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  1. For the purposes of these Terms and Conditions, the following definitions will apply:
    1. “Purchaser” includes the person(s) who purchased the software, any person or people who subsequently installed the software and those people whose systems are affected and/or infected by a machine that has the software installed.
    2. “Software” includes the packages known as Heimdal or Eset, or any later generation of those software packages that replaces, incorporates or relies on those packages or the code that was used to develop them.
    3. “The Company” refers to Cell Phone & Computer Security or its owner Internet Marketing Services Ltd, or the directors and shareholders, the agents, officers and/or employees of Cell Phone & Computer Security or Internet Marketing Services Ltd.
  2. The Purchaser of the software understands malware and computer viruses are an ever evolving problem that users face and while software can be developed to respond to the threat, no security software is 100% effective 100% of the time against all malware attacks.  If fact the instant that security software is released, international experience is that the time taken for a tailored virus or malware to be developed is decreasing almost daily.  For that reason the Purchaser agrees to indemnify the Company from any harm or loss suffered as a result of a breach of their computer system where the Software can be shown to have been operating within expected parameters at the time of the attack.
  3. Further the Purchaser, by purchasing the Software acknowledges receipt of these Terms and Conditions, and indemnifies the Company from the result of any illegal use or distribution of the Software or any unforeseen effects of its use or misuse.
  4. Further where the Company, in defending such a claim, is able to prove contributory negligence on the part of the Purchaser, including but not limited to incorrect installation of the Software, compatibility issues between the Software and other installed software, and hardware conflict between the Software and the system on which it is installed and/or interacts with, then the Purchaser will reimburse the Company all costs it incurs in relation to raising a defence against any claim whatsoever.  Those costs to include, but are not limited to, consequential losses, damage to reputation and loss of earnings that are attributable to the action brought.
  5. Where the Purchaser is able to prove that use of the Software has caused the Purchaser to suffer a loss of any kind whatsoever, the Company liability will be limited to the purchase price of the Software plus any ongoing subscription fees plus any reasonable legal expenses incurred in bringing their claim.
  6. However, in an effort to avoid unreasonable expenses being incurred, the Purchaser and the Company agree to attend mediation facilitated by a New Zealand Law Society recognised mediator, the cost to be borne by the Company.  All parties agree to attend mediation with an open mind and agree to be bound by the findings of the mediator.  Where agreement is not possible, civil action can be taken by either party in accordance with the law of New Zealand.
  7. The Purchaser acknowledges that because of the rapidly evolving nature of virus and malware attacks, the Company will not be held liable for any loss or damage that results where the Software has not been updated to ensure that it is running the latest version at the time of the attack.  In addition, any claim against the Company must be brought to the Companies attention no later than 10 working days after the day that the attack occurred or the day that most recent software update was available, whichever occurs first.
  8. These terms and conditions are governed by and construed according to the current laws of New Zealand.  The parties hereby submit to the exclusive jurisdiction of the Courts of New Zealand.