Terms & Conditions

Terms and Conditions

About these terms and conditions

These terms and conditions (“Terms”) will govern the contract for the supply of Cybertiro to you (“Contract”). Please read these Terms carefully before ordering on Cybertiro.

Please note that you will be asked to agree to these Terms by ticking the box immediately before you click the “Confirm and buy” button at the end of the checkout page on the Website. By clicking this button, you confirm that you accept these Terms. If you do not agree with these Terms, you will not be able to order on Cybertiro.

You will be provided with a copy of these Terms in the Welcome E-mail. We may occasionally update these Terms in accordance with section C5 below.

These Terms, any Contract between us, and any communications or documents are only in the English language.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU (SECTION C2), THE LIMITATIONS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE FEATURES (SECTIONS B1, B2 AND B3) AND HOW YOU CAN CANCEL YOUR SUBSCRIPTION (SECTION A4).

Information about us and how to contact us

Cybertiro is provided by Graystone S.a.r.l, which is a company registered in Luxembourg. Our registered office is 44. Rue de I’ Industrier, L- 8069 Bertrange, Luxembourg and our registered number is 35597463 (VAT LU35597463).

You can contact us by email at [email protected] or by calling us on +4598009284 10am – 5pm, mon-fri.

You can also write to us at Cybertiro, 44. Rue de I’ Industrier, L- 8069 Bertrange, Luxembourg.

Definitions

Where the following words are used in these terms and conditions, they will have the meanings shown below:

Month – the period starting on the Start Date and ending on the day preceding the same day of the Month in the following Month, each successive period of one Month during your Subscription (e.g. if your Subscription started on 15 January, your first Month will run Monthly(inclusive)).

Monthly Fee – the amount payable each Month in order to begin and continue your Subscription. Unless varied in accordance with section A3, each Monthly Fee will be the same amount as the first Monthly Fee payable. Details of the Monthly Fee can be found in the Welcome E-mail.

Cybertiro – the collection of service features detailed in these Terms.

Start Date – the start date which is order is placed.

Subscribers’ Area – the area of the Website that is available only to you.

Subscription – your subscription to Cybertiro for which you pay the Monthly Fee.

we, us, our, Graystone S.a.r.l – Graystone S.a.r.l.

Website – the website at https://cybertiro.com.

Welcome E-mail – the e-mail sent under section A2:2 after you have placed an order with Cybertiro (us), confirming that our Contract has been concluded. This will contain a copy of these Terms and will confirm other information relevant to the Subscription.

you, your – the person who has purchased, and is entitled to use, Cybertiro whose name appears in the Welcome E-mail.

A: Cybertiro Subscription

A1: Conditions of Subscription and your status

By placing an order through the Website, you agree that:

1. You are 18 years old or over and you are resident in a European Country, United Kingdom or Norway and are accessing the Website from one of those.
2. You will provide us with full and accurate information in relation to your Subscription.
3. You will give us notice if you change any of the contact details you give us when applying for your Subscription and you will tell us as soon as possible by calling us on the relevant number given in your Welcome E-mail, or using the Subscribers’ Area where applicable.

A2: How the Contract is formed between us and who is entitled to use Cybertiro

• All orders must be placed using the order facility provided on the Website. The process is as follows:
• 1. Select the product you wish to purchase, then proceed to the checkout page;
• 2. You will need to provide certain personal information relating to your order
• 3. Once you have submitted this information, you will then be asked to insert your payment details so that we may process payment of your first Monthly Fee
• 4. You will then be taken to the “Summary” page, which will summarise the key information relating to your order.
• 5. Before you submit your order, you will have the opportunity to check and identify any input errors. You may correct those input errors before placing your order. It is your responsibility to ensure that your order is correct before submitting it to us. Please ensure that you enter complete and accurate information about yourself.

2. Once you place your order, our acceptance of your order will take place as described below:

• 1. When you click the “Confirm & buy” button you will be redirected to the ’Confirmation / Thank You’ page, which will provide you with your Subscription number. Please note that your Subscription will not start until we have accepted your order (see (3) below).
• 2. By submitting an order to us through the Website, and by clicking the “Confirm & buy” button, you confirm that the payment details provided on your order are valid and correct, and that once your order has been accepted and processed by us (see sections (3) to (4) below for information about how and when a legally binding contract is formed between us), payment will be made in full. By placing an order, you confirm that you are the person referred to in the payment details.
• 3. Acceptance of an order placed on the Website and the formation of the Contract between you and us will take place when we send you the Welcome E-mail. The Contract between us will only be formed when we send the Welcome E-mail.
• 4. If we are unable to supply you with the purchased product (e.g.because of an error in the price on the Website) we will inform you of this, and we will not process your order. If you have already paid the Monthly Fee, we will refund you the full amount as soon as possible, and in any event within 5 days.
• 5. If at any point there are any problems with your order, please contact us using the “Contact” page on the Website.

3. Only you are entitled to use your Cybertiro Subscription.

A3: Length of Subscription and payments

1. Your Subscription runs from the Start Date and will continue on a Month-to-Month basis, in return for you paying each Monthly Fee, until you or we cancel your Subscription.

2. We will collect the Monthly Fee in your local currency for each Month from the payment card you nominate. Should this payment fail we will attempt the charge at regular intervals until successful.

3. We will advise you of any changes to the Monthly Fee in advance, at least a Month before such changes take effect. If you do not wish to accept our proposed changes to the Monthly Fee, you should cancel your Subscription in accordance with section A4 before the end of the Month prior to the date on which we tell you such changes will take effect.

A4: How you cancel your Subscription

Your legal right to cancel

1. You have a legal right to cancel the Contract during the period set out in section A4.2 (“Cancellation Period”) without giving any reason. This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to receive or keep the Subscription, you can notify us of your decision to cancel the Contract and receive a full refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

2. Your legal right to cancel the Contract starts from the Start Date, which is when the Contract between you and us is formed. Your deadline for cancelling the Contract in accordance with your legal rights ends at the end of 5 days after the Start Date.

3. To exercise the right to cancel, you must inform us by a clear statement (e.g. a letter sent by post or e-mail). You should exercise your right to cancel by contacting us at the address or e-mail address or by calling us on the number set out in the “Information about us” section above. You may as well use cancellation form available on the Website, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail or letter) without delay.

4. To meet the cancellation deadline, it is sufficient for you to send your communication exercising the right to cancel before the Cancellation Period has expired.

5. If you exercise this right to cancel within the Cancellation Period, we will make the reimbursement: 1. without undue delay, and not later than 5 days after the day you inform us of your decision to cancel the Contract; and 2. using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, and in any event, you will not incur any fees as a result of the reimbursement.

6. Further information about your legal right to cancel and an explanation of how to exercise it will also be provided in the Welcome E-mail. The model cancellation form will be included in the Welcome E-mail.

Cancellation after the Cancellation Period

You also have the right to cancel your Subscription after the end of the Cancellation Period. You can exercise your right to cancel by contacting us at the address or e-mail address or by calling us on the number set out in the “Information about us” section above. If you exercise this right to cancel, then your Subscription will be cancelled at the end of the Month in which you tell us you want to cancel. The Monthly Fee will be due for the Month in which you tell us you want to cancel, and you will not be entitled to a refund of any Monthly Fee you have already paid to us. Depending on when in a Month you cancel your Subscription, we may still take payment from you for the next Month on the next scheduled payment date. If this happens, we will refund you this payment in full within 5 days.

A5: How we may cancel your Subscription

1. We have the right to cancel your Subscription on written notice to you at any time: 1.if you do not pay the Monthly Fee on the date it is due; and/or 2. if, at any time, you give us false information in relation to the purchase of your Subscription.

2. If we decide to cancel your Subscription for any of the reasons in section A5:1 above, your Subscription will end on the date set out in our notice to you and you will not be entitled to a refund of any Monthly Fees paid to us.

3. We also have the right to cancel your Subscription: 1. on written notice to you at any time where it is impossible for us to continue providing Cybertiro as a result of any part of or all of Cybertiro breaching applicable laws or regulations; or 2. at any time by giving you cancellation notice.

4. If we have to cancel your Subscription for any of the reasons in section A5:3 above, you will receive a refund of the proportion of the Monthly Fee which is applicable to the unused portion of your Subscription for the Month in which we cancel your Subscription.

B: Cybertiro features

Following purchase of Cybertiro, you will be able to log into your Subscribers’ Area using the email address you provided, and password created during the purchase process.

C1: Transfer of rights and obligations

1. Your Subscription is non-transferable. This means that only you are entitled to the rights given to you under the Contract.You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

2. We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under the Contract.

3. We may engage someone else to perform all or any of our obligations under this contract on our behalf but only to someone who we reasonably believe is capable of performing them properly. We will notify you if we do this and we will tell you who is performing our obligations.

C2: Our liability to you

1. We only supply Cybertiro for domestic and private use. You agree not to use Cybertiro for any commercial, business or re-sale purpose. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms, or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

3. We do not in any way exclude our liability (if any) to you for:•personal injury or death resulting from our negligence;•fraud or fraudulent misrepresentation;•any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

4. We warrant to you that Cybertiro will be provided to you in accordance with the Terms and will be provided with reasonable skill and care. However, we cannot guarantee that the Website or the telephone support set out at section B2 will be available at all times and will operate uninterrupted and error free but in the event that there any performance issues affecting the Website or the telephone support set out at section B2 we will take reasonable steps to limit any interruption to the service and to resume the provision of the service as soon as possible.

5. We will not be liable or responsible for any failure to perform the Cybertiro service, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

6. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:•we will take all reasonable steps to prevent and minimise any delay; and •our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the EventOutside Our Control affects our delivery of the Cybertiro service to you, we will resume performance of the Cybertiro service as soon as the Event Outside Our Control is over.

7. NOTHING IN THESE TERMS WILL AFFECT ANY OTHER RIGHTSYOU MAY HAVE IN LAW. YOU CAN OBTAIN FURTHER INFORMATION ABOUT YOUR LEGAL RIGHTS FROM YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZEN’S ADVICE BUREAU.

C3: Other important terms

1. If we fail to insist that you perform any of your obligations under the Contract or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

2. The terms are governed by Luxembourg’s laws. This means a Contract for the purchase of the Service through the Website and any dispute or claim arising out of or in connection with it will be governed by Luxembourg’s laws.

C4: Complaints

If you want to make a complaint, please email us at [email protected] or phone us on +4598009284, or write to Complaints, Cybertiro, Graystone S.a.r.l, 44. Rue de I’ Industrier, L- 8069 Bertrange, Luxembourg.

Every effort will be made to respond to the complaint as soon as possible. If the complaint cannot be resolved within 7 days, you will be sent an acknowledgement letter to keep you informed of progress. We will contact you again within 7 days from when you first contacted us with the complaint.

C5: Changes to these terms and conditions

1. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in law, regulation or the requirements of a government or regulatory authority, changes in payment methods and to implement enhancements or improvements to the Cybertiro service, provided that, in the case of revisions to these Terms which implement enhancements or improvements to the Cybertiro service, you will never receive a reduced service to that described to you when you purchased the Subscription.

2. If we have to revise the Terms as they apply to your order for Cybertiro, we will contact you to give you reasonable advance notice of the changes. If you do not agree with the revised Terms, you will be able to cancel your Contract and receive a refund for any Monthly Fee you have paid for the Month in which the changes take effect.

C6: Recording calls

We record all phone calls to us. We do this to provide a record of the instructions we have received, allow us to monitor quality standards, help us with staff training and meet legal and regulatory requirements. Please refer to our Privacy Notice (see Section 2 “What does One Go2 Limited do with your personal information?– internal record keeping”).

C7: Third Party Rights

This Contract is between you and us. No other person shall have the right to enforce any of its terms.

Privacy Notice – How Graystone S.a.r.l uses your personal information

1.Information about Graystone S.a.r.l and Contact Details

Graystone S.a.r.l takes the privacy of its customers seriously and is responsible for your personal information. Graystone S.a.r.l’s company details are included in the ‘Information about us and how to contact us’ section of these Terms.

You can contact Graystone S.a.r.l:

• by post at: Graystone S.a.r.l,44. Rue de I’ Industrier, L- 8069 Bertrange, Luxembourg.
• by telephone on: +4598009284 (Lines are open 10am to 5pm, mon-fri.
• by email at: [email protected].

Graystone S.a.r.l has appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

You can contact the DPO:

• by post at: Data Protection Officer, Graystone S.a.r.l, 44. Rue de I’ Industrier, L- 8069 Bertrange, Luxembourg.; or
• by email at: [email protected]

This Privacy Notice sets out how Graystone S.a.r.l processes your personal information, in accordance with the General Data Protection Regulation (“GDPR”) and the Retained Regulation (EU) 2016/679 (“UK GDPR”), and with the Data Protection Act 2018 (DPA 2018)”

1.What personal information is collected?

Graystone S.a.r.l may collect and use the following information:

• your name and contact information (including your address, e-mail address and mobile phone number) and other contact details you provide to Graystone S.a.r.l;
• your date of birth;
• financial information including card payment details;
• information and data you register with Graystone S.a.r.l to use the Data Monitoring Service feature of your Subscription, for example your National Insurance Number, your passport number and your driving licence number;
• information that you provide when you purchase yourSubscription;
• records of any correspondence with you regarding any specific enquiry you make, for example if you call, email or write to Graystone S.a.r.l. Graystone S.a.r.l will also hold copies of letters or emails you send or documents you provide in relation to your Subscription, where this is relevant.
• information about other products and services you obtain from the Graystone S.a.r.l Group.

1. How Graystone S.a.r.l uses your personal information

Graystone S.a.r.l will only use your personal information when the law allows it to. Most commonly, Graystone S.a.r.l will use your personal information in the following circumstances:

• Where it needs to perform the contract for the Cybertiro Subscription it is about to enter into or has entered into with you.
• Where it is necessary for Graystone S.a.r.l legitimate interests(or those of a third party) and your interests and fundamental rights do not override those interests.
• Where Graystone S.a.r.l needs to comply with a legal or regulatory obligation.

Where Graystone S.a.r.l processes your personal information for direct marketing purposes it will do so on the basis that you have given your consent to the processing of your information for this specific purpose.

2.What does Graystone S.a.r.l do with your personal information?

Set out below, in a table format, is a description of all the ways Graystone S.a.r.l uses your personal information, and which of the legal bases it relies on to do so. The table also identifies what Graystone S.a.r.l’s legitimate interests are where appropriate.

Note that Graystone S.a.r.l may process your personal information for more than one lawful ground depending on the specific purpose for which it is using your information.