Conditions of Use and Sale
Superfi Ltd, Space Data Centres Ltd and/or their affiliates (Superfi Group) provide website features and other products and services to you when you visit or shop at superfi.co.uk (the "website"), use Superfi Group devices, products, or services, use Superfi Group applications for mobile, or use software provided by Superfi Group in connection with any of the foregoing (collectively "Superfi Group Services"). Please see our Privacy Notice and our Cookies Notice to understand how we collect and process your personal information through Superfi Group Services. Superfi Group provides the Superfi Group Services and sells our products to you subject to the conditions set out on this page. Superfi Group is the brand name/ image for Superfi Limited.
Conditions of Use
Please read these conditions carefully before using Superfi Group Services. By using Superfi Group Services, you signify your agreement to be bound by these conditions.
We offer a wide range of Superfi Group Services, and sometimes additional terms may apply. When you use a Superfi Group Service (for example Our website, your devices or Subscriptions), you will also be subject to the terms, guidelines and conditions applicable to that Superfi Group Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
All intellectual Property rights in any products, materials, software or communication are that of In Phase International Ltd and Space Data Centres Ltd and shall remain the sole and exclusive property of Superfi Ltd and Space Data Centres Ltd. You are permitted under this contract the use of our products and services for non-commercial use.
1. ELECTRONIC COMMUNICATIONS
When you use any Superfi Group Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Superfi Group Services, such as our Support Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
2. RECOMMENDATIONS AND PERSONALISATION
As part of the Superfi Group Services, we will recommend features, products, and services, including third party ads that might be of interest to you, identify your preferences, and personalise your experience.
3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Superfi Group Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Superfi Group or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Superfi Group Service is the exclusive property of Superfi Group and is protected by United Kingdom and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Superfi Group Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Superfi Group Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Superfi Group Service (e.g. our prices and product listings) without our express written consent.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Superfi Group Service are trademarks or trade dress of Superfi Group. Superfi Group's trademarks and trade dress may not be used in connection with any product or service that is not Superfi Group's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Superfi Group. All other trademarks not owned by Superfi Group that appear in any Superfi Group Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Superfi Group.
Unsolicited Idea Submissions and Intellectual Property
Please do not submit to us any unsolicited ideas for products, product improvements, product technologies, product names, advertising strategies, slogans, songs, jingles, etc. (“submissions”) regardless of whether you think they are new or old, good or bad, original or unoriginal. Just don't send them, in any form, to us or to any of our employees. The reason for this policy is to avoid potential disputes or misunderstandings regarding intellectual property ownership. In the event that you send us a submission, despite this request that you not send us any submissions, then regardless of anything you say, write or record to the contrary regarding your submission, you agree that: (1) your submission and its contents will automatically become the property of Superfi’s, without any compensation to you; (2) Superfi may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way; (3) there is no obligation for Superfi to review the submission; and (4) there is no obligation for Superfi or any of its employees to keep the submission confidential.
5.LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Superfi Group or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Superfi Group Services. This license does not include any resale or commercial use of any Superfi Group Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Superfi Group Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Superfi Group or its licensor's, suppliers, publishers, rights holders, or other content providers. No Superfi Group Service, nor any part of any Superfi Group Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Superfi Group without our express written consent. You may not use any meta tags or any other "hidden text" utilising Superfi Group's names or trademarks without our express written consent.
You may not misuse the Superfi Group Services. You may use the Superfi Group Services only as permitted by law. The licenses granted by Superfi Group terminate if you do not comply with these Conditions of Use or any Service Terms.
6. YOUR ACCOUNT
You may need your own Superfi Group account to use certain Superfi Group Services, and you may be required to be logged into the account.
If you use any Superfi Group Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the website.
You must not use any Superfi Group Service: (i) in any way that causes, or is likely to cause, any Superfi Group Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant Superfi Group (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.
You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access. We do not reserve the right to publish or remove any reviews, feedback, comments etc.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
8. OUR LIABILITY
We will do our utmost to ensure that availability of the Superfi Group Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Superfi Group Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Superfi Group will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Superfi Group Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
9. APPLICABLE LAW
These Terms and Conditions are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
10. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Superfi Group Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Superfi Group Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
12. OUR CONTACT DETAILS
This website is owned by Superfi Limited and maintained by Space Data Centres Limited.
DB HOUSE, RANI DRIVE, NOTTINGHAM, NG5 1RF, UNTIED KINGDOM
ADDITIONAL SUPERFI GROUP SOFTWARE TERMS
- Use of the Superfi Group Software. You may use Superfi Group Software solely for purposes of enabling you to use and enjoy the Superfi Group Services as provided by Superfi Group, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Superfi Group Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Superfi Group Software or otherwise assign any rights to the Superfi Group Software in whole or in part. You may not use the Superfi Group Software for any illegal purpose. We may cease providing any Superfi Group Software and we may terminate your right to use any Superfi Group Software at any time. Your rights to use the Superfi Group Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Superfi Group Software that are specifically identified in related documentation may apply to that Superfi Group Software (or software incorporated with the Superfi Group Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Superfi Group Service is the property of Superfi Group or its software suppliers and protected by United Kingdom and international copyright laws.
- No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Superfi Group Software, whether in whole or in part, or create any derivative works from or of the Superfi Group Software.
- Updates. In order to keep the Superfi Group Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Transferable Subscriptions. If you have purchased one of our Superfi devices externally to Superfi Group, we will require a registration fee of £19.99 in order to transfer the current subscription that would lay with the existing customer to (you) the new customer.
Conditions of Sale
Please read these conditions carefully before placing an order with Superfi Group. By placing an order with Superfi Group, you signify your agreement to be bound by these conditions.
These Conditions of Sale govern the sale of products by Superfi Group to you. We offer a wide range of Superfi Group Services, and sometimes additional terms may apply. When you use a Superfi Group Service (for example Your Profile, Gift Cards or Superfi Group applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Superfi Group Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
1. OUR CONTRACT
Your order is an offer to Superfi Group to buy the product(s) in your order. When you place an order to purchase a product from Superfi Group, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered.
2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (Superfi Group) of your decision to cancel your order. You may submit your request via phone - 0330 320 8080, email - [email protected] or post - Superfi Returns, DB House, Rani Drive, Nottingham, NG5 1RF, United Kingdom.
For additional information on the scope, content and instructions for the exercise, please contact our Customer Service on 0330 320 8080
EFFECTS OF CANCELLATION
Note that you must send back the goods to the following address, Superfi Returns, DB House, Rani Drive, Nottingham, NG5 1RF, United Kingdom no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
- the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
- the supply of goods made to your specifications or clearly personalised;
- the supply of goods which may deteriorate or expire rapidly;
- a service if Superfi Group has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
All goods must be returned in the original packaging complete with all accessories that was supplied at point of sale. If we do happen to receive items that are damaged or missing accessories and packaging, we do reserve the right to charge the applicable amount for these items.
OUR VOLUNTARY RETURNS GUARANTEE
Without prejudice to your statutory rights, Superfi Group provides you with the following voluntary returns guarantee:
- Subscriptions from Superfi Group for use with physical products can be returned/canceled within 14 days of activation. We only accept cancellations of subscriptions in writing via phone - 0330 320 8080, email - [email protected] or post - Superfi Returns, DB House, Rani Drive, Nottingham, NG5 1RF, United Kingdom.
- Physical products and shrink-wrapped items (this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal) these can be returned within 30 days of receipt in an undamaged condition via post - Superfi Returns, DB House, Rani Drive, Nottingham, NG5 1RF, United Kingdom.
Physical products are to be returned via our "Return a Device" page in the "Your Account" area of the website or by post to Superfi Returns, DB House, Rani Drive, Nottingham, NG5 1RF, United Kingdom. These voluntary returns guarantee does not apply to digital products or software which are not supplied on a tangible medium (e.g. subscriptions).
If you return products according to these voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise, the transport risk and return costs are borne by you. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
3. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. PRODUCT INFORMATION
Unless expressly indicated otherwise, Superfi Group is the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
5. OUR LIABILITY
Superfi Group and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
6. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the United Kingdom (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in United Kingdom or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
7. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
9. OUR CONTACT DETAILS
This website is owned by Superfi Limited and maintained by Space Data Centres Limited.
DB HOUSE, RANI DRIVE, NOTTINGHAM, NG5 1RF, UNTIED KINGDOM
Space Data Centres Ltd
DB HOUSE, RANI DRIVE, NOTTINGHAM, NG5 1RF, UNTIED KINGDOM
Our Conditions of Use and Sale were updated on March 5, 2020.
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