Terms and Conditions

Online report services and digital content

terms and conditions

1.General Terms

(1.1) These are the terms and conditions by which you the ‘‘client’’ will receive a service by us Hack Check Now ’’HCN’’ and shall collectively be referred to as the ‘’parties’’.

(1.2) Please read these terms and conditions carefully before submitting an order. These terms inform our clients about HCN, what services we provide, how both parties may change or end the contract, what to do if there is a problem and other relevant important information.

(1.3) In some areas the client will have different rights under these terms depending on whether the client is a business entity or consumer. You are a consumer if:

(a) The client is an individual.
(b) The client is buying products from HCN wholly or mainly for personal use (not for use in connection with their trade, business, craft or profession).

(1.4) If the client is a business customer these terms constitute the entire agreement between HCN in relation to the purchase. The client acknowledges that they have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of HCN which is not set out in these terms and that the client shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2.INFORMATION ABOUT HCN AND HOW TO CONTACT US

(2.1) HCN is a subsidiary company of Cell Guard Technologies Ltd. incorporated and registered in England and Wales. With company number 11999836 and whose registered office is One Mayfair Place, Devonshire House, W1J 8AJ London, United Kingdom. Our registered VAT number is GB221037462.

(2.2) For general enquiries of if any condition in this License requires the client to give HCN notice in writing, the client can contact HCN at contact@hackchecknow.com

(2.3) If staff at HCN need to contact the client, they will do so by telephone or by writing to the email address at the time of placing the order.

3. OUR CONTRACT WITH YOU

(3.1) Our acceptance of a client’s order will take place when we email the client to accept it, at which point a contract will come into existence between the client and HCN where the client accepts these terms and our privacy policy.

(3.2) If we are unable to accept a client’s order, we will inform the client of this in writing and we will not charge the client for the product and refund the payment. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline the client has specified.

(3.3) We will assign an invoice number or order number for each client. The client will be notified about this number when we accept the order. It will help us if the client can quote this number whenever they contact us about their order.

4.our product

(4.1) The company, via a team of experts offers a detailed diagnostic report within 72 hours (after installing the Hack Check Now app) providing detailed information verifying if your mobile phone has been hacked and what (if any) information has been compromised.

(4.2) In case a phone is hacked then a forensics report with an accompanying letter will be send to the client which is included in the total price of 250 USD and can be used for any court or legal proceedings.

5.your rights to make changes

(5.1) If the client wishes to make a change to the product ordered please contact HCN. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead with the change.

6.our rights to make changes

(6.1)We may change the product:

(a) To reflect changes in relevant laws and regulatory requirements. This may result in a change to the timescales that can be expected to receive the report and/or service and the exact specifications of the report and/or service. We will notify you of these changes should they occur.

(b) To implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect the functionality of the product.

(6.2) In addition, as informed in the description of the report on our website and on our marketing materials, we may make the following changes to these terms or the report, but if we do so we will notify the client who may then contact HCN to end the contract before the changes take effect and receive a refund for any products/services paid for but not received.

7.providing the report

(7.1) The costs of the Diagnostic Report delivery are not applicable. This is included in order fee.

(7.2) During the order process HCN will inform the client when to expect to receive the final Diagnostic Report. HCN will begin the services on the date agreed with the client during the order process. The estimated completion date for the services rendered will be the one shared by HCN with the client during the order process.

(7.3) If delivery of the Software application is delayed due to events outside the control of HCN the client will be contacted immediately about steps HCN will take to minimise the effect of the delay. Provided HCN does this, HCN will not be held liable for delays caused by the event.

(7.4) If the client does not allow HCN access to their mobile phone to perform the services as agreed (with no valid reason for this) HCN may charge additional costs incurred as a result. If, despite all reasonable efforts, HCN are still unable to contact the client or re-arrange access to their phone, HCN will end the contract without a refund.

(7.5) The client will receive a full diagnostic report within 3 days once HCN have received payment in full. This is subject to the software application running for a total of 72 hours (uninterrupted) which is the time needed by the experts at HCN to complete the job.

(7.6) HCN may need certain information from the client to supply the online report. We will contact the client in writing or by phone to ask for this information. If the client does not give HCN this information within a reasonable time of us asking for it, or if the client provides incomplete or incorrect information, HCN may either end the contract or add an additional charge of a reasonable sum to compensate HCN for any extra work that is required as a result. HCN will not be responsible for supplying the diagnostic report late if this is caused by the client not giving the information needed within a reasonable time of being asked for it.

(7.7) HCN may have to suspend the supply of the product to:

(a) Deal with technical problems or make minor technical changes;

(b) Update the product to reflect changes in relevant laws and regulatory requirements;

(c) Make changes as requested by the client or notified by HCN to the client.

(7.8) HCN will contact the client in advance to confirm if HCN will be suspending supply of the product, unless the problem is urgent or an emergency.

8.your rights to end the contract

(8.1) The client’s rights when they choose to end the contract will depend on whether there is anything wrong with the product, how HCN are performing, when the client decided to end the contract and whether the client is a consumer or business customer:

(a) If what the client has bought is faulty or misdescribed the client may have a legal right to end the contract (or to get the report replaced or a service re-performed or to get some or all of their money back)

(b) If the client wants to end the contract because of something HCN has done or has told the client they are going to do, see Clause 8.2;

(8.2) If a client ends a contract for reasons highlighted in points (a) to (b) the contract will end immediately and HCN will refund the client in full for any products which have not been provided. The reasons are:

(a) HCN have told the client about an upcoming change to the product or these terms which the client does not agree to (see Clause 6.2);

(b) HCN have told the client about an error in the price or description of the product ordered and the client does not wish to proceed;

(c) There is a risk that delivery of the Diagnostic Report may be significantly delayed because of events outside HCN’s control;

(d) HCN have suspended supply of the Software application for technical reasons, or have notified the client they are going to suspend them for technical reasons; or

(e) The client has a legal right to end the contract because of something HCN has done wrong.

(8.3) Ending the contract without a valid reason will not be accepted.

9.price and payment

(9.1) The price of the product (inclusive of VAT) will be the price indicated on the order page when an order is placed. HCN takes all reasonable care to ensure that the price of the product advised to the client is correct. However please see Clause 14.3 for what happens if HCN discovers an error in the price of the product ordered by the client.

(9.2) If the rate of VAT changes between the client’s order date and the date HCN supply’s the product, HCN will adjust the rate of VAT to be paid, unless the client has already paid for the product in full before the change in the rate of VAT takes effect.

(9.3) It is always possible that, despite our best efforts, the product HCN sells may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to the client, HCN will contact the client with details before HCN accepts an order. If HCN accepts and processes an order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the client as a mispricing, HCN may end the contract or refund any sums paid.

(9.4) HCN accepts payment by credit card, debit card and PayPal.

(a) The client must pay for the product to complete their order. HCN will charge the client’s debit card, credit card or PayPal account at the final point of order.

(9.5) If the client is a business customer, all amounts due are to be paid to HCN under these terms in full without any set-off, counterclaim, deduction or withholding.

10. intellectual property rights

(10.1) The Intellectual Property Rights in all materials provided to the client, or otherwise generated during the course of carrying out our Services, shall remain the property of HCN. No report, document or publication produced by HCN (in whatever form) may be reproduced, in whole or in part, without our prior written consent.

11. confidentiality and publicity

(11.1) HCN will keep all information confidential (whether provided orally, in writing or in any other form) by the client. HCN will, however, be free to use any skill, know-how or methodologies employed when performing all services required to complete all tasks as agreed by both parties.

(11.2) The client will keep all information confidential, with regards to any know-how, methodologies or technologies used by HCN to carry out the services requested and agreed to by both parties.

(11.3) All services, products, advice and electronic downloads etc. provided by HCN to the client are provided solely for the client’s use and for the specific purposes. Save as expressly agreed to the contrary with HCN, they should not be disclosed or provided in whole or in part to any third party without our prior written consent. In the absence of such consent and an express assumption of responsibility, no responsibility whatsoever is accepted by HCN for any consequences arising from any reliance upon our work by any person other than the client of our products/services etc.

12. data protection

(12.1) Unless the context otherwise requires, words and phrases in this paragraph shall have the meaning given to them by the Data Protection Act 1998 irrespective of the place of residence of any relevant individuals.

(12.2) On the client’s behalf HCN may process any Personal Data (as defined in the Data Protection Act 1998) that has been provided to HCN. Any such processing shall be in accordance with, and subject to the client’s instructions except as described below. HCN will ensure that all appropriate technical and organisational measures are taken to protect any Personal Data supplied by the client to HCN against unauthorised or unlawful processing, accidental loss, destruction or damage.

(12.3) HCN and our Partners (Parent Company or Sub-contractors) may from time to time use the contact details you and your representatives have provided to us to send invitations, marketing materials, updates or other publications that we feel may be of interest and to organise associated events as well as business meetings. Should any individuals not wish to receive marketing communications from HCN and our Partners, please notify HCN accordingly.

(12.4) The client agrees that where necessary they would have obtained any appropriate consents from individuals, in connection with the above-described categories of processing, before providing us with Personal Data. It is also a term of this agreement that any Personal Data supplied by HCN to the client about our employees and/or any third parties may only be used for the express purposes for which that information is provided to the client.

13. our responsibility for loss or damage suffered by you if you are a consumer

(13.1) If HCN fails to comply with these terms, HCN are responsible for loss or damage suffered by the client that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen and was discussed during the sales process.

(13.2) If defective digital content which HCN have supplied damages a device or digital content belonging to the client and this is caused by our failure to use reasonable care and skill, HCN will either repair the damage or pay the client reasonable compensation. However, HCN will not be liable for damage which the client could have avoided by following advice provided by HCN to apply an update offered to the client free of charge or for damage which was caused by the client failing to correctly follow installation instructions or to have in place the minimum system requirements advised by HCN.

(13.3) If you are a consumer HCN only supply the products to the client for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to the client will be limited as set out in Clause 13.

14. our responsibility for loss or damage suffered by you if you are a business

(14.1) Nothing in these terms shall limit or exclude our liability for:

(a) Fraud or fraudulent misrepresentation.

(b) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(c) Defective products under the Consumer Protection Act 1987; or

(d) Any matter in respect of which it would be unlawful for HCN to exclude or restrict liability.

(14.2) Subject to Clause 13.1:

(a) HCN shall not be liable to the client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between both parties; and

(b) HCN’s total liability to the client for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty.

15. how we may use your personal information

(15.1) HCN will use the personal information the client provides as outlined below:

(a) To supply the products to the client;

(b) To process the client’s payment for the product purchased; and

(c) To give the client information about similar products that HCN provide, but the client may stop receiving this at any time by contacting HCN.

(15.2) Where HCN extends credit to the client for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

(15.3) HCN will only give the client’s personal information to other third parties where the law either requires or allows HCN to do so.

16. other important terms

(16.1) We may transfer our rights and obligations under these terms to another organisation. We will always inform the client in writing if this happens and we will ensure that the transfer will not affect the client’s rights under the contract.

(16.2) The client may only transfer their rights or their obligations under this Licence to another person if HCN agree in writing.

(16.3) This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

(16.4) Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

(16.5) If HCN do not insist immediately that the client does anything they are required to do under these terms, or if HCN delay in taking steps against the client in respect of them breaking this contract, this will not prevent HCN taking steps against the client at a later date if needed.

(16.6) There terms are governed by English law and the client can bring legal proceedings in respect of the products in the English courts.

(16.7) Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the client having to go to court. If the client is not happy with how HCN have handled any complaint, the client may want to contact the alternative dispute resolution provider.

17. complaint procedure

(17.1) HCN want to ensure that the client’s affairs are handled in the most efficient way by the team responsible. If the client is dissatisfied with any part of any service please inform HCN via contact@hackchecknow.com

(17.2) The client agrees that they will not take-action or commence any proceedings against HCN without first addressing their complaint to HCN.

18. our members and employees

(18.1) Having regard to our interest in limiting the personal liability and exposure to litigation of our members and employees, the client agrees not to bring any claim of any kind against any of our members or employees personally in relation to the performance of the Services/Software application unless the claim arises from the fraud, dishonesty or illegal acts of that member or employee (but this will not exclude or limit the liability of HCN for the acts or omissions of its members or employees performed within the scope of their authority or contract of employment as the case may be). It is agreed that, where applicable, our members and employees shall have the right to enforce this section pursuant to the Contracts (Rights of Third Parties) Act 1999 (or otherwise).

19. restrictions

(19.1) Except as expressly set out in this Licence or as permitted by any local law, the client undertakes:

(a) Not to copy or distribute the Software application or any documentation provided by HCN

(b) Not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software application nor permit the Software application or any part of it to be combined with, or become incorporated in, any other programs;

(c) Not to de-compile, reverse engineer or create derivative works based on the whole or any part of the Software application.

20. fees

(20.1) The client shall pay HCN the fee of 35 USD (or the equivalent in another currency). The fee is usually payable prior to download of the Software application and the price is usually set out on the HCN website or on a quote provided by HCN directly to the client.

(20.2) The Fee of 35 USD will give the client access to one full Diagnostic Report by 72 hours.

(20.3) The client will receive additional a 500 USD voucher which can be used to buy a Cell Guard encrypted phone on the website of Cell Guard (www.cellguard.tech). This voucher will be valid for 1 year.

21. warranty

(21.1) We warrant that:

(a) The Software application will, when properly used (uninterruptedly for up to 72 hours) on an operating system for which it was designed, perform correctly in accordance with the functions described on our website and information provided to each client after purchasing the product.

(21.2) If, within the expected completion time (totalling 72 hours of continuous or interrupted time frame) until a full diagnostic report is issued, HCN becomes aware of any defect or fault in the Software application resulting in performance/results short falls, HCN will, either repair or replace the Software application. This will be done provided that the client provides proof of purchase and make available all the information that may be necessary to help HCN to remedy the defect or fault.

(21.3) The warranty does not apply:

(a) If the defect or fault in the Software application results from the client having altered or modified the Software application;

(b) If the defect or fault in the Software application results from the client having used the Software application in breach of the terms of this License;

22. termination

(22.1) HCN may terminate this License immediately by written notice to the client if they commit a material or persistent breach of this License which they fail to remedy (if remediable) within 14 days after the service of written notice requiring the client to do so.

(22.2) Upon termination for any reason:

(a) All rights granted to the client under this License shall cease;

(b) The client must cease all activities authorised by this License;

BY PURCHASING THE SOFTWARE APPLICATION TO OBTAIN A FULL DIAGNOSTIC / FORENSICS REPORT YOU AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU.

1. GENERAL TERMS

2. INFORMATION ABOUT HCN AND HOW TO CONTACT US

3. OUR CONTRACT WITH YOU

4. OUR PRODUCT

5. YOUR RIGHTS TO MAKE CHANGES

6. OUR RIGHTS TO MAKE CHANGES