from time to time.
All Services are covered by our thirty (30) day money-back guarantee. If, for any reason, you are not completely satisfied please notify us within thirty (30) days from receiving your login details for a full refund.
4. Cancelling the subscription
You may cancel your subscription for any Service you have purchased from us, for any reason (including if you simply change your mind) by giving us notice that you no longer wish to subscribe to the Service within 30 days of your receipt of your login details at any time during your initial subscription.
You can cancel at any time prior to the date on which the next Automatic Subscription Renewal payment is to be taken, and you shall not be eligible to receive any refund for any renewal subscription payment that has already been made.
In relation to the purchase of Services, we accept no liability for any indirect or consequential loss or damages or for any loss of data, profit, anticipated savings, revenue or business (whether direct or indirect), howsoever caused, even if foreseeable.
We do not accept liability (except where we have been negligent) where you suffer loss or damage as a result of the viewing, use or access of, or inability to use or access, or performance of our website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of Wordtracker, its servants, agents or any other person.
If we are liable to you for any reason, our liability is limited to the amount paid by you for the Service(s) concerned. Notwithstanding anything in these terms and conditions, we do not exclude or limit our liability for death or personal injury caused by our negligence.
We make no warranties, express or implied, that making the Service(s) available in any jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Service(s) or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Service(s) are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Service(s). We accept no liability for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Service(s) by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available from our website will be free from infection, viruses and or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
6. Force majeure
We accept no liability for any failure or delay in supply or delivery or for any damage or defect to Service(s) supplied or delivered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
7. Copyright and trade marks
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Wordtracker LLP or its licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.
You may download material from our website for the sole purpose of placing an order with us. However you may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means and in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written approval, except where expressly invited to do so, for example in order to complete any test or questionnaire.
We reserve the right to alter, suspend or discontinue any aspect of our website or the Services available through it, including your access to it, without notice to you. Unless explicitly stated any new features, including new content and Services shall be subject to these terms and conditions.
If any modification of the Service is unacceptable to you, your only recourse is to terminate the relevant Agreement. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.
9. Law and jurisdiciton
Use of our website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.
We may assign, novate or sub-contract any or all of our rights or obligations under these terms and conditions at any time.
These terms and conditions constitute the entire agreement between you and Wordtracker regarding your use of the website or purchasing of Service(s) and supersedes any prior understandings or agreements regarding your use of the website or purchasing of Service(s).
Notices shall be given to us via email at firstname.lastname@example.org or to you at either the email or postal address you provided to us during the ordering or registration process.
You are solely responsible in all respects for all use of and for protecting the confidentiality of login details that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
12. Information you provide
You authorise us to use, store or otherwise process any personal information that relates to and identifies you, including but not limited to your postal address, e-mail address, telephone number and your credit or debit card number and expiry date or bank account details to the extent reasonably necessary to provide the Service(s) that are available through our website to you by us or our sub-contractors.
By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.