General Terms & Conditions

Welcome to the Bluetooth Wizard website. By using the Bluetooth Wizard website YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY and all disclaimers, terms and conditions.

These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this website ("Site") (whether accessed by you on the web, by WAP or on a PDA (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Bluetooth Wizard Limited (hereinafter referred to as "we", "us", "our" or "Bluetooth Wizard").

Any reference to "you" and "yours" refers to you, the user of the Service. Bluetooth Wizard Limited registered address is: Bluetooth Wizard Ltd Andromeda House Calleva Park Aldermaston, Berkshire RG7 8AP United Kingdom Our core Service is based in the UK, with subsidiary Services provided throughout the world. Please see our website for details of our Services in other countries. The use of some of the Services may vary according to local Network Service Providers and we advise that you review the local Network Service Provider's web site for details. Your access and use of the Services and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you.

We may change these Terms from time to time, provided such changes are reasonable and where possible we will provide advance notice of major changes to the Service. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms at the time of your access. In case of any changes to these Terms, you should check these Terms each time you use any of the Services. Where a local Network Service Provider, third party service or content provider (Provider) is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.

Your contract with us begins when viewing, accessing or using any Service offered by us which does or does not require registration. We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services. In addition to these General Terms, there may be additional Terms and Conditions which apply to individual Services which you will be required to accept when registering for that Service. If you have any enquiries or problems concerning this Service, please contact us using the email contact form. The information displayed on this website, including prices, does not constitute an offer to contract or enter into an agreement. When you send an order by means of this website for goods and/or Services, your order shall constitute an offer for the goods and/or Services selected. We shall send you an email confirming your order to the email address supplied with your order. Acceptance of your order shall only take place when your credit card or debit card is debited. Until then, we reserve the right to decline the order.

No binding contract is created until your order has been accepted. Any contracts or agreements formed between you and us by means of this website shall be governed and construed according to English law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the English court. To order goods and/or Services from this website you must be 18 years of age or over. Any offers of sale presented on this website or other Provider's website are only intended for individuals who are 18 years of age or older.

By purchasing items from this website, you affirm that you are 18 years of age or older. Payment can be made by any major credit or debit card and you confirm that the card used by you to purchase goods and Services from us is yours or if not yours, that you have authority to use the card from the registered cardholder. All goods and/or services displayed on this website are subject to availability. All prices include local taxes (but exclude delivery charges). We shall not be liable to any person for any loss or damage which may arise from the use of any information contained in any of the materials on this website. We try to update this website as frequently as possible. You must ensure that, prior to placing an order, you have checked all relevant details about the goods and/or services you have selected as their relevant details may have changed since you last visited this website. The images contained on our website are for guidance only and actual products may differ slightly from those shown.

Bluetooth Wizard and its suppliers reserve the right to improve products and their specification without prior notice. For security purposes your Bluetooth Wizard mobile connected device ordered from the Bluetooth Wizard online shop will be dispatched to customers with an access bar lifted place. If you purchased the goods as a consumer as opposed to for business use, you have the right to cancel this contract. To do so you must contact us within 7 days of receipt of the goods by: Email: returns@bluetooth-wizard.com You must then return the goods, in line with our 30 day return guarantee to the following address: Bluetooth Wizard Limited Unit 4 Church Farm Church Lane, Eversley, Hampshire United Kingdom RG27 0PX.

We may charge you for our costs of recovering goods not returned to us directly. Our 30-day returns guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item. We can only accept the return of opened items if they are faulty. Please note that we reserve the right to send back items to you that have been returned to us after 30 days unless they are faulty. When buying or registering for the online Service you agree to provide true, accurate, current and complete information in all fields indicated as mandatory. Following purchase for the online Service, you will provided a unique customer number, User Name and Password which will allow you to login to the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your user name and password. It is your responsibility to ensure the security of your password that you use to access the Service.

Your account is to be used by a single user only and you will not allow simultaneous access using your password. You acknowledge that you are responsible for ensuring that no unauthorised access to the Service is obtained using your password and that you are liable for all such activities conducted through your account whether authorised or not. A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you. In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error. We reserve the right to change your password and user name at any time in our sole and absolute discretion and we will notify you of any changes by using the contact details that you have provided to us. You agree to notify us immediately of any changes to or mistakes in your registration details by amending as directed after login. For certain Services you may be required to choose a one or more user names and a passwords.

For any of the Services: the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and if we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you. All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, sound, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved. We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner. If you are a registered Bluetooth Wizard customer, you may login to the website. Login will enable you to review and use the Services.

Our Services enables you to manage and download Content to any Bluetooth connected device and you must comply with the following conditions. Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons: (a) you have provided incorrect information; (b) any of your chosen message boxes are full and cannot receive additional messages; (c) bluetooth enabled devices are switched off, out of range, disabled or for some other reason cannot be reached; or (d) any other reason outside our reasonable control. We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you with for the storage of content files or other information, but we have no obligation to store any such materials for you and will not be responsible if stored information is lost or deleted. We recommend that you duplicate any data that you wish to keep in a secure storage facility. Whilst we will use our reasonable efforts to ensure that messages, pictures, and other data communications are sent correctly to Bluetooth enabled recipients, we are not responsible for the delivery of these messages, pictures, and other data communications over third party Providers' networks and we do not warrant and shall not be liable for any delay or failure to any data communications or the quality of the materials received. You accept and agree that messages, pictures and other data communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on our Services and we shall not be responsible or liable for such acts.

We reserve the right to suspend or terminate any account that you have registered for where we believe, in our sole and absolute discretion, that your account or storage facility is being used to send any messages, files, pictures or data communications which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. The Service is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms. You recognise that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, services provided by the Network Service Providers. We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.

The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service. Accordingly, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to: your use of, reliance upon or inability to use our Service and/or Content; the deletion with or without notice or cause of any of your data or information stored on the Service; any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms. If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service, or where you have paid us for any element of the Service, to seek a pro-rata refund (subject to the Terms of the particular element of the Service) for the cost of that element of the Service which has caused dissatisfaction.

You will not be entitled to a refund where we have suspended or terminated your access to the Service as a result of breach of these Terms by you. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these Terms affects the statutory rights of the consumer. You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We are unable to ensure the security of your communications as they pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your device.

These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service. You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense. You accept that you will be liable to Bluetooth Wizard if you are in breach of these terms or allow others to use the Service in breach of these terms. It is your sole responsibility to satisfy yourself prior to using the Service in any way that it is suitable for your purposes and up to date. You should refresh your browser each time you visit the Service to ensure that you download the most up to date version of the Service.

We may delay enforcing our rights under these Terms without losing them. You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice. You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms. We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control including, but not limited to, Acts of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Bluetooth Wizard is not responsible. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.

These Terms (and, where applicable, the relevant additional terms that you accept as part of the using the online Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty.

Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud. Bluetooth Wizard reserves the right at all times to disclose any information as Bluetooth Wizard deems necessary to satisfy any applicable law, regulation, legal process or governmental request. These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts. Page 7 of 7 BTW General T&C's Version 1.0 Dated 14 November 2009