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Delivery. We may not be able to deliver to all locations. Please consult our App or Website for locations to which we will deliver your Device. If Datamars does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order. The Device will be your responsibility from the time we deliver it to the address you gave us. The costs of delivery to you or a third party nominated by you, will be set out in your Order or, if delivery costs are not listed in the Order, as communicated to you separately. We are not responsible for delays outside our control. If we are delayed in delivering the Device to you by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and work with you to rearrange a time period for delivery. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Device. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Device from the location identified by us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. Returning the Device. If you change your mind, then unless we agree otherwise, you are responsible for arranging return to us and the associated costs. You must send off the Device within 14 calendar days after the day which you told us that you changed your mind. How we will refund you. We will refund you the price you paid for the Device including any standard delivery costs (if we delivered the Device to you). However, we may make deductions from the price, as described below. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Device if this has been caused by your handling of it in such a way that goes further than is necessary to check the nature, characteristics and functioning of the Device. If we refund you the price paid before we are able to inspect the Device and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount as specified by us; and If we arranged delivery of the Device to you, and you chose a method of delivery other than the less expensive one, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. When your refund will be made. We will make any refunds due to you within 14 calendar days from the day on which we receive the Device back from you or, if earlier, 14 calendar days from the day on which you provide us with evidence that you have sent the Device back to us. If we have offered to collect the Device, we will refund you through the original method of payment within 14 days of your telling us that you have changed your mind. Terms relating to your Subscription Your Subscription By purchasing a Subscription, you agree that you are over 18 years old. If you are under 18, please ask your parent or guardian to purchase the Subscription instead. You can select one of Subscription packages available for customers by Datamars. Information about our Subscription packages is available on the Website. Your Subscription begins on the date you receive confirmation from us, and will be billed either monthly, if you have purchased the Monthly Subscription, or billed upfront, if you have purchased the Annual Subscription. The length of your Subscription, the Minimum Term and the renewal period depends on the Subscription package you select. Details regarding your Subscription term and status can be viewed and managed in your account settings. To use the Datamars Services you must have Internet access and a Supported Device and provide us with one or more Payment Methods as described below in the Payment, Billing, & Price Changes Section below. Cancellation & Refunds of Your Subscription You can cancel your Subscription by following the steps set out below. Unless prohibited under applicable law, the Monthly Subscription has a Minimum Term. Unless you are exercising your ‘Right to cancel’ as set out in Section 6.4 below, the Monthly Subscription cannot be cancelled or terminated by you during the Minimum Term. Unless you cancel in accordance with the provisions under Section 6.5 below: your Monthly Subscription will renew each month after the initial Minimum Term; your Annual Subscription will renew each year. Right to Cancel your Subscription. You can contact us within 14 calendar days of starting your Subscription to cancel your Subscription and receive a refund as follows: to exercise your right to cancel, you can either: (a) click the ‘cancel subscription’ button on your account settings; or (b) contact us during the same period to let us know you would like to cancel. We will provide with a written confirmation of your cancellation as soon as reasonably possible. You can also send us a completed model cancellation form (example shown at the end of these Terms). The Subscription starts immediately after your purchase as requested by you at the time of purchase (by clicking the relevant box before payment). If you have used your Subscription during the 14-day cancellation period before contacting us to cancel your Subscription, you must pay us the amount proportionate to the services supplied before cancellation. Cancellation of your Subscription. After you have completed the Minimum Term of your Monthly Subscription, or if you have an Annual Subscription, you can cancel your Subscription by clicking the ‘cancel subscription’ button which can be found in your account settings. After the Refund Period (except where you are entitled under law) your Subscription fee is non-refundable and Datamars will not provide a refund or credit for partially used Subscriptions. If you have any problems with the Services or your Subscription, please contact us here. If you cancel your Subscription, your access to the Datamars Service will end on the day before your next billing date. Service, Device, & Content Limitations Your Subscription to use and enjoy Datamars comes with some limitations. Datamars content is regularly updated. We may add or remove Content from the Datamars Services, provided that such changes do not materially affect the user experience. We may suspend or terminate your Subscription if you are in serious breach of these Terms. General terms applicable to the Device and your Subscription Payment, Billing & Price Changes You can pay with your credit card or debit card, which, if you have a Monthly Subscription, we’ll charge each month your Subscription is active. Payment Methods. You may pay for your Subscription using a valid Visa, MasterCard, or Visa Electron credit card or debit card, PayPal or other online payment system, (each a "Payment Method"). You agree that your selected Payment Method will be charged by Datamars when you subscribe. You agree to pay all amounts due at the time you place your Order. Confirmation of your Order will be sent to the email address on file for your account. If you use an international credit card to purchase a Device, the Device price will be charged and processed in local currency. If the same Device is returned, the refund will also be processed in the same currency. If you use an international credit card to purchase a Device, your credit card company may additionally charge a foreign transaction fee on top of the Device price. Updating your Payment Methods. You may update your Payment Methods in your account settings. Following any update, you authorise us to continue to charge the applicable Payment Method(s). Monthly Billing Cycle. Monthly Subscription fees, and any other charges you may incur in connection with your use of the Datamars Services, will be charged to your Payment Method on a monthly basis. Device Prices. The Device price displayed on the Website does not include any shipping charges, nor does it include any Subscription fee. All prices include applicable VAT and/or sales taxes. Taxes. Applicable taxes will be included in the price of the Device and may not be separately presented at checkout or on the Device description page before you place your order and may not be separately itemised on the purchase confirmation of the email confirming receipt of your order. Price Changes. We can update the price of the Subscriptions from time to time. If we do so, we will provide you with at least 30 days’ notice of the change. If you are not happy with the change and you would like to cancel your subscription, please follow the steps set out in Section 6.5 above.
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