Terms and Conditions for Consumers

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This page tells you the terms and conditions on which we will supply the whzan services to you. Please read these terms and conditions carefully. If you accept them, please click on the button marked "I accept the terms and conditions". You should print a copy of these terms and conditions for future reference. If you refuse to accept these terms and conditions, you will not be able to complete the registration process for whzan services.

GENERAL TERMS AND CONDITIONS OF SERVICE

1. INTERPRETATION

1.1. Definitions In these Terms and Conditions unless otherwise stated:-

"Act" means the Telecommunications Act 1984;

"Additional Charges" means any charges payable to the Company for services not included in the Service Package as amended from time to time, details of which can be found on the Company's website through www.whzan.com and which are payable in accordance with Clause 4;

"Alarm" means notifications sent by the Service to the Customer based on Customer set threshold values of Datapoint s and "Alarms" shall be construed accordingly;

"Charge Amendment Notice" means any notice of variations to the Charges and/or the Additional Charges in respect of the Services as may be issued from time to time:

"Charges" means the charges payable by the Customer for the provision of the Services details of which can be found on the Company's website www.whzan.com as amended from time to time and which are payable in accordance with Clause 4;

"Company" means Solcom Limited, a company registered in England and Wales under number 3525534 whose registered office is currently situated at Solcom Limited, Solcom House, 79 George Street, Ryde, Isle of Wight, PO33 2JF, United Kingdom;

"Commencement Date" means the date upon which the Contract is formed in accordance with Clause 2;

"Contract" means the contract between the Company and the Customer for the supply of the Services in accordance with these Terms and Conditions;

"Credit/Debit Card" means any credit card or debit card issued by financial institutions which is acceptable to the Company and includes but is not limited to Master Card, American Express, Switch Card, Delta Card and Visa Card;

"Customer" means the person who registers for the Service;

"Datapoint" means one data producing source which registers data and Datapoint s shall be construed accordingly;

"Force Majeure Event" has the meaning given to it in Clause 11.1;

"Intellectual Property Rights" means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, trademarks, design rights, copyrights, topographical rights, know-how, rights in databases, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights and any similar intellectual property rights anywhere in the world;

"PayPal" means the payment services offered by PayPal (Europe) Ltd.;

"Service" and "Services" means the provision of the whzan© data collection, data display and data storage services as applicable at any one time;

"Service Package" means the services purchased by the Customer and provided with the Service and can comprise of the collection of data from a specified number of Datapoints, display of such data with the help of the Service and the storage of historical values of the Datapoint s for which data is collected using the Service and/or provision of Alarms;

"Shop" means the software shop on the whzan© website at Whzan Shop;

"Software" has the meaning given to it in Clause 5.6;

"Termination Date" means the date of termination of the Contract;

"Third Party" means a party which is neither the Company nor the Customer;

"Third Party Software" means software available for purchase at the Shop;

"whzan©" means the whzan© software and related hardware infrastructure accessible via the www.whzan.com website through a subscription;

"Whzan Gateway" means software used to connect a data source to the Service;

"Working Day" means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business.

1.2. References In these Terms and Conditions,

"Clauses" are references to clauses in these Terms and Conditions;

"Persons" include a reference to any body corporate, unincorporated association or partnership; the singular shall include the plural and vice versa; and references to a statute, statutory instrument, regulation, order or licence is a reference to that statute, statutory instrument, regulation, order or licence as substituted, varied or re-enacted from time to time, unless the context otherwise requires.

1.3. Include The words "include" and "including" are to be construed without limitation.

1.4. Headings The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.

2. FORMATION OF CONTRACT AND ACCEPTANCE OF THE TERMS AND CONDITIONS

2.1. The Company shall provide the Services to the Customer in accordance with these Terms and Conditions provided that the Customer has indicated their acceptance by clicking the "I accept the Terms and Conditions" box on the whzan© website as part of the registration process for the Services.

2.2. In the event that the Customer does not accept these Terms and Conditions as set out above the Company shall not provide the Services.

2.3. The Customer's acceptance of these Terms and Conditions as set out above constitutes an offer by the Customer to purchase the Services from the Company in accordance with these Terms and Conditions. Such offer shall only be deemed to be accepted by the Company when the Company dispatches an email confirmation of the registration for the Services at which point and on which date the Contract shall come into existence.

3. SUPPLY OF THE SERVICES

(a) The Company shall supply the Services to the Customer as soon as reasonably practicable and in any event no later than thirty (30) Working Days from the Commencement Date, except in the case of non-payment of Charges or Additional Charges by the Customer or where the Company is prevented from providing the Services by a Force Majeure Event.

(b) The Company shall inform the Customer of any delay in the delivery of the Services as soon as reasonably practicable.

(c) The Company shall provide a full refund to the Customer of the Charges and any Additional Charges paid by the Customer if the Company is unable to supply the Services for which a payment has been made by the Customer within thirty (30) Working Days of the Commencement Date.

(d) The Customer may cancel the Contract at any time within seven (7) Working Days of the Commencement Date by giving written notice to the Company. On receiving such notice the Company shall provide the Customer with a full refund of any Charges or Additional Charges paid by the Customer under the Contract.

3.1. Warranty

3.1.1. The Company warrants to the Customer that the Services will be provided using reasonable care and skill.

3.1.2. The Company provides no warranties in relation to: (a) the suitability of the Services for any particular purpose; (b) the functionality of the software underlying the provision of the Services; and (c) the functionality of any Third Party software (including software purchased from the Shop), components or hardware used for the provision of the Services including without limitation any provision of broadband, computer clouds or mobile phone systems and computer or mobile phone networks.

3.1.3. The Company shall not, if applicable, assign to the Customer the benefit of any licence, warranty, guarantee or indemnity given by a Third Party supplying any goods or services to the Company unless agreed with the Customer in writing and with the Third Party's prior written consent.

3.1.4. The Company reserves the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, from time to time by giving reasonable notice to the Customer by e-mail to his designated e-mail address as provided to the Company on the Commencement Date.

3.1.5. The provision of the Services will at all times be subject to any downtime and/or interruptions caused by computer or software failure or routine or emergency maintenance by the Company, the Customer or by Third Parties.

3.2. Limitation of Liability

3.2.1. Nothing in these Terms and Conditions shall limit or exclude the Company's liability for: (a) death or personal injury caused by its own negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.

3.2.2. Subject to Clause 3.2.1, the Company shall not be liable to the Customer for: (a) the loss of any material or data uploaded onto the Service and the servers used to provide the Services; (b) the incompatibility of the Service with any of the Customer's equipment, software or telecommunications links; (c) any technical problems including errors or interruptions of the Services which are outside of the Company's control; (d) any failure of Third Party software including without limitation the Silverlight product supplied by Microsoft, Inc.; or (e) any failure of Third Party hardware including platforms, computer cloud or kit.

3.2.3. Subject to Clause 3.2.1, the Company's total liability to the Customer in respect of all other losses arising under or in connection with the provision of the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is strictly limited to the total of twelve (12) consecutive monthly Charges paid by the Customer in the twelve (12) consecutive months prior to the breach and any losses which are a foreseeable consequence of the Company breaking the Contract. Losses are foreseeable where they could be contemplated by the Customer at the time the Contract is made.

3.2.4. The Company shall not be liable to the Customer or to any Third Party for any failure by the Customer to comply with its obligations under these Terms and Conditions.

4. CHARGES

4.1. All Charges and Additional Charges are listed on the www.whzan.com website here. Please consult this page on the website from time to time. The Charges shall be payable by the Customer to the Company for the provision of the Services. The Additional Charges shall be payable by the Customer to the Company for any services not included in the Service Package. The Charges and the Additional Charges shall be payable in accordance with this Clause 4.

4.2. Except where Clause 4.3 applies, the Charges and any Additional Charges shall be payable by the Customer one (1) month in advance on the Commencement Date and every thirty (30) days thereafter.

4.3. Where a Customer has the benefit of a promotional offer to use the Services free of charge for a specified period, the Charges and any Additional Charges shall not be payable until the expiry of such promotional period.

4.4. The Company shall issue an invoice for the Charges and any Additional Charges on the Commencement Date or as soon thereafter as is reasonably practicable. The invoice shall be delivered to the Customer through the Customer's administration menu for the Services.

4.5. Payment of the Charges and any Additional Charges can only be made by a valid Credit/Debit Card, by direct debit or through PayPal and the Customer shall provide details of the same as part of the registration process for the Services via the www.whzan.com website. Payments processed by PayPal are subject to PayPal's terms and conditions of service, and the Company makes no representations or warranties with respect to those services.

4.6. Neither the Company nor the Customer shall be entitled to set off a credit against any amount owed to it by the other in relation to the Services.

4.7. All prices quoted in these Terms and Conditions and anywhere on the www.whzan.com website include the current rate of UK VAT or any other rate set out in legislation in relation to Value Added Taxes in force in the United Kingdom from time to time.

4.8. The Customer acknowledges that the Charges and the Additional Charges are exclusive of any telecommunication charges or any other charges the Customer may incur for the infrastructure needed for accessing the Services whether consisting of software, hardware or any communications networks of any kind. All telecommunication charges and such infrastructure charges and costs incurred by the Customer in connection with the use of the Services remain solely the responsibility of the Customer at all times. The Company does not accept any liability or responsibility for any such charges.

4.9. The Company shall be entitled to vary the Charges and/or the Additional Charges from time to time with effect from the date specified in a Charge Amendment Notice. The Company shall issue a Charge Amendment Notice no later than two (2) weeks prior to the date that any variation of the Charges and/or the Additional Charges shall come into force.

4.10. The Customer shall no later than one (1) week from the date of deemed receipt of the Charge Amendment Notice send a counter notice to the Company by email accepting or rejecting the terms of the Charge Amendment Notice. Such notice shall be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .

4.11. In the event that the Customer accepts the terms of the Charge Amendment Notice or fails to send notice to reject the proposed new Charges and/or Additional Charges (as the case may be) as notified in the Charge Amendment Notice within the specified period, the terms of the Charge Amendment Notice shall apply from and including the date specified in the Charge Amendment Notice and these Terms and Conditions shall be deemed to be varied accordingly.

4.12. In the event that the Customer rejects the terms of the Charge Amendment Notice, the Customer has the right to terminate the Services with effect from the date in the Charge Amendment Notice, such notice of termination to be received by the Company no later than seven (7) Working Days before the date of commencement of the new Charges and/or the Additional Charges as outlined in the Charge Amendment Notice.

4.13. In the event that the payments for the Charges and/or Additional Charges are rejected by the Customer's bank or credit card provider or are stopped by the Customer or their bank or credit card provider an administrative fee of £10 will be payable by the Customer to the Company unless waived by the Company at its sole discretion.

4.14. If the Charges and/or the Additional Charges, as applicable, are not paid by the Customer within thirty (30) Working Days of the due date for payment the Company shall instruct a debt recovery agency to recover all sums due from the Customer and all reasonable expenses incurred by the Company in recovering such debts.

5. CUSTOMER OBLIGATIONS

5.1. The Customer warrants that it has the capacity to adhere to these Terms and Conditions.

5.2. The Customer warrants that they are at least eighteen (18) years old.

5.3. The Customer shall:-

5.3.1. Keep full security copies of the Customer's computer programs, database and computer records on a daily basis, or more frequently if required by best computing practice, and be responsible for the security of his computer and telecommunications systems and networks at all times including the transmission of any data across such systems and networks;

5.3.2. Obtain the consent of individuals whose personal data are to be held on the user registration pages or data history store of each whzan© account. The Customer must promptly notify the Company of any changes to the Customer's registered details including (but not limited to):- (a) name and address of the Customer; (b) name, postal address, e-mail address, telephone and fax number of the technical contact and administrative contact of the Customer's domain name(s) and in any event provide such information within fifteen (15) Working Days of a request for such information from the Company. All such changes must be notified to the e-mail address This e-mail address is being protected from spambots. You need JavaScript enabled to view it. ;

5.3.3. In order to maintain the data-transfer volume restrictions as agreed in each Service Package, check all usage statistics emailed by the Company to the Customer's nominated email address. Where data transfers exceed the Service Package, the Company may suspend the Services in accordance with Clause 8.2;

5.3.4. Notwithstanding Clause 16.5, keep confidential all passwords received from the Company for the purpose of the Services and notify the Company immediately upon becoming aware that a password has become known to a Third Party;

5.3.5. Only make use of the Services for a legitimate and lawful purpose;

5.3.7. Allow the Company to access the Customer's whzan© account and data contained within to check for any infringements of the Customer's obligations under these Terms and Conditions;

5.3.8. Ensure that it/he complies at all times with all relevant laws and obligations including but not limited to any licence under the Act which is applicable to the Customer and all related laws in any territory in which the Customer is situated or in which the Customer's data and mimics may be accessed or made available. The Customer must also obtain any relevant consents and approvals for the installation and use of the data collected by whzan©;

5.3.9. Ensure that all hardware, devices and equipment from which data is collected using the whzan© or is used to connect to whzan© is:

• correctly installed and connected according to the manufacturer's instructions or as regulated by relevant laws of the territory where the hardware, devices and equipment reside;

• correctly used and housed in appropriately heated and ventilated areas as instructed by the manufacturer and as regulated by the laws of the territory where the hardware, devices and equipment reside;

• correctly maintained as recommended by its manufacturer or as regulated by relevant laws of the territory where the hardware, devices and equipment reside;

• correctly, appropriately and adequately operated and monitored when in use using appropriate skill and care in such operation and monitoring of the hardware, devices and equipment and always according to manufacturer's instructions and the laws of the territory where such operation and monitoring takes place.

5.4. The Customer shall NOT:-

5.4.1. Send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights or common law rights of any person or legal entity or the laws or statutory regulations or common law rights relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;

5.4.2. Make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient and the consent of the owner of such mail or data contained in such mail. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming";

5.4.3. Use the whzan© account to store data other than that collected with an authorised Whzan Gateway and within the terms of the Service Package under these Terms and Conditions;

5.4.4. Use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which are erotic or pornomimic including but not limited to any other material, images, displays or services which are offensive, illegal or immoral or which are in breach of any legal obligation;

5.4.5. Arrange its display page(s) in a way that leads to a risk of or causes an excessive load on the server provided by the Company in connection with the Services;

5.4.6. Exceed the relevant data transfer volume applicable to the Service Package unless the Customer has agreed with the Company to pay Additional Charges for the Service Package for the data transfer volume exceeding the agreed level in the Service Package;

5.4.7. Use the Services in a manner which infringes a Third Party's copyright or other Intellectual Property Rights;

5.4.8. Try to damage or enter the Service or servers used to provide the Service in any manner which could be construed as "hacking" into the Services, whzan© software or servers used to provide the Services.

5.5. Without prejudice to any other rights of the Company arising from these Terms and Conditions or otherwise, the Customer will indemnify the Company against all claims, losses, liabilities, expenses, fines and penalties of whatsoever nature made, incurred or imposed as a result of a breach by the Customer of the terms of this Clause 5.

5.6. Software ('Software') is provided for online use as part of the Services, and the use of such Software may be subject to Additional Charges in accordance with these Terms and Conditions. The Customer shall not download, install, store or make any copies of the Software for any other use, nor shall the Customer sublicense the Software. The Customer shall not in any way translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, licence, distribute, market or otherwise dispose of any portion of the Software or any copies thereof and shall not assist any third party in doing so. The Software is designed to be used through the Company's whzan© user interface and, as such, may be utilized by any authorized user from any computer or workstation. This right is automatically revoked upon termination of the Services. The Company reserves the right to modify or discontinue the Software at any time without notice.

6. TERMINATION

6.1. By the Company and the Customer

6.1.1. Without limiting its other rights or remedies, each of the Company and the Customer may terminate the Contract with immediate effect by giving written notice to the other party if:

(a) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for solvent amalgamation of that other party with one or more companies or the solvent reconstruction of that other party;

(b) the other party (being an individual) is the subject of a bankruptcy petition or order;

(c) an application is made to court, or an order is made, for the appointment of an administrator over the other party (being a company);

(d) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

(e) any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events listed in Clauses 6.1.1 (a) to (d) inclusive; or

(f) the other party suspends or ceases to carry on all or a substantial part of its business.

6.1.2. Each of the Company and the Customer may terminate the Contract at their sole discretion by giving the other not less than thirty (30) Working Days' written notice.

6.2. By the Customer

6.2.1. The Customer may terminate the Contract with immediate effect by giving written notice to the Company in accordance with Clause 6.1.1 and if: (a) the Company is unable to supply the Services for which a payment has been made by the Customer within thirty (30) Working Days from the Commencement Date as set out in Clause 3(c); or (b) at its sole discretion within seven (7) Working Days of the Commencement Date in accordance with Clause 3(d).

6.2.2. The Customer may terminate the Contract by giving the Company not less than thirty (30) Working Days' written notice in accordance with Clause 6.1.2.

6.3. By the Company

6.3.1. Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect by giving written notice to the Customer in accordance with Clause 6.1.1 and if:

(a) the Customer fails to pay the Charges and/or Additional Charges within (twenty) 20 Working Days of the due date for payment;

(b) the Customer is in breach of any of their obligations under Clause 5 and fails to remedy such breach (where capable of remedy) within ten (10) Working Days of being notified by the Company to do so;

(c) access to the Services is suspended by the Company in accordance with Clause 8 for more than fourteen (14) Working Days; or

(d) a Force Majeure Event prevents the Company from providing the Services for more than two (2) weeks in accordance with Clause 11.3.

6.3.2. The Company may terminate the Contract by giving the Customer not less than thirty (30) Working Days' written notice in accordance with Clause 6.1.2.

7. EFFECT OF TERMINATION

7.1. Termination or expiry of the Contract for whatever reason shall not prejudice or affect any right of action or remedy which shall have occurred or shall accrue thereafter to either of the parties.

7.2. On termination or expiry of the Contract for whatever reason: (a) the Customer shall delete all software downloaded from the whzan© server; (b) the licence to use any software product downloaded from the Shop and thereby granted to the Customer in respect of the Service by the Company shall be revoked with immediate effect; (c) the Customer shall pay immediately all Charges and/or Additional Charges outstanding under these Terms and Conditions to the Company within (fourteen) 14 Working Days; (d) the Customer shall pay all amounts (if any) as and when such amounts shall fall due under the indemnity given in Clause 5.4.

7.3. If the Termination by the Customer happens in the middle of the prepaid period of one month, the Company will reimburse the Customer any Charges and/or Additional Charges that would have been due for the remaining but unused period. The reimbursement will be a proportion of the prepaid fee for the period in which the termination takes place.

7.4. Upon termination of the Services the Customer shall be bound to pay any outstanding amounts of the Charges in respect of the Services received up to and including the date of termination and the Company agrees to refund in full the difference between the Charges for the Services received up to the date of termination and the amount actually received by the Company from the Customer. The Customer acknowledges that invoices relating to any goods or services purchased from third parties by the Company on behalf of the Customer are non-refundable.

8. LIMITATION OF SERVICE

8.1. From time to time, the volume of data transfer between the Customer's devices and the Services may be limited either because of the chosen Service Package or any limitations placed on the service capacity by Third Party suppliers. The Company reserves the right to limit the data transfer volume thus available to the Customer according to the volume levels of the agreed Service Package and according to any volume limitations imposed by Third Party suppliers.

8.2. The Company shall be entitled to suspend access to the Services if the Customer is in breach of any of its obligations under Clause 5 and fails to remedy such breach (where capable of remedy) within five (5) Working Days of being notified by the Company to do so. This Clause shall not be construed in any way as limiting the termination rights of the Company.

8.3. If access to the Services is suspended as a result of downtime caused by routine or emergency maintenance by the Company, the Services shall be reconnected as quickly as practicable after, in the opinion of the Company, such circumstances giving rise to the need to suspend have ceased to exist.

8.4. Following a suspension of the Services pursuant to Clause 8.2, the Customer shall be obliged to apply for reconnection of access to the Service, but the Company shall not be obliged to reconnect access to the Service.

8.5. On receipt of an application to reconnect pursuant to Clause 8.4, the Company may do one of the following:- (a) reconnect as soon as reasonably practicable subject to payment of all previously outstanding Charges and/or Additional Charges and any amounts due; (b) specify additional reasonable terms required by the Company prior to agreeing to access to the Service; (c) refuse to allow access to the Service on the basis that the breach or instruction or event which led to the suspension of access remains in place.

8.6. The Customer will pay a Reconnection Charge of a minimum of £15 as may be required from time to time by the Company for reconnection to the Services.

8.7. The Customer may be required at the Company's discretion to remove all software downloaded from the whzan© servers provided the Customer is not legally obliged to keep the programs for a longer period. This Clause shall not prejudice or affect any other right of action or remedy or obligation which shall have occurred or shall accrue thereafter to either of the parties.

8.8. The Third Party Software is subject to separate terms and conditions of the supplier of such Third Party Software. The Customer is urged to carefully study such terms and conditions.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. All Intellectual Property Rights of the Company in any Service and ancillary documentation including these Terms and Conditions shall at all times remain vested in the Company.

9.2. In consideration of and subject to payment of the Charges by the Customer upon the Commencement Date, and the compliance by the Customer with these Terms and Conditions, the Company grants to the Customer on and from the Commencement Date until the termination of the Contract in accordance with Clause 6 of these Terms and Conditions, a revocable non exclusive licence to use the Service and ancillary documentation in accordance with this Clause 9.

9.3. Should the Customer be authorised by the Company to have the use of multiple service accounts for whzan©, the following user conditions shall apply to each account.

9.4. The Customer shall undertake to ensure that everyone who uses the Service shall observe these Terms and Conditions.

9.5. The Customer may take such back up copies of any software installations as is necessary in accordance with best computing practice. Help pages off the whzan© website may be printed out on paper for use in the Customer's security or quality procedures only.

9.6. The Customer shall not be entitled to use, copy, process or transfer any part of whzan© in a way other than that described herein to convert it into another form (Reverse-Assemble-Reverse-Compile) or in any other way translate any part of whzan©, if such conversion is not indispensably provided for by express legal regulations. The Customer shall not be entitled to rent out or lease the Service or assign or sub-licence the Service except as expressly agreed under these Terms and Conditions.

10. DATA PROTECTION

10.1. All information, mail messages and other data stored on the Company's computer systems or servers operated by the Company or caused to be operated by the Company including any computer clouds which may be used to provide the Service will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer obtained in advance in writing using e-mail communication and/or for the purpose of the Company's back-up services and/or providing the Customer with the Services and/or for the Company's own internal purposes such as market research. By proceeding to use the Company's Service the Customer consents that the Company may process the personal data that the Company collects from the Customer in accordance with the Privacy Policy. Please refer to our Privacy Policy for further details. Privacy Policy.

10.2. The Company expressly points out to the Customer that by agreeing to these Terms and Conditions the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. The Company cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and the Company recommends the use of encryption for transfer of sensitive data or information.

10.3. The Customer accepts that the Company will put its/his name on the Company mailing list for receipt of product and/or service information and other advertising material from the Company unless the Customer informs the Company at the time of registration for the Services that it/he does not wish to receive such material. The Company will however not use the names of individuals in any Company advertising material.

11. FORCE MAJEURE

11.1. For the purposes of these Terms and Conditions, "Force Majeure Event" means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm.

11.2. The Company shall not be liable to the Customer as a result of any delay failure in performing its obligations under this Contract as a result of a Force Majeure Event. The Company shall use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.

11.3. If the Force Majeure Event prevents the Company from providing the Services for more than two (2) weeks, the Company shall, without limiting its other rights and remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

12. COMPLAINTS The Customer should address any complaints concerning the provision of the Services to the Company via email as set out in Clause 16.6.

13. ASSIGNMENT

13.1. The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

13.2. The Customer shall not, without the prior written consent of the Company which shall not be unreasonably withheld, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

14. THIRD PARTY RIGHTS Nothing in these Terms and Conditions shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than the Company and the Customer, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15. IMPORTANT INFORMATION FOR REGISTRATION FOR THE SERVICES The following information is provided to Customers in compliance with EU Directive No. 2000/31/EC (the e-Commerce Directive) and the Companies (Trading Disclosures) Regulations 2008. The following are the steps to be taken by the Customer to register for the Services using the Company's www.whzan.com website:

• Registration by the Customer may only be effected in English.

• Registration will be acknowledged by the Company via email within twenty-four (24) hours.

• The Customer may check to see whether registration has been effected correctly and if necessary correct any errors.

• Once registration has been completed, all details will be filed by the Company and will be accessible to the Customer.

The www.whzan.com website is owned and operated by Solcom Limited, a company registered in England and Wales under company number 3525534 whose registered office is situated at Solcom House, 79 George Street, Ryde, Isle of Wight, PO33 2JF, United Kingdom. Our main trading address is Solcom House, 79 George Street, Ryde, Isle of Wight, PO33 2JF. Our VAT number is GB 717 5059 31. The Company may be contacted by post at its registered office address, through the www.whzan.com website, by email at one of the addresses set out in Clause 16.6 or by telephone on +44 (0) 1983 817008.

The Customer may contact the Company via the email support on the main whzan© website.

16. GENERAL

16.1. No delay, neglect or forbearance on the part of either party in enforcing against the other party any of these Terms and Conditions shall either be or be deemed to be a waiver in or in any way prejudice any right of that party under these Terms and Conditions, unless such waiver shall be in writing.

16.2. If a court or any other competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected.

16.3. The Customer is the only person having the right to access the whzan© Services.

16.4. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.

16.5. Each party shall treat as confidential all information received by it from the other party relating to the other party's business, customers, strategies and plans, and such information may only be used for the purpose of these Terms and Conditions and may only be disclosed in strict confidence to its professional advisers or any person to whom disclosure is required by law, to its employees or subcontractors where reasonably necessary for the purposes envisaged by these Terms and Conditions, and where otherwise specifically permitted by these Terms and Conditions.

16.6. All notices given by the Customer to the Company must be delivered via the email addresses listed below. The Company may give notice to the Customer at either the email or postal address provided to the Company when registering for the Services or by posting notices on the www.whzan.com website. For contractual purposes, the Customer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Company provides to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer's statutory rights. Notice will be deemed received and properly served immediately when posted on the www.whzan.com website, twenty-four (24) hours after an email is sent, or three (3) Working Days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. Notices to the Company shall be delivered by email as follows:

General notices not specified below:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Notice of Termination:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Change of Customer contact details:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Acceptance or Rejection of Charge Amendment Notification:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.