Terms and Conditions

WhosMyOwner Web Site Agreement

Important! These terms of service (tos) and terms and conditions govern your use of this site. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.

WhosMyOwner is a service, and WhosMyOwner.com is a web site, owned and operated by Datagate Systems Limited, a UK limited company. Unless otherwise specified, the term WhosMyOwner within these terms and conditions shall be used to refer to all three entities.

WhosMyOwner may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

1. Use of the Site
Limitation of Liability

In no event will WhosMyOwner be liable for

(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if WhosMyOwner or its authorised representatives have been advised of the possibility of such damages, or

(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, WhosMyOwner’s liability is limited to the greatest extent permitted by law.

WhosMyOwner makes no representations whatsoever about any other web site which you may access through this one or which may link to this site. When you access a non-WhosMyOwner web site, please understand that it is independent from WhosMyOwner, and that WhosMyOwner has no control over the content on that web site. In addition, a link to or from a non-WhosMyOwner web site does not mean that WhosMyOwner endorses or accepts any responsibility for the content, or the use, of such web site.

We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts or linking or integrating your site, computer or other property with WhosMyOwner. We will be happy to offer support and assistance where possible to resolve any issues your site may have. However, it is you responsibility to ensure that you always have a backup of your files, databases and other information before making any changes.

2. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Datagate Systems Limited (trading as WhosMyOwner), its affiliates or other third party licensors.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

3. Indemnification
You agree to indemnify, defend and hold harmless Datagate and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Miscellaneous
Our software has been tested to make sure that it works seamlessly with a typical modern web browser on a desktop or laptop computer, or a mobile device. However, because there are millions of combinations of browsers and devices, we can not guarantee WhosMyOwner to work with any particular combination. We will work with all users who report any problems to us to resolve the problem. Where our software depends on external service providers, for instance to deliver email or short message service (SMS) notifications, we will make our best efforts to ensure that these are uninterrupted and reliable, but we accept no responsibility for any negative effects resulting from loss, delay, or interruption related to our use of such services.

5. Liability
We accept no responsibility for any damage or loss of earnings to your blog or web site in any instance when using Datagate’s products. It is your responsibility to keep a regular backup of your own database and/or files so that if the worst does happen, you can use your backup to minimise the impact.

6. Site Access
If you experience a problem that can not be fixed by following our instructions, it may be required that we access your site, or our site using your account, to test, isolate and rectify / advise you of our findings. Failure to supply or allow access will result in us being unable to assist you.

7. Refund Policy
We want you to be happy with your purchase. If you have any questions, concerns, or problems, please contact us.

In the event, however, that you decide your purchase was not the right decision, we want to make things right. Within 30 days of any purchase, we will refund the full price.

Simply contact us via our contact form and let us know you’d like a refund. No refunds are provided after more than 30 days following purchase.

If you have purchased a PayPal Subscription, you can also terminate your WhosMyOwner membership just by cancelling your subscription on PayPal’s web site.  PayPal will notify us and we will inform you by email that your account is no longer active.  We will include a link to allow you to close your account immediately. We will suspend your account immediately and schedule it for closure after 7 days without a subscription.  We will notify you again 24 hours before closing your account, in case you want to reinstate your subscription.

8. Software License
Only the WhosMyOwner account holder is licensed to operate the account, meaning log in and manage account settings, or perform other tasks on the protected web site. You can distribute your WhosMyOwner tag code to others, and you can manage notification settings for up to two people. You cannot distribute your account details to anyone: each person using WhosMyOwner need to have a separate license and account.

We reserve the right to suspend or close the account of any user(s) found to be sharing or otherwise misusing a license.

9. Privacy Policy
All details obtained during registration, ordering or other activity on our site are held with the strictest confidence. We use external payment processors (for instance, PayPal), so that we never handle your credit card or banking details. We will never sell or give your information to any third parties. We will never pass your information to any third party except in the course of operating the service, or when compelled by law.

10. Affiliate Sales
Anyone found to be committing fraud will have their affiliate accounts suspended and all funds frozen.

Affiliate commission will be reversed for refunded sales and will be reported as a negative sale in the sales report.

11. Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Datagate will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Datagate considers insecure, Datagate will be entitled to require the password to be changed and/or terminate your account. If our software detects a break-in attempt using your account, we may temporarily lock your account to protect your information and the service. If you require access to the account while is is suspended, you should contact us using the contact form on the web site. If we detect a wider break-in attempt not specifically targeting your account, we may temporarily suspend access altogether while we investigate.

You must not use the same, or a substantially similar, password on WhosMyOwner as you use on any other web site, system or device. We accept no responsibility whatsoever for loss or damages resulting from a third party guessing, or otherwise obtaining, your WhosMyOwner password, then using it directly or indirectly to impersonate you, or to gain unauthorised access to any other web site, system, account or device.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Datagate reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Datagate reserves the right to investigate suspected violations of these Terms of Use.

12. Customer Support
We provide customer support via Contact Us page. We try to reply to all customer support queries within 2 business days (Mon-Fri). We have a very good track record of providing excellent customer support. Please note that we do not currently offer support via instant messaging or telephone.

Our support contract is simple, we give support to whoever purchased the product from us. We will only ever talk to the person who directly purchased from us. If you are using a 3rd party agent, he/she will have to go through you as we won’t recognise that person. If we find that you are illegally distributing the product to your clients sites (each of your clients will need a separate license) then we will take action.

We reserve the right to deny support if you are found to be misusing our customer support policy or spamming online forums. IP addresses are recorded to detect accounts that are being shared. We reserve the right to block shared or misused accounts. If you distribute WhosMyOwner to clients without buying licenses for them (each of your clients need to have a separate license) then we will revoke your license and block all access to our site.

13. Technical Support
We provide technical support via Contact Us page. Technical support questions need to be very specific to troubleshooting issues only (where a feature is not working as stated). If an advertised feature doesn’t work as advertised then you can describe the issue and we will look at it and fix it as needed. We cannot teach/consult you on how to use WhosMyOwner as part of our technical support; we do provide detailed instructions for this on the web site. We also cannot give you all kinds of project specific customization support for free. That is not what we call “free technical support”. If you have requirements that we consider out of scope for our free technical support, we will advise you of this, and depending on circumstances we may be able to offer paid professional services.

14. Account Activation
Depending on what type of product you buy, you may need to activate your account when you first set it up. In most cases this works by you submitting a form on our web site, and receiving an email containing your login details and / or an email confirmation link. You should simply follow the instructions in the email to access your account. If you do not receive the email, even in your Spam folder, or if the link does not work, you should contact us using the Contact form on the web site, and we complete your account setup as quickly as possible.

15. Product Delivery
Our digital products are delivered instantly via a download link within your account on our web site, or via email to your inbox. On rare occasions an email can get delayed or missed or it can end up in your junk folder. If you do not receive an email containing the product download links within a few hours after the order, please contact us and we will send you fresh download links.

From time to time we may offer physical products for sale. You can order these online and we will deliver them, or arrange for delivery, via the postal service or a courier. Delivery is typically within 10 working days unless otherwise stated, and may be longer if your item requires personalisation.

16. Terms of Service / Terms & Condition Changes
Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions.