1. Who we are?
1.1. We are Taira Technology Limited, a limited company registered in England and Wales with company number 10882724 and whose registered office is at Suite 23, Fifth Floor, 63/66 Hatton Garden, London, EC1N 8LE.
1.2. We provide products and services to visually impaired individuals that live with different levels of sight loss.
2. Our contract with you
2.1. You can purchase our products and services by sending us an order via the forms available on our Website, via telephone on 03432897501, or via email using our contact form.
2.2. When you send us an Order, you must ensure that the Order includes all products and services you want to purchase.
2.3. As soon as possible after we receive the Order we will contact you via email if an email address is provided, or via telephone if required, to confirm the details of the Order (“Order Confirmation”) and the deadline for you to accept the Order Confirmation.
2.4. When you accept the Order Confirmation, a contract will be formed between us and you for the supply of the products and services included in the Order Confirmation in accordance with these Terms and Conditions of Sale and the Order Confirmation (“Contract”).
2.5. When you access our Website, our Website Terms and Conditions shall apply to any such access.
3. Duration, Cancellation and Refunds
3.1. The Contract shall commence in accordance with clause 2.4 of these Terms and Conditions of Sale and unless otherwise terminated under our Cancellation and Refunds Policy until the supply of the products and services under the Contract is completed.
4. Your account
4.1. If you want to purchase our products and services via our Website, you will be required to create an account (“Account”). You can only place an Order via our Website if you create an Account.
4.2. You should refrain from creating more than one Account. If you create duplicate Accounts, we reserve the right to combine them into one Account and delete the duplicate.
4.3. As your Account can only be accessed via the Website, the Website Terms and Conditions apply whenever you access your Account.
4.4. You shall keep the details of your Account (including any password) confidential and secure.
4.5. You shall not share your Account nor the details of your Account with anyone else. You shall immediately inform us if you have reasons to believe that a third party has obtained your Account details, or accessed your Account.
4.6. We reserve the right to suspend or cancel your Account if you fail to comply with the obligations set out in clauses 4.4 and/or 4.5 .
4.7. When you inform us that there has been unauthorised access to your Account (and only if you do so), we will endeavour to make all reasonable efforts to immediately suspend your Account and cancel any unauthorised Orders or payments.
5. Price and Payment
5.1. In consideration of the supply of the products and services in accordance with the Contract, you must pay the agreed prices and fees set out in the Order Confirmation (“Price”).
5.2. In addition and without prejudice to the Price, if the products and services are provided outside the United Kingdom, you shall pay any and all taxes and duties that may apply to such supply of goods and services overseas.
5.3. The Price shall be paid in accordance with the payment terms set out in the Order Confirmation (“Payment Terms”).
5.4. If you fail to pay the Price on the dates set out in the Payment Terms, you shall pay interest at the rate of 3% a year above the Bank of England’s base rate from time to time on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.
6. Discounts, Special Offers, Competition and Drawings
6.1. From time to time we may offer discounts and special offers on our products and services and run competitions and drawings. When we do so, we reserve the right to set out the terms and conditions that will apply to such discounts, special offers, competitions and drawings.
6.2. You can only use discounts and special offers and/or participate in competitions and drawings in accordance with the terms and conditions that apply to them.
6.3. In addition and without prejudice to the specific terms and conditions that may apply to each discount, special offer, competition and drawing:
6.3.1. we reserve the right to set the period during which the discount, special offer, competition or drawing will be available and open;
6.3.2. you shall make only one entry into each competition or drawing and you agree that you will be disqualified if you make more than one entry;
6.3.3. unless otherwise set out in the specific terms and conditions of the competition or drawing, competitions and drawings will be open only to UK residents and companies registered in the UK;
6.3.4. we reserve the right to randomly choose the winner(s) and our decision will be final and binding;
6.3.5. we will notify the winner(s) via email and we reserve the right to award the prize to someone else if the winner does not confirm receipt of the prize within 7 days after being notified by us;
6.3.6. you shall not be entitled to exchange the prize for cash; and
6.3.7. if you are a winner of a competition or drawing, you agree to participate in our marketing campaigns in accordance with the specific terms and conditions that apply to the competition or drawing.
6.4. For the avoidance of doubt, we are not obliged to offer any discount or special offer or to run any competition or drawing.
7. Delivery Dates
7.1. We will endeavour to make all reasonable efforts to supply the products and services to you on the delivery dates set out in the Order Confirmation (“Delivery Dates”).
7.2. Notwithstanding clause 7.1, time shall not be of the essence and the Delivery Dates shall be estimates only.
8. Information you provide to us
8.1. Any and all information you provide to us shall be in English.
8.2. We may monitor any and all information you provide to us, including information uploaded to our Website or to your Account.
8.3. You represent and warrant that any and all information you provide to us is accurate, truthful, complete and up-to-date at all times and you are authorised to share and disclose it to us.
8.4. You warrant that you are authorised to provide us with any such information.
8.5. If you change your contact details at any time (including but not limited to your address or email address) you must tell us.
9. Your Equipment
9.1. When the products or services we provide to you require the use of computers, tablets, smartphones and other technology-based items and all and any programs and applications associated with them (“Equipment”) that is not owned by us, you represent and warrant that you have all necessary consents, licences and permissions to use such Equipment.
10. Products – Delivery Service Provider, Risk and Title
10.1. The products you purchase from us will be delivered by the delivery service provider set out in the Order Confirmation (“Delivery Service Provider”).
10.2. Unless otherwise set out in the Order Confirmation, the risk of the products we supply will pass to you upon their delivery to the Delivery Service Provider.
10.3. For the avoidance of doubt, the products will be sent to you at your risk and we shall not be liable for any damages or losses occurred to the products whilst they are with the Delivery Service Provider or otherwise in transit.
10.4. Title of the products we supply will pass to you when the Price of the products have been paid in full.
10.5. If the Delivery Service Provider cannot deliver a product because no one is available at your delivery address to receive the product and it cannot be posted through your letterbox or left in a safe place nominated by you, the Delivery Service Provider will normally leave a delivery note explaining how to rearrange delivery or where to collect the product. A rearranged delivery may be subject to additional delivery costs that will be informed to you in due course.
10.6. If you do not collect the goods or rearrange delivery within 7 days after being notified by the Delivery Service Provider in accordance with clause 10.5:
10.6.1. the Contract for the purchase of those goods will be deemed terminated;
10.6.2. we will have the right to recover the products; and
10.6.3. we will refund you the Price of the products, less any delivery costs and a reasonable sum for the costs that we incur in recovering the products.
11. Products – Description and Acceptable Variations
11.1. We endeavour to make all reasonable efforts to describe all products accurately. However, products may change slightly from their pictures. These minor variations may include but are not limited to:
11.1.1. a product’s true colour may not exactly match that shown on your device or in our marketing material;
11.1.2. a product’s packaging may be slightly different; and/or
11.1.3. a product’s measurements and/or sizes may be subject to minor variations in manufacture.
12. Products – Warranties
12.1. We warrant that on delivery and for a period of 12 months after the delivery (unless stated otherwise in the Order Confirmation), the products will be free from material defects in design, material and workmanship.
12.2. The warranty granted under clause 12.1 does not apply when you get the products we supply repaired by a third party nor cover damages or problems caused by or related to:
12.2.1. general wear and tear;
12.2.2. your actions or omissions;
12.2.3. actions or omissions of third parties not directly engaged by us in respect of the Contract;
12.2.4. accident or improper handling;
12.2.5. failure to follow our instructions;
12.2.6. failure to follow instructions provided by the manufacturer;
12.2.7. minor scratches or imperfections on reconditioned products;
12.2.8. consumable items, such as batteries, screen protectors, cases and any other items which are designed to have a limited life; and
12.2.9. parts which you supply.
13. Services – General Provisions
13.1. We will provide the services with reasonable skill and care and materially in accordance with the Contract.
13.2. If you have any questions about the services, you should tell us as soon as possible. We will not be able to address your concerns unless you tell us.
14. Services – Technical Support – Additional Provisions
14.1. When the services include remote technical support to your Equipment:
14.1.1. we will endeavour to ensure that the connection we use is encrypted, however we cannot warrant or guarantee that the connection will be fully secured against viruses and hacking;
14.1.2. we will not access your Equipment without your permission;
14.1.3. you must revoke your permission whenever you no longer want us to access your Equipment for any reason;
14.1.4. we will only access your Equipment to the extent required for the supply of the services under the Contract.
14.2. When the services include recurring monthly support services:
14.2.1. in any given month you can only use the number of hours of service set out in the Order Confirmation for that month;
14.2.2. you cannot roll over any unused hours of service to the next month;
14.2.3. any unused hours will not be refunded;
14.2.4. if you require additional hours of service, you shall place a new Order and we will provide the service after you accept the Order Confirmation related to such additional hours.
14.3. When the services include ongoing support services subject to a fixed number of hours:
14.3.1. the services will be limited to the fixed number of hours set out in the Order Confirmation;
14.3.2. the fixed number of hours shall be used within the period set out in the Order Confirmation;
14.3.3. any unused hours will not be refunded; and
14.3.4. if you require additional hours, you shall place a new Order and we will provide the service after you accept the Order Confirmation related to such additional hours.
14.4. When the services include free technical support for our products and/or services:
14.4.1. the services will be limited to the fixed number of hours set out in the Order Confirmation;
14.4.2. unless otherwise agreed in writing between us and you, the fixed number of hours shall be used within 6 months from the Delivery Date of the product or service to which the free support service relates;
14.4.3. any unused hours will not be refunded; and
14.4.4. if you require additional hours of service, you shall place a new Order and we will provide the service after you accept the Order Confirmation related to such additional hours.
15. Service – Repair and Refurbishment – Additional Provisions
15.1. When the services include repair, refurbishment or reconditioning of Equipment, we offer a guarantee for the period of 12 months on the parts and workmanship we have supplied.
15.2. The exclusions set out in clause 12.2 apply to the guarantee granted under clause 15.1.
16. Services – Braille Transcriptions – Additional Provisions
16.1. When the services include Braille transcription and/or translation:
16.1.1. such transcription and/or translation will be a literal rendition of the document you have provided; and
16.1.2. they will not include any proofreading of the document to be translated and/or transcribed.
16.2. Therefore, you warrant that the documents that will be transcribed and/or translated are accurate, complete and free from errors and we shall not be liable for any inaccuracies and/or errors in the documents to be transcribed and/or translated.
16.3. Unless otherwise agreed in writing, Braille transcriptions and translations do not include proof reading. If you want us to proofread the Braille transcriptions and/or translations, this additional service will:
16.3.1. be subject to an appropriate fee;
16.3.2. be carried out to a reasonable standard;
16.3.3. include correction of errors we may find;
16.3.4. be completed before the document is transcribed into Braille; and
16.3.5. require your approval of the printed document before completion of the transcription into Braille.
16.4. Unless otherwise set out in the Order Confirmation, we shall not be responsible for the transcription and/or translation of technical terms or languages other than English.
16.5. If the services include printing and/or Brailling of a document that contains colours of any nature, we will print the document to the best of our ability. However, there may be slight variations in colour and/or quality.
16.6. If the document to be translated and/or transcribed contains inappropriate or offensive content, we reserve the right to refuse to print your document.
17. Services –Software – Additional Provisions
17.1. When the services include any software:
17.1.1. the software will be provided as a non-modifiable and executable run-time version;
17.1.2. the supply of the software will also be subject to the terms and conditions of its developer which are available on request ; and
17.1.3. if there is any contradiction or inconsistency between the terms and conditions of the developer of the software and these Terms and Conditions of Sale, the terms and conditions of the developer shall prevail.
18. Services – Design and Print – Additional Provisions
18.1. When the services include the design and printing of graphic works:
18.1.1. the details of the design you will engage us to develop shall be included in the Order Confirmation;
18.1.2. we will provide you with five designs materially in accordance with the details set out in the Order Confirmation;
18.1.3. you shall sign off a proof version of the design or an item which you wish us to print for you; and
18.1.4. we will print the version you signed off.
18.2. When you sign off a version of the design, you shall ensure that you have reviewed all elements of the design (including spelling, numbers and colours). We will not be liable for any mistake you find after the design is printed in accordance with the version you signed off.
18.3. Unless we have agreed in writing to offer a specific Pantone Colour, we will use reasonable care to ensure that the colours we print are as close to the colours you have requested as is reasonably possible.
18.4. However, we do not guarantee that colours shown in any digital reproduction of a design will match the colours in any printed material, as each video screen will show a variation of colours. Therefore, we will not be liable for any such variations in the colours of a design.
19. Limitation of Liability
19.1. Nothing in the Contract shall exclude or limit any liability that cannot be excluded or limited by law.
19.2. Subject to clause 19.1, our aggregate liability to you shall not exceed the Price and we shall not be liable for:
19.2.1. loss of profits;
19.2.2. loss of sales or business;
19.2.3. loss of agreements or contracts;
19.2.4. loss of anticipated savings;
19.2.5. loss of use or corruption of software, data or information;
19.2.6. loss of or damage to goodwill; and
19.2.7. any other indirect or consequential loss.
20. Reporting Illegal and Fraudulent Activities
20.1. If, during the supply of the products and services to you, we become aware of anything illegal or fraudulent that you have done or if we have reasons to believe you have done something illegal or fraudulent, we may report those actions to the competent authorities.
20.2. If we report your actions to the competent authorities in accordance with clause 20.1, you shall indemnify us against any cost we incur in connection with any such report and any losses we suffer in connection with your illegal or fraudulent actions.
20.3. We may offset any amount you owe to us under clause 20.2 against any deposit or payment you have made to us. Our right to offset under this clause 20.3 shall not exclude or reduce any of your obligations under the Contract.
21. Force Majeure
21.1. We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our reasonable control.
22.1. For the purposes of this clause, “Confidential Information” means information which is disclosed (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked or may be interpreted as such) by a party to the Contract to the other party pursuant to or in connection with the Contract.
22.2. At all times for the duration of the Contract and for two years after its termination, we and you shall:
22.2.1. use our best endeavours to keep confidential all Confidential Information;
22.2.2. not disclose any Confidential Information to any other person except to:
(i) current or bona fide employees, subcontractors and advisers on a need-to-know basis and provided that such persons or entities are under appropriate confidentiality obligations; and
(ii) any person, body or entity to whom any party is required to disclose the Confidential Information by law;
22.2.3. not use any Confidential Information for any purpose otherwise than to exercise the rights and comply with the obligations set out in the Contract;
22.2.4. not make any copies of, record in any way or part with possession of any Confidential Information.
22.3. The provisions of this clause 22 will not apply:
22.3.1. to any Confidential Information which becomes public knowledge; or
22.3.2. if we are obliged by any law, rule or regulation to reveal it.
23.1. Either party may at any time assign, subcontract or deal in any other manner with any or all of its rights and obligations under the Contract, provided the other party is notified in writing.
24. Entire agreement
24.1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
24.2. For the avoidance of doubt, the Contact includes these Terms and Conditions of Sale and the following documents (which are incorporated to the Contract by reference):
24.2.1. Website Terms and Conditions;
24.2.2. Cancellation and Refunds Policy;
24.2.4. Cookies Policy.
25.1. We reserve the right to amend these Terms and Conditions of Sale from time to time. Every time you wish to purchase our products and services, please check these Terms and Conditions of Sale to ensure you understand the Terms and Conditions of Sale that apply at that time.
25.2. Notwithstanding clause 25.1, no variation of a Contract shall be effective unless it is in writing and signed by us and you.
26.1. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
26.2. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
26.3. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
27.1. If any provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
27.2. If any provision of this Contract is deleted under this clause 27.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
28. Third-party rights
28.1. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
29. Governing law and jurisdiction
29.1. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
29.2. We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.