Protect My Phone Terms & Conditions
Protect My Phone Terms & Conditions
Applicable to any purchase of services through the ProtectMyPhone.com website or from a retail distributor.
For Warranty Terms & Conditions
For TagMyPhone Terms & Conditions
Contents
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1. What is Protect My Phone and Protect My Phone+?
2. What are these Terms and Conditions?
3. Definitions
4. Acceptance of Terms and Conditions
5. Signing-up for the Services
6. Protect My Phone Liability
7. Your conduct
8. Our rights
9. Promotions and promotional codes
10. Intellectual Property
11. Security
12. Electronic Communications
13. Privacy
14. Indemnity
15. Disputes
16. Termination
17. General
1. What is Protect My Phone and ProtectMyPhone.com?
Protect My Phone distributes ROKSOLID Liquid Glass Ceramic Coating to protect the screens of your devices & TagMyPhone the phone protection app.
2. What are these Terms and Conditions?
These Terms and Conditions set out the terms on which Protect My Phone provides its Services to You and on which You agree to use the Services. Capitalized terms used in these Terms and Conditions have the meanings given in the “Definitions” section below. You should review these Terms and Conditions carefully and make sure that You understand them before using the ProtectMyPhone.com website and signing up for the Services. If You do not agree to these Terms and Conditions, You may not subscribe for, or use, the Services or the website.
3. Definitions
“Protect My Phone” is owned by ProtectMyPhone, LLC. ProtectMyPhone LLC 3015 Coconut Grove Drive Coral Gables, FL 33134, USA or by sending an email to contact@protectmyphone.com. Email delivery is not always reliable and You should not assume an email was received unless You receive an acknowledgement. If you cannot contact ProtectMyPhone by email, you can send a certified letter to ProtectMyPhone at the above address.
“Registered User” means a user who has subscribed for the Services. Registered Users agree to these Terms and Conditions by making a purchase through this website or a 3rd party provider or using the Website.
“Services” means all the services provided by Protect My Phone as set out in these Terms and Conditions.
“Terms and Conditions” means these terms.
“Your” and “You” means a user of the Website or a person reading these Terms and Conditions who is considering becoming a Registered User, or a user of the Website.
“Website” means the website on which these Terms and Conditions are displayed.
4. Acceptance of Terms and Conditions
4.1 You may agree to be bound by these Terms of Conditions by becoming a Registered User (by purchase), by using the Website. These Terms and Conditions are a binding legal agreement. If you do not accept and agree to be bound by these Terms and Conditions, you must not subscribe to the Services or use the Website.
4.2 Protect My Phone, may modify these Terms and Conditions from time to time. If You are a Registered User, Protect My Phone will notify You of any changes to these Terms and Conditions by emailing You at the email address entered by You when subscribing for the Services. If You are not a Registered User, you should monitor the Website to determine if these Terms and Conditions have changed. These Terms and Conditions include an effective date below. If that date changes, it means that a new revision of these Terms and Conditions has gone into effect. By continuing to use the, Website, the Services after changes to these Terms and Conditions are made, You agree to be bound by such changes.
4.3 You can review the most current version of our Terms and Conditions at any time by clicking on the link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
5. Signing-up for the Services
5.1 When you sign-up for the Services in the manner set out in this paragraph, you become a Registered User.
5.2 To subscribe, You must complete a purchase of a Protect My Phone pack. Amongst other standard sign-up information, the registration form requires You to provide your email address. This is so that Protect My Phone can allow you to manage your account. Other information collected during the sign up process may or may not include payment information and any applicable promotional offers or discount codes that are available to You. Promotions and discounts are offered at Protect My Phone’s sole discretion, can be cancelled at any time, and may have other terms or conditions that must be satisfied by You before they can be used.
5.3 Once You have registered for the Services, You will receive an email confirmation of Your order. You must apply the ROKSOLID liquid glass by following the instructions included in your pack. Failure to do so will invalidate the effectiveness of your protection and ROKSOLID’s ability to fortify your glass.
6. Protect My Phone Liability
6.1 PROTECT MY PHONE PROVIDES THE SERVICES AND THE WEBSITE "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. PROTECT MY PHONE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
6.2 Protect My Phone assumes no liability or responsibility for:
(a) any errors or omissions in the Website;
(b) any failures, delays or interruptions of the Services or the Website; or
(c) any losses or damages arising from the use of the Services or the Website.
6.3 Protect My Phone reserves the right to provide the Website and the Services in its sole and absolute discretion, save that Protect My Phone will use commercially reasonable efforts to avoid cessation or interruption of the Website or the Services during the term of any subscription for the Services except as required by law or as deemed reasonably necessary by Protect My Phone in its sole discretion to mitigate liability or damages.
6.4 In no event shall Protect My Phone its shareholders, directors, officers, employees, agents, partners or affiliates be liable (jointly or severally) to You or any third party for loss of use or any special, incidental, indirect or consequential damages whatsoever arising out of or in connection with these Terms and Conditions, the Website or the Services or any failure or delay in delivery of any product or service, on any theory of liability, and whether or not advised of the possibility of damage.
6.5 Purchasing a Protect My Phone pack does not mean that Your devices will not be lost, damaged or stolen or that (if they are lost, or stolen) they will be returned to You. In the event that Your devices are not returned to You, You will not be entitled to a refund or to any reimbursement or compensation. ROKSOLID liquid glass will fortify the screen of your device but Protect My Phone does not guarantee that your device will not crack under extreme pressure or duress.
6.6 Protect My Phone is neither responsible nor liable for the behavior of its users. Protect My Phone shall not be liable in the event that any user harasses, offends or acts in an unlawful or unpleasant manner towards You (whether or not You have followed the guidance herein).
6.7 Certain jurisdictions do not permit certain limitations of liability or damages, so some of the limitations in these Terms and Conditions may not apply to You. In particular, Protect My Phone does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Protect My Phone. But Protect My Phone do otherwise seek to otherwise limit its liability, and that of its owners, officers, employees and affiliates, to the maximum extent permitted under applicable law.
6.8 If any applicable authority holds any portion of these Terms and Conditions to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
6.9 From time to time You may use or access services, promotions and websites of third parties through links displayed on the Website. Protect My Phone does not operate and is not responsible for any such third party websites or services (including payment services) and You use them at your own risk. You also agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
7. Your conduct
7.1 In using the Website and the Services, You agree and undertake to:
(a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password;
(b) comply with these Terms and Conditions at all times;
(c) not use or attempt to use the Website, the Service or any equipment or software of Protect My Phone or its service providers to send unsolicited email communications;
(d) comply with all applicable laws at all times in connection with your use of the Website and the Services; and
(e) act at all times in a courteous and polite manner with other users.
7.2 You further agree not to:
(a) interfere with the servers or networks connected to the Website or used to provide the Services or to violate any of the procedures, policies or regulations of networks connected to the Website or used to provide the Services, including without limitation these Terms and Conditions;
(b) upload, post, e-mail or otherwise send or transmit any obscene or pornographic material or any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy, monitor or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website or the Services or any users thereof;
(c) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or the Services to any third party, or jeopardize the correct functioning of the Website or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website or the Services;
(d) attempt to gain access to secured portions of the Website or the Services to which You do not possess access rights;
(e) impersonate any other person while using the Website or the Services;
(f) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or the Services;
(g) resell or export the software associated with the Website or the Services;
(h) use the Website or the Services or any hardware or software used to provide the Website or the Services to generate unsolicited advertisements or spam; or
(i) use any automatic or manual process to search or harvest information from the Website or the Services, or to interfere in any way with the proper functioning of the Website or the Services.
8. Our rights
In providing You with access to the Website and in providing the Services, Protect My Phone reserves the following rights, and in accessing, browsing or otherwise using the Website and/or registering for the Services You grant to Protect My Phone and agree that it shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website and the Services and to cancel Your registration in accordance with any applicable laws at any time (with or without notice) if in Protect My Phone’s sole and absolute discretion You violate or breach any of these Terms and Conditions or attempt to perform, or perform, any illegal act with, through or in connection with Your use of the Website or the Services;
(b) the right to amend or update the Services, the Website, prices of its services, billing methods or these Terms and Conditions from time to time;
(c) the right to report You or any other person to the police or other judicial body if Protect My Phone believes in its sole and absolute discretion that Your conduct (or that of any other person) whether in using the Website, subscribing for the Services or otherwise is or may be unlawful.
9. Promotions and promotional codes
9.1 Protect My Phone may from time to time offer promotions, discounts and free services.
9.2 In such circumstances, You will be required to become a Registered User in accordance with these Terms and Conditions and will be asked to enter either:
(a) a number or code container a promotional code that will instruct the Website to automatically apply the appropriate offer or discount to Your account; or
(b) a unique printed promotional code which will instruct the Website to automatically apply the appropriate offer or discount to Your account.
10. Intellectual Property
10.1 Protect My Phone and/or its suppliers and licensor(s) are the owners of the Website and the technology utilized to provide the Services, and all related intellectual property, which includes any software, domains, and content made available through the Website.
10.2 The Protect My Phone brand (including all registered and unregistered trademarks and services marks utilized by Protect My Phone and the Website are protected by U.S., UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website, or use any trademark or service mark of Protect My Phone, without Protect My Phone's prior express written consent.
10.3 Notwithstanding the foregoing, You may communicate links to the Website and tweet or otherwise communicate information relating to Your use of the Services using social media unless and until Protect My Phone requests that you cease doing so.
10.4 Any unauthorized use of the Website or the Services will result in the immediate and automatic termination of any consent to use or link to the Website or the Services or use any intellectual property of Protect My Phone or its licensors in any manner. Protect My Phone reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
10.5 Protect My Phone and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Protect My Phone. They may not be used without the latter’s prior express written permission.
10.6 All other trademarks not owned by Protect My Phone that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the companies.
11. Security
11.1 Whilst Protect My Phone has used commercially reasonable efforts to implement reasonable technical and organizational measures to secure Your personal information from unauthorized access or use, it cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk and that You will cooperate with Protect My Phone in the event of any breach of such measures.
11.2 When You register for the Services on ProtectMyPhone.com, You do not need to provide Your bank account and card details to Protect My Phone as the service is entirely included as part of your Protect My Phone product purchase. These details are not held by Protect My Phone and are provided through a secure 3rd party payment processor.
12. Electronic Communications
By downloading and/or using the Website and/or subscribing for the Services, You consent to receiving electronic communications and notices from Protect My Phone. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. Privacy
13.1 You provide us with information when You subscribe for the Services. Protect My Phone endeavors to collect only the minimum information required for Protect My Phone to provide the Services and to effectively communication with its Registered Users.
13.2 In addition to the information Protect My Phone collects when You subscribe for the Services, Protect My Phone also collects information relating to Your usage and purchase history, Your activities and Your use of the Website.
13.3 Any information that You submit or that Protect My Phone collects when You are using the Website or otherwise in relation to Your use of the Services, is subject to the Protect My Phone Privacy Policy which can be found at http://www.protectmyphone.com/privacy-policy.html
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13.4 Protect My Phone is not intended to be used by any person under 18 years of age. By registering for the Services, You warrant and represent that you are an adult and are legally permitted and capable of agreeing to these Terms and Conditions.
14. Indemnity
You agree to indemnify and hold Protect My Phone and its related companies, and each of their respective shareholders, directors, officers, employees, affiliates, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party. To the extent this Paragraph 23 is inconsistent in any way with any other provision of these Terms and Conditions, this Paragraph 23 and such other provision will be interpreted together to provide the maximum protection to Protect My Phone permitted under applicable law.
15. Disputes
15.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Protect My Phone’s advertising or any related transaction between You and Protect My Phone shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.
15.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach thereof will be finally resolved by arbitration exclusively (i) administered by the International Center for Dispute Resolution (the “ICDR”) and (ii) under the Commercial Arbitration Rules of the ICDR, (the “ICDR Rules”). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one unless the parties to a particular dispute subsequently agree in writing that three arbitrators shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICDR Rules and this Agreement. If the parties mutually agree to appoint three arbitrators, then each party shall nominate an arbitrator and the two arbitrators nominated by the parties to the arbitration in accordance with the ICDR Rules shall agree on a third neutral arbitrator, who shall serve as chairman of the arbitral tribunal. If the arbitrators fail to agree on a third arbitrator within fifteen (15) business days, the third arbitrator shall be appointed by the ICDR. The place of arbitration shall be Miami, Florida USA. The arbitration proceedings shall be conducted in English. Any award of the arbitral tribunal shall be final and binding on the parties to the arbitration and judgment thereon may be entered in any court of competent jurisdiction, and application may be made to any court of competent jurisdiction for injunctive or other relief in aid of such arbitration and for judicial recognition of the award and an order of enforcement. The Parties hereby waive any right to appeal from any award to the extent allowed by applicable law and agree that UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is applicable to the enforcement of any award. The parties further waive, to the extent permitted under applicable law, any right that they may have under any law applicable to this agreement or any party hereto to object to arbitration hereunder on the basis that such an agreement was not entered into after a dispute had arisen. The parties further agree that arbitration under this paragraph shall be the exclusive method for resolving the disputes covered hereby, and no party to these Terms and Conditions will commence any action or proceeding in any court with respect to any such dispute except (i) to enforce this paragraph; (ii) to obtain provisional judicial assistance in aid of arbitration under this paragraph; (iii) to obtain injunctive relief (either permanent or temporary) in aid of any of the provisions of this agreement; or (iv) to enforce an arbitral award made in accordance with this paragraph. Except as may be required by law, neither a party nor any arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
16. Termination
16.1 Protect My Phone may change or discontinue the availability of the Website and/or the Services at any time with a 180 day-notice to its Registered Users.
16.2 Protect My Phone reserves the right to terminate these Terms and Conditions, without prior notice, in the event that You violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against You) or violate any law in connection with Your use of the Website or the Services. In the event of any termination, You will immediately cease use of the Website and Your Services will immediately terminate.
17. General
17.1 These Terms and Conditions are agreed between You, and Protect My Phone. No person shall have any rights under or connection with these Terms and Conditions, including under the Contracts (Rights of Third Parties) Act 1999 or any similar law or regulation in any applicable jurisdiction, to the maximum extent permitted by any applicable law.
17.2 If any arbitrator, arbitration panel, tribunal or court or competent authority decides that any term of these Terms and Conditions invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. To the extent permitted by applicable law, the parties agree that such arbitrator, arbitration panel, tribunal or court may revise such severed term to comply with the intent of the parties under this agreement and may enforce such term as revised.
17.3 Protect My Phone reserves the right to charge interest on any late payments at the rate of 7% per annum above Libor or the maximum rate permitted by applicable law, whichever is less. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
17.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
17.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
17.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
17.7 These Terms and Conditions set forth the entire understanding and agreement between You and Protect My Phone with respect to the subject matter hereof.