Your use of this website is subject to the following terms and conditions. By using this website, you show your acceptance of these terms.
This website is owned and operated by Dequeue Ltd ("we or our"), whose registered office is Chancery Station House, 31-33 High Holborn, London WC1V 6AX, United Kingdom.
Please note that different terms and conditions apply for each of the products or services we supply through this website.
If you apply for any products or services from this website, the terms and conditions relating to the products or services will apply, rather than these Website Terms and Conditions.
The contents of this paragraph do not constitute an offer by us to sell products or services to you. Your request to purchase a product or services represents an offer by you that we may accept or reject. After you ask through this website to purchase the product or services, then assuming such product or services are available and your offer is accepted, you will receive confirmation of your purchase.
We reserve the right at any time, and without prior notice, to cease to supply any of the products or services referred to in this website and will not be liable to you in any way if we cease such supply.
The images and information contained in this website are copyright works and our exclusive property. Elements of this website may also be protected by trade mark, unfair competition, passing off and other intellectual property rights. Except for making a hard copy print for personal use only, or downloading the material for personal use only, the material on this website may not be copied, reproduced, transmitted, distributed or displayed by any means, without our express written consent. Nothing in this website shall confer on any person any licence or right to use any such image, logo, name or trademark.
The material contained in this website is provided for general information purposes only. Although we strive to ensure that the information contained is accurate and complete at the date of publication, no representation or warranties are made (whether express or implied) as to the reliability, accuracy or completeness of such information.
By accepting our Website Terms and Conditions, you consent that we may use the information you provide to conduct appropriate anti-fraud checks. To ensure that your credit, debit or charge card has not been used without your consent, we will validate name, address and other personal information you supply during the order process. In performing these checks, personal data you provide may be disclosed to a registered Credit Reference Agency, which may keep a record.
All information you provide will be treated securely and in accordance with the Data Protection Act 1998.
While we have taken care in the preparation of this website, the website and any information contained in it relating to its products or services are provided on an “as is” basis, without any representation or endorsement being made and without any warranty of any kind, including but not limited to, any implied warranties or satisfactory quality, fitness for a particular person, non-infringement, compatibility, security and accuracy.
In no event shall we be liable for any loss, damages or costs arising out of your use of this website or any action taken in reliance on information appearing on it. Nor shall we be liable for any loss, damages or costs arising out of any defamatory posting which may be made in the forum. We refer you to the forum terms and conditions which govern your use of the forum, which are set out at your entry to the forum.
We do not warrant that this website is free from infection by viruses or other matter that may contaminate or destroy your computer system. We do not warrant that the materials accessible from this website will be uninterrupted or error free or that this website, or the server that makes it available, are virus or bug free.
Certain links may lead you to websites that are not under our control. When you activate any of these links, you will leave this website and we have no control over, and will accept no responsibility or liability for, the material on any other website.
If you breach these website terms and conditions of use, and we do not take immediate action against you, we are still entitled to enforce our rights and remedies for any such breach or subsequent breach.
Unless otherwise specified, the products and services described in this website are available to residents throughout the world. The information contained in this website may not satisfy the laws of other countries and those who choose to access this website from other countries are responsible for compliance with local laws if they apply.
These Website Terms and Conditions and any terms and conditions relating to products or services described in this website are governed by the laws of England. Disputes arising in relation to them shall be subject to the exclusive jurisdiction of the courts of England.
Your use of the forum is governed by the forum terms and conditions which are set out on the first page of the forum. These terms and conditions exclude liability for any defamatory matter posted by any third party in the forum. We refer you to the disclaimer in paragraph 5 above.
If you are a copyright owner or an agent of copyright owner and believe that any user content or other content that is being made available on or through this website infringes your copyright, you may send a written notice of copyright infringement (“Notice”) to our Copyright Agent via email or by post with the following information:
The copyright agent for notice of claims of copyright infringement can be reached at the following email address: email@example.com.
You may not use this Website if you are under 18. Before being able to download the RSBot Software, you must confirm to us that you are over 18. You warrant that you will not give such confirmation unless you are indeed over 18.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE RSBOT SOFTWARE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS AGREEMENT. BY USING THE RSBOT SOFTWARE OR DOWNLOADING THE SOFTWARE UPDATE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE RSBOT SOFTWARE OR DOWNLOAD THE SOFTWARE UPDATE.
Dequeue Ltd ("Dequeue"), a company registered in England and Wales under Company No. 07584150, whoseregistered office is Chancery Station House, 31-33 High Holborn, London WC1V 6AX, United Kingdom.
You (you become a party by downloading the RSBot Software)
2.1. Subject to the terms and conditions of this Agreement, we hereby grant you a time limited, revocable, non-exclusive, worldwide licence to use the RSBot Software and other items supplied or made available by us, but only for use in connection with the RSBot Software. This Agreement is made, and becomes binding on both parties, when you download the RSBot Software.
2.2. You may not rent, lease, sell, redistribute or sub-license the RSBot Software and you may not transfer or assign your rights under this Agreement to anyone else.
2.3. The data and features made available to you through the RSBot Software will depend on the type of licence you have purchased.
2.4. You are not licensed to, and may not, download the RSBot Software if you are under 18 years of age.
2.5. At our discretion, we may make future Updates of the RSBot Software available to you. Updates, if any, may not necessarily include all existing software features.
2.6. We are entitled to suspend any service provided to you through the RSBot Software without notice where
2.6.1. we need to suspend access to the RSBot Software for maintenance or other similar reasons; or
2.6.2. you are in breach of this Agreement.
We will give you as much notice as possible of any suspension of service.
3.1. You are liable for any telephone or other communication charges and any charges made by your Internet service provider or any other third party as a result of your use of the RSBot Software.
3.2. You agree NEVER to leave the PC once you have accessed the RSBot Software nor to let anyone else use it on your behalf.
3.3. Whilst we will develop and implement reasonable security standards for regulating and controlling unauthorised access to the RSBot Software, we cannot and shall not be responsible for any loss or misuse of information contained therein caused by unauthorised third parties hacking into or otherwise obtaining access to your systems.
4.1. You agree neither to disaggregate the RSBot Software, nor to decompile the software used in making or operating the RSBot Software, nor to develop any database or any service from such disaggregation or decompilation.
4.2. You agree neither to modify nor reverse engineer the RSBot Software (or any part of it) nor to allow any third party to carry out any of these acts.
4.3. You agree not to use the RSBot Software for any unlawful purpose.
4.4. You will indemnify us against any losses whatsoever and howsoever arising as a result of your breach of this clause 4.
5.1. You agree that all intellectual property rights, including copyright, database rights, rights in confidential information and trade secrets, trademarks, service marks, and trade names, patents or design rights (whether registered or not and including applications for the same), in the RSBot Software shall remain our exclusive property.
5.2. We make available on the Website a subset of the code of RSBot Software (“the Subset”), so you can view it and understand how it works. By downloading the Subset, you agree we retain copyright in it, in the code of RSBot Software and in any developments of the Subset, which you return to us.
You may not use the Subset for any purpose other than as set out in this sub-clause. In particular, and without limitation, you may not use it for any commercial purpose whatsoever.
6.3. We will not be liable to you for any breaches you may commit of the Data Protection Act 1998 and you will indemnify us against any claims we may receive for any such breaches.
7.1. Your licence to use the RSBot Software comes into effect on the day you first download the RSBot Software.
7.2. Your licence to use the RSBot Software will terminate either:
7.2.1. at the time and date specified on the Website when you download the application;
7.2.2. at 2359 hrs on the day you download the RSBot Software without also obtaining a Trial or Activation Key; or
7.2.3. if you download the RSBot Software but for whatever reason are unable to install or activate it; or
7.2.4. if terminated according to the terms and conditions of this Agreement.
7.3. We may immediately terminate this Agreement and disable your access to the RSBot Software and its associated data:
7.3.1. if you are in breach of this Agreement, including not paying in full; or
7.3.2. if you cease business, become insolvent, commit any act of insolvency or become subject to any proceeding under an insolvency law or have a receiver appointed over your assets; or
7.3.3. if you challenge the validity of our Intellectual Property Rights in the RSBot Software; or
7.3.4. if you engage in conduct prejudicial to the marketing of the RSBot Software or to its reputation; or
7.3.5. if you assign or attempt to assign or transfer your rights or liabilities under this Agreement; or
7.3.6. under clause 7.4.
7.4. If we receive direction or advice from a regulator or suitably qualified legal expert that we should cease or amend the provision of the RSBot Software due to its non-compliance with legislation, regulations, codes or other industry or regulatory rules, we shall be entitled to either (i) modify the RSBot Software as necessary; or (ii) terminate this Agreement.
7.5. In the event that this Agreement is terminated pursuant to clause 7.3 or 7.4 above, we shall have no liability in respect of such termination, except in respect of any accrued claims up to the date of such termination. Termination shall not release any party from any obligation or liability incurred prior to the date of termination.
8.1. We do not make, and hereby disclaim, any warranty, express or implied, with respect to the RSBot Software or any other services provided under this Agreement including, but not limited to, fitness for a particular purpose of the RSBot Software.
If for any reason the RSBot Software does not work, we will, at your option: either (a) allow you to re-download the RSBot Software; or (b) replace the download for free; or (c) send you a refund of what you have paid for that download. You may apply for a refund by sending an email to firstname.lastname@example.org.
8.2. You agree that we shall not be liable to you (or to any third party claiming through you) for any loss or injury arising out of or caused (in whole or in part) if: (a) the RSBot Software is unavailable or suspended for any reason; or (b) the RSBot Software causes your PC or other systems not to work normally or at all; or (c) a claim of any sort is brought directly against you by Jagex Ltd.
8.3. You agree that we will not be liable to you (or to any third party claiming through you) for any loss of profits, revenue or goodwill, loss of anticipated savings, loss or corruption of data, even if such loss was reasonably foreseeable or if we had been advised of the possibility of you incurring the same.
8.4. You agree that we will not be liable to you (or to any third party claiming through you) for any special, indirect or consequential loss, even if such loss was reasonably foreseeable or if we had been advised of the possibility of you incurring the same.
8.5. If we are found liable to you under this Agreement, you agree that our maximum aggregate liability to you in respect of any direct loss (or any other loss to the extent that such loss is not excluded by this Agreement), whether such loss arises in contract or tort or otherwise, shall be limited to an amount equal to the total payments we have received from you in the year before you incurred such loss.
8.6. Nothing in this Agreement shall exclude or limit either party’s liability in respect of (i) death or personal injury caused by its negligence or that of its employees, agents or subcontractors or (ii) fraud or fraudulent misrepresentation.
9.1. Your right to a licence of the RSBot Software, pursuant to Clause 2.1, comes into effect when you download it. You become due to make payment under this Clause once you download a particular application, when you must pay the price of that application set out in the Website.
If, for whatever reason, we have not received payment in full once you download a particular application, we may immediately terminate this Agreement under Clause 7.3.1.
9.2. The price you pay for the RSBot Software is calculated on the basis that:
9.2.1. you pay by credit or debit card through the Website and
9.2.2. it is non-refundable for any reason once you have used RSBot Software in any way.
10.1. This Agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
10.2. Entire Agreement
10.2.1. This Agreement constitutes the entire understanding between you and us with respect to the subject matter hereof and supersedes all prior or contemporaneous discussions, understandings and agreements in regard thereto.
10.2.2. For the purposes of this clause a Pre-Contractual Statement means any agreement, undertaking, representation, warranty, promise, assurance or arrangement of any nature whatsoever (whether in written or draft form, including on the Website, and whether express or implied) made or given by any person (including intermediaries or introducers) at any time prior to the execution of this Agreement in connection with any of the matters dealt with in this Agreement.
10.2.3. Each Party hereby acknowledges that it has not entered into this Agreement in reliance upon any Pre-Contractual Statement which is not expressly set out herein and that this Agreement supersedes and extinguishes any prior Pre-Contractual Statements relating thereto and each Party hereby unconditionally and irrevocably waives any claims, rights or remedies whether arising in contract, misrepresentation, negligence, breach, statutory duty or otherwise arising by virtue of any Pre-Contractual Statement not set out herein, even where set out in the Website or any brochure.
10.3. Neither the RSBot Software nor its underlying information or technology may be downloaded or otherwise exported or re-exported: (i) to (or to any national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the US has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the RSBot Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such List or Table.
10.4. This Agreement may only be amended in writing by one of our duly authorised representatives.
10.5. If any provision of this Agreement shall be found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision that achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
10.6. We may assign or novate this Agreement governing the RSBot Software to any affiliated company or to any purchaser of all or part of our assets and you hereby consent to such assignment or novation.
BY USING THE RSBOT SOFTWARE AND DOWNLOADING THE SOFTWARE UPDATE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT
This Agreement applies from 26 April 2012.
2. Dequeue Ltd are committed to integrity and professionalism in all areas of our services and therefore we take our obligations under the Data Protection Act 1998 ("the Act") seriously. We will use all reasonable endeavours to protect your privacy and ensure that personal data is collected and processed in accordance with the Act and only as outlined below.
2.1. We may collect the following types of personal data from you if you buy products or services from us:
2.1.1. Your name, date of birth, address, email address, IP address and telephone number;
2.1.2. Details of your occupation.
2.2. When you are browsing our website, we may collect information about your computer, including your IP address, operating system. We may obtain information by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive and allow us to recognise your PC and your preferred settings. Most browsers can be programmed to reject, or warn you, before using cookies.
3.1. We will use your personal data for administrative purposes, including making a contract with you, billing you, receiving payment from you and carrying out services for you.
3.2. We may use the data you provide to conduct appropriate anti-fraud checks. To ensure that your credit, debit or charge card has not been used without your consent, we will validate name, address and other personal information that you supply during the order and payment process. In performing these checks, personal data you provide may be disclosed to a registered Credit Reference Agency, which may keep a record. This is done only to confirm your identity and no credit check is performed, and your credit rating should not be affected.
4.1. We will not provide your personal data to any third party unless
4.1.1. you specifically authorise us to do so; or
4.1.2. we need to do so in relation to a payment transaction with a credit or debit card company or in relation to a direct debit transaction with a bank or other financial institution or credit reference agency; or
4.3.3. we are required to do so by law or other binding regulation.
5.1. In line with current requirements under the Data Protection Act, 1998, we will retain your personal data for no longer than necessary.
5.2. We encourage you to provide full personal data and you agree to provide personal data which is in all respects true, accurate and up to date and is not misleading, deceptive or inaccurate.
6.1. We will take reasonable steps to protect the personal data under our control from unauthorised access, improper use and disclosure.
6.2. Even though we have taken reasonable steps to protect your data whilst it is being transmitted, we cannot guarantee the security of any data transmitted to us by the internet and any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to prevent unauthorised access.
7.1. The full extent of the personal data we hold on you is displayed in the Administration section of our website at www.powerbot.org. You may ask us to provide you with a copy of the personal data we hold about you for a nominal fee by sending an email to email@example.com. For your protection, we may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if your identity is not established to our satisfaction.
8.1. The contact details of our Data Protection Compliance Officer are:Dequeue Ltd