Terms Of Service
“Agreement” means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Service (as defined below).
“User” means you, the Web Site User.
“Disclosed Information” means any and all material disclosed by the User.
“Information” means any and all material contained in the Web Site (as defined below) which is delivered by or on behalf of iOS Centric (a parent company of Reron Enterprises INC.) or any associates thereof.
“Services” means the services provided by iOS Centric by means of its Web Site.
“Web Site” means the iOS Centric web site operated under the domain of http://iOSCentric.com.
2. Ownership of the Website
The Information contained on the Web Site is owned by, licensed or authorized to iOS Centric, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Web Site is owned by iOS Centric or its licensors or its content or technology providers except where otherwise specified.
3. Basics of Use of the Website
The User agrees to the following:-
a. that it is aged 13 or over.
b. that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
c. that it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site at any time;
d. that it shall not use the Information or the Disclosed information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorised by this Agreement;
e. that it shall not use or interfere with the Web site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
f. that it will comply with any reasonable instructions or directions issued by iOS Centric from time to time concerning access to the Services;
g. that it will not post false, inaccurate, misleading, defamatory or abusive content (including personal information);
h. that it shall not use the Web Site, the Information or the Disclosed Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
i. that it shall not use the Web Site to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of iOS Centric;
j. that it shall not run any tools on the Web Site that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
k. that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Web Site, it shall pursue such right, claim or action independently of and without recourse to iOS Centric;
l. that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Web Site shall remain vested in iOS Centric at all times;
m. that it acknowledges that iOS Centric has no obligation to provide the Web Site or any Information or to ensure that the User is able to use, provide and/or access the Information, the Disclosed Information and the Web Site;
n. that it will indemnify and keep indemnified iOS Centric against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information, the Disclosed Information, the Web Site or breach of the User’s obligations under his agreement;.
o. that it will not distribute or post spam, chain letters, or pyramid schemes;
p. that it will not distribute viruses or any other technologies that may harm iOS Centric or the interests or property of iOS Centric’s customers;
q. that it will not harvest or otherwise collect information about users including email addresses, without their consent;
r. that it will not post information to any web site bulletin boards, forums or chat rooms which is unlawful, threatening, harassing, abusive, defamatory or obscene, or any content the publication of which violates the rights of any third party;
s. that if it becomes aware of any activity which is illegal, immoral or which in any way reduces the value of iOS Centric to its users or owners the User will immediately notify iOS Centric by email, telephone, fax or other ways necessary.
4.1 All agreements for the supply of any goods to be purchased by the User from iOS Centric (“Goods”) ordered via the Web Site are made upon and subject to this Agreement so far as they are not inconsistent with any terms on the face of the order and (except for such terms stipulated on the order) to the exclusion of any other terms (including any terms which the User purports to apply under any purchase order or other document).
4.2 Each order completed by the User will be deemed to be an offer to purchase from iOS Centric subject to this Agreement.
4.3 iOS Centric reserves the right to refuse any offer.
5.1 The price for the Goods shall be the price specified on the order. iOS Centric reserves the right to contact the User to inform the User that there has been an error in the price specified for the Goods. The price is payable in Canadian dollars plus any applicable provincial or Canadian taxes.
5.2 Payment shall be due on the date the User’s offer is submitted. Subject to the remaining terms of this Agreement, the User acknowledges that iOS Centric reserves the right to reject the User’s offer if the sums to be paid under this Agreement are not received by iOS Centric in cleared funds on the due date.
5.3 Without prejudice to any other rights or remedy that iOS Centric may have, if the User fails to pay any amount payable by it under this Agreement, iOS Centric may charge the User interest on the amount outstanding. The User shall pay the interest immediately on demand, from the due date up to the date of actual payment at the rate of 1% per month, compounded monthly not in advance, or 12.68% per annum.
5.4 The User will make all payments due to iOS Centric in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
6. Title and Risk
6.1 Title to the Goods shall pass to the User when the Goods have been fully paid for by the User.
6.2 If title to the Goods has not passed to the User by the time of delivery in accordance with clause 6.1, risk in the Goods shall pass to the User at the time of delivery.
7.1 This Agreement may not be cancelled once a User has paid the price of the Goods to iOS Centric.
8. Delivery of Goods to the Customer
8.1 iiOS Centric will arrange for the Goods ordered by the User to be delivered to the email address provided to iOS Centric in the order. The Goods will be delivered in accordance with the User’s preference as specified in the order.
8.2 Any timeframes specified by iOS Centric for delivery of the Goods is intended to be an estimate only, delivery times not being of the essence of this Agreement or any order.
8.3 iOS Centric will not be liable for any non-delivery of Goods (even if caused by iOS Centric’s negligence) unless the User gives written notice of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
8.4 Any liability of iOS Centric for non-delivery of the Goods will be limited to iOS Centric (at its sole discretion) replacing the Goods within a reasonable time or at iOS Centric’s option issuing a credit note on a pro rata basis against any invoice raised for such Goods.
8.5 If for any reason iOS Centric is unable to deliver the Goods on time because the email address provided by the User is cancelled, has a full inbox, redirects iOS Centric’s email to a bulk mail folder, or for any other reason is unable to accept iOS Centric’s email, the Goods shall be deemed to have been delivered.
8.6 If the User is unable to view or access the Goods after they have been delivered, iOS Centric bears no liability whatsoever in the User’s inability to view or access the Goods.
- replace or repair any Goods that are damaged or defective; or
- refund to the User the amount paid by the User for the damaged or defective Goods.
The User acknowledges that it will have no other remedy for any defective or damaged Goods other than as provided for in this clause.
9. Customer Obligations
9.1 The User warrants that all details provided on the order for the purpose of offering to purchase the Goods and entering into this Agreement are correct, and that where the User is using a bank payment card, the User is authorised to use the bank payment card and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods.
10. Exclusion of Liability/Disclaimer
10.1 iOS Centric provides the Services, the Web Site and the Information on an “as is” basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose. The probity of any advertisers and the veracity of any advertisements have not been checked by iOS Centric and any information submitted or any reliance placed on the same is entirely at the risk of the User.
10.2 iOS Centric makes no warranty or representation whatsoever about;
a. the reliability or technical efficiency of the Web Site;
10.3 iOS Centric excludes all liability (to the extent permitted by law) in respect of
a. any advertisements or other web sites which can be accessed via the Web Site;
b. any information provided by third parties which can be accessed via the Web Site or which are contained in the information and the Disclosed Information;
c. any damage to the User, the User’s computer hardware, software or other material or equipment resulting from the user accessing or using the Web Site, the Information or the Disclosed Information.
10.4 iOS Centric exercises no monitoring nor editorial control over any Web Site Bulletin Boards, Forums, Social Media (Twitter, Facebook, Google+ etc.) or Chat Rooms and accepts no responsibility for any views expressed or any other statement made or action taken in connection with such online elements of the Web Site. Notwithstanding the foregoing, iOS Centric reserves the right to remove or edit any message or material for whatever reason. iOS Centric may make changes to the information, text, graphics or other items contained within the Web Site, or to the Goods described therein, at any time without notice. iOS Centric makes no commitment to update these materials.
10.5 The iOS Centric website may contain links to other websites. iOS Centric will not have any liability in connection with any 3rd party sites.
10.6 iOS Centric does not monitor the Web Site but reserves the right to do so. iOS Centric takes no responsibility for material that has not been introduced by us. The User acknowledges that it is solely responsible for the form, content and accuracy of any disclosed information introduced by the User.
10.7 iOS Centric reserve the right to (1) remove material from the Web Site which we had in our sole discretion found objectionable (2) limit use of the Services if we believe it to be excessive and (3) end access to the Services at any time if the User is in breach of these terms.
10.8 The entire financial liability of iOS Centric in respect of breaches of this Agreement or of any other duty to the User or for negligence in connection with the subject matter of this Agreement will be limited to $25.
10.9 In no event will iOS Centric be liable to the User for any of the following however and whenever arising:
- loss of profits; or
- loss of business; or
- loss of revenue; or
- loss of data; or
- loss of goodwill; or
- loss of anticipated savings; or
- any special, indirect, consequential or pure economic loss, damage, costs or expense.
10.10 Lifetime memberships are subject to the longevity of iOS Centric. If iOS Centric ceases business, iOS Centric will not be required to refund its customers.
12. Ownership and Intellectual Property
12.1 The intellectual property rights (including but not limited to copyright and database rights) in this site and in goods are owned by, licensed or authorized to iOS Centric, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Web Site is owned by iOS Centric or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to the User any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
12.3 The User may not remove any product identification, copyright notices or other notices from iOS Centric’s goods, materials or copies of iOS Centric’s materials on this site which the User may have made or printed for the User’s own personal use. For the avoidance of doubt, framing of this site or any part of it is not permitted without express permission. Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.
12.4 Any third-party product or company names and devices, logos, icons, graphics or designs referred to on the pages of the site are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and iOS Centric intends no infringement of such marks.
12.5 All rights not expressly granted are reserved by iOS Centric.
13. Amendments of Terms and Conditions
13.1 iOS Centric reserves the right to vary these Terms and Conditions from time to time. The User’s continued use or access of the Web Site after such variation shall be deemed to confirm the User’s acceptance of any such variation. It is the User’s responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the web site immediately.
13.2 iOS Centric reserves the right to revise or amend the Service at any time or to restrict the User’s access to any aspect of the Service for whatever reason.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.
15.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. No contract is intended to be formed by the User’s use of this site and the User agrees any such formation of contract will not occur without the written consent of iOS Centric. The User herebyagrees that in any contract that is formed by the User’s use of this site the place of performance will be the Province of Alberta, Canada.
15.2 Albertan courts shall have exclusive jurisdiction to determine any dispute relating to the User’s access to and use of the site including any contract arising therefrom. The User is responsible for compliance with any applicable laws of the country from which the User is accessing the site.
The User agrees to indemnify and does hereby indemnify iOS Centric against all costs, expenses (which shall include but not be limited to reasonable legal costs and outlays), losses and damages arising from or incurred as a consequence of any claims or demands arising from or flowing from the User’s breach of these terms.
17.1 Without prejudice to any other rights that iOS Centric may have, iOS Centric may terminate this Agreement if the User is in material breach of a provision of this Agreement and fails to remedy such breach (if capable of remedy) within seven days of having received notice of the breach.
17.2 All sums payable under this Agreement by the User to iOS Centric will become immediately due for payment upon termination.
18. Force Majeure
18.1 Neither party will be liable for any failure or delay in the performance of this Agreement which is caused by circumstances beyond the reasonable control of the defaulting party provided always that the defaulting party uses reasonable endeavours (but without an obligation to incur cost) to minimise the period of disruption caused by the Force Majeure.
18.2 If either party is prevented from performance of its obligations by reason of Force Majeure for a continuous period in excess of 3 months, the other party may terminate this Agreement on service of written notice upon the party so prevented, in which case neither party will have any liability to the other except that rights and liabilities which accrued prior to such termination will continue to subsist.