Terms of Use

Subject matter

This Agreement regulates all relations between:

ComTech Solutions Limited
First Floor, 6 Vine Street, St. Helier, Jersey JE2 4WB

(referred to hereafter as “CookieScan”) and the customer regarding the use of CookieScan services (the “Services”) under the URL cookiescan.com.

Please read these Terms of Service carefully before using the Services. These Terms of Service (collectively, with CookieScan’s Privacy Policy) apply to all users of the Services. If you are using the Services on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind such organisation to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organisation.

Buying or using CookieScan products or services implies that the user/customer has both read and accepted these Terms of Service. This is also indicated by a mandatory checkbox/dropdown during registration/purchase of membership. CookieScan reserves the right to change or modify the current Terms of Service without prior notice.

The Services

CookieScan Services allow you to display a pop-up notification box (the “Pop-up”) that can be used on your website for different purposes. It may be used to inform your website visitors (“End Users”) about your website Privacy Policy and cookie usage.

CookieScan is only the service provider, and it is your own responsibility to ensure correct settings and implementation of CookieScan are used on your website if you use it to comply with a certain law, regulation or directive — including but not limited to the EU’s General Data Protection Regulation (GDPR) and the EU’s ePrivacy Directive.

CookieScan offers a set of options for the Pop-up, which is constantly updating to ensure Services cover as many customer needs as possible.

Subscriptions

Purchasing a premium subscription gives you access to additional CookieScan functionality and premium support. All functionality you get is described on the Pricing page. By purchasing a subscription, you agree that:

• There is no warranty or in any other way any form of liability on the side of CookieScan.
• CookieScan reserves the right to offer discounts or permanent price changes at any moment, without prior notice.

Although the number of CookieScan items is not limited, the account that purchased the membership cannot be shared. Sharing or other methods which allow multiple users to access the same account are strictly forbidden and may result in termination of the account and support.

Free 14-day trial

Free trial users are not allowed to download or modify JavaScript files used to show the cookie pop-up warning message. Violation of those rules may result in termination of the account and the support that comes with the free trial.

Free trial users’ Pop-ups display a copyright text with a link to CookieScan.com which are not allowed to be removed. Trying to modify the source code and remove the link to CookieScan.com may result in termination of the account and free support.

Paid subscriptions

Standard and Premium subscription (“Paid subscription”) users are allowed to download, modify and publish the JavaScript files used to show the cookie pop-up warning message to fit the user’s purposes without any prior notice.

No affiliate links or copyright text is added for CookieScan items of Premium Subscription users. Premium Subscription users can also download unminified JavaScript files, which gives them full control over CookieScan items.

Paid Subscription duration, price and other limitations are described on the Pricing page and can be modified without prior notice.

Your Paid Subscription limitations and functionality are locked to your account during purchase and will not be changed later during the subscription period. After the subscription period finishes and needs to be renewed, the latest limitations and prices from the Pricing page will be applied to your subscription.

Payments

Payments may be completed through the Sagepay payment system. We do not store or share any personal information associated with a payment (such as credit card number, owner or expiration date). Some information available in Sagepay is stored on Sagepay as part of transaction history.

If a Paid Subscription period is limited, a periodic payment will be automatically created in Sagepay to extend your subscription when the initial subscription period is over. You can cancel this automatic periodic payment directly in Sagepay.

The exact price to be charged is calculated automatically using prices from the Pricing page and the billing information provided. The final charge, including all taxes, will be displayed before the order is made. The amount of GST, which may be added to the charge, is 5% of the total billing amount and will be added depending on the location and legal entity of the purchaser. According to European Union Council Directive 2006/112/EC, 5% VAT will be added if the purchaser:

• is from Lithuania, or
• is from within the European Union and does not have a European VAT ID.

Once payment is complete, you will receive a VAT Invoice with CookieScan company details.

Disclaimer

While CookieScan makes every effort to ensure that the content of this website is accurate, the website is provided ‘as is’ and CookieScan makes no representations or warranties in relation to the accuracy or completeness of the information found on it. While the content of CookieScan.com is provided with the utmost care and attention, we do not warrant that the information will always be up to date, be true and not misleading, or that this site will always (or ever) be available for use. This also includes any legal information related to cookie usage on websites.

We do not warrant that the servers that make this website available will be error, virus or bug free, and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading.

Nothing on this website should be taken to constitute professional or legal advice or a formal recommendation, and we exclude all representations and warranties relating to the content and use of this site. In no event will CookieScan be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

Warranty

CookieScan products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall the juridical person of CookieScan be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use CookieScan products or services.

We cannot guarantee that our products or services will function with all websites since some website creation services do not allow external JavaScript files to be included. This might result in incorrect functionality of CookieScan.

CookieScan is not responsible for any fines users might get for not following the EU e-Privacy Directive, the EU General Data Protection Regulation (GDPR) or any other laws, directives or regulations. It is the user’s own responsibility to make sure their website is compliant with the EU e-Privacy Directive and the EU General Data Protection Regulation. CookieScan is designed to provide the necessary technical means for adding a cookie pop-up message on a user’s website and clearing cookies before user consent (where possible). It is also the user’s own responsibility to maintain a GDPR-compliant Privacy Policy and Cookie Policy.

Though we cannot control all the sites or customers that use CookieScan, we do not support or allow the use of our products or services on adult or gambling sites or sites with illegal content.

Limitation of liability for loss or damage

In conjunction with the Disclaimer and Warranty as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of the services. CookieScan will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damage which may be incurred by you as a result of using our services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Support

All CookieScan users are eligible for free support provided by email. Support can be contacted using a Contact Form or using a Support Form on the account page.

While CookieScan makes every effort to ensure high-quality and fast support, sometimes it can take up to 72 hours to get a reply from CookieScan Support. In most cases during the day, users can expect an answer from CookieScan Support within a few hours.

In case of any bugs or errors found by users, CookieScan Support makes every effort to fix them.

CookieScan reserves the right to limit or cancel support in the following situations:

• Unreasonable behaviour by the client (such as bad language, racism, etc.);
• Continued or repeating (server) issues that cannot or should not be resolved by CookieScan;
• The client is not cooperative in providing additional details on the issues raised.

Refund policy

CookieScan offers a full money-back guarantee for a period of 7 days after purchase. In the case of a refund, the user’s account will be completely deleted.

Users have the option to trial CookieScan for 14 days, free of charge, to see if it works correctly on their website. Free trial users can also get a Paid Subscription for a limited time to test all Paid Subscription features and compatibility with their website.

In order to get a refund, the user must:

• Contact CookieScan Support and explain the reason for a refund;
• Give CookieScan Support the opportunity to fix a bug or error if a bug or error is the reason for the refund.

If the bug or error is related to CookieScan, CookieScan Support cannot fix the bug or error, and the user has met all the requirements above, the user can ask for a full refund (excluding possible transaction costs).

Termination

We have the right to terminate your access to any or all of our products and services at any time, without notice, for any reason — including, without limitation, breach of these Terms of Service. We may also at any time, at our sole discretion, discontinue the products, website or services or any part thereof without prior notice, and you agree that we shall not be liable to you or any third party for any termination of your access to the products, website or services.

Copyright and ownership

The customer may not claim intellectual or exclusive ownership to any CookieScan products, modified or unmodified. All products are and remain the property of CookieScan. CookieScan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us about the matter.

Other important terms

Each reference in these Terms of Business to “writing” and any similar expression includes electronic communication by email.

You may not transfer (assign) your obligations and rights under these Terms of Business (and under the Contract, as applicable) without our express written permission.

We reserve the right to vary these Terms of Business at any time. Any varied Terms of Business which in our reasonable opinion materially affect the interests of the Client will be notified to the Client.

If any of the provisions of these Terms of Business are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that provision shall be deemed severed from the remainder of these Terms of Business. The remainder of these Terms of Business shall be valid and enforceable.

No failure or delay by us in exercising any of our rights under these Terms of Business means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Business means that we will waive any subsequent breach of the same or any other provision.

Governing law and jurisdiction

These Terms of Business shall be governed by and construed in accordance with Jersey law, and you irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Jersey to deal with any claim, difference or dispute which may arise in connection with these Terms of Business.