Terms and conditions

Terms and conditions for Secure PC

You should read these terms and conditions carefully before you agree to receive your selected Secure PC products ("Secure PC") from Tiscali UK Limited, a company registered in England and Wales (company number 3408171) whose registered office is at 20 Broadwick Street, London, W1F 8HT. Please note that "we", "our" and "us" refers to Tiscali UK Limited.

This contract is separate from any other contract which you have entered into with us for other products or services and is only relevant to Secure PC. These terms and conditions, the online registration form and our acceptance shall constitute the contract between you and us for Secure PC.

PLEASE NOTE THAT YOU MUST ENTER INTO A SEPARATE CONTRACT TO USE THE INDIVIDUAL ELEMENTS COMPRISING SECURE PC DIRECTLY WITH THE MANUFACTURER, SYMANTEC CORPORATION ("SYMANTEC END USER LICENCE"). WE CANNOT PROVIDE SECURE PC TO YOU UNLESS YOU DO THIS.

1. Secure PC

1.1 Secure PC is a collection of software products from Symantec intended to help protect your computer from viruses, prevent unauthorised access over the Internet, limit the number of unsolicited emails (SPAM) you receive and prevent pop-ups, amongst other activities and tasks. Full details can be found on the product pages around this mini-site.
1.2 By subscribing to Secure PC, you will be able to select from a range of Symantec products such as Norton Anti-Virus and Norton Internet Security (the "Symantec Software"). The Symantec Software will be provided to you via a download that occurs separately to the process of purchasing the product subscription.
1.3 The availability of these products to you is dependant upon the Tiscali Internet access package that you currently subscribe to. There is a range of subscription tariffs for you to choose from. We make these available to you when you subscribe.

2. Acceptance

2.1 You must compete the on-line registration forms as set out on the Tiscali Website and provide us with valid credit card or visa debit card details from which the charges for the Secure PC can be debited.
2.2 We will only enter into the contract to provide you with Secure PC on the basis that Secure PC is provided pursuant to this contract, that your first payment is received in advance and that you enter into a Symantec End User Licence.
2.3 A contract will be formed only when you receive our acceptance that we will send to the email address that you have provided to us.

3. When the service will start and end

We will provide you with Secure PC from the date on which we notify you that we have accepted your request. We will continue to provide you with the Secure PC pursuant to this contract until it is ended (see "Ending the contract" below).

4. Our charges

4.1 You agree to pay to us the appropriate charge for your use of the Secure PC as is detailed on the Tiscali Website.
4.2 We will collect the first charge from your credit card or visa debit card prior to the Secure PC being provided to you. We will then collect payment from your credit card, visa debit card or bank account periodically depending on the range of subscription tariffs that you have selected.
4.3 If you cancel or change your credit card, visa debit card or bank account details which you use to pay the charges you must inform us immediately.
4.4 If you fail to pay us on time, we may charge you interest on overdue sums at the rate of 4% per annum above the base rate for Barclay's Bank Plc from the date that such sum became due until the date of payment in full.

5. Ending the contract

5.1 You may give us notice to cancel within 7 days of the date of this contract provided you have not downloaded and activated the Symantec Software. If you cancel in this way, this contract shall be treated as null and void and you will be refunded the Charges within 30 days. This is consistent with your rights under the Distance Selling Regulations 2000.
5.2 You may cancel this contract at anytime and for any reason by:
5.2.1 in the case of monthly subscriptions, providing at least 14 day's notice to expire on your next payment date, or
5.2.2 in the case of annual subscriptions, providing at least 30 day's notice to expire on your renewal date.
5.3 We may end this contract or suspend your use of Secure PC immediately if you breach any term of this contract, including the obligation to pay the charges on time or failing to comply with the Symantec End User Licence.
5.4 This contract will end automatically in the event that you no longer have a Tiscali Internet access account.
5.5 On termination of this Agreement you will immediately cease to use Secure PC. We will not provide you with a refund for any sums for any charges that you have already paid.

6. Intellectual Property Rights.

You must at all times strictly comply with the terms of your End User Licence with Symantec.

7. No Warranty

We do not warrant that the Secure PC or the Symantec Software will block all spam mail or viruses and the Secure PC and Symantec Software is provided on an "AS IS" basis. To the fullest extent permitted by applicable law, we disclaim any and all warranties, either express or implied. We do not warrant that the Secure PC or the Symantec Software will meet your specific requirements or will operate without interruption or be error free.

8. Our liability to you

8.1 We will be liable if you are injured or die as a result of our negligence. We do not limit our liability, or any liability we may have to you under Part 1 of the Consumer Protection Act 1987.
8.2 We shall not be liable to you under or in connection with this contract:
8.2.1 for any loss that we could not have reasonably been expected to foresee at the start of the contract;
8.2.2 for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; and/or
8.2.3 any loss or corruption of data.
Our total aggregate liability to you in connection with this contract however it arises shall not exceed £200 in any year of the contract for any one event or series of events.

9. Contacting us

Notices given under this contract must be in writing and may only be delivered by post or e-mail to the following addresses:
(a) to us at the relevant address given on our contacts page located at [url:];
(b) to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to us via the 'My Account' pages.

10. Events Outside of the our reasonable control

We will not be liable to you for any failure to deliver Secure PC or for any breach of contract, where the failure or breach is due to a reason outside of our reasonable control.

11. Changes to this contract

We may change the provisions of the contract between us (including the charges) at any time, provided that we will give you notice of the changes at least 30 days before the change is to take effect at which time you may terminate this Agreement if the change materially and detrimentally affects your use of Secure PC.

12. Other

12.1 This contract represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made between us, whether oral or written.
12.2 This contract does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12.3 You may not assign or transfer any of your rights or obligations under the contract.
12.4 Neither of us shall be considered to have waived any right under this contract due to failure or delay in exercising that right.
12.5 If any part, term or provision of this contract is held to be illegal or unenforceable the validity or enforceability of the remainder of this contract will not be affected.
12.6 The contract between you and us will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the non-exclusive jurisdiction of the English Courts.