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Effective from 1 July 2012
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website www.random.org and its related sites including, without limitation api.random.org, to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.
1.1 We operate the website www.random.org and its related sites including, without limitation api.random.org (together the Site). We are Randomness and Integrity Services Limited, a company registered in Ireland under company number 489434 with our registered office and trading address at Unit 20, 2 Waterloo Road, Dublin 4, Ireland. Our VAT number is 9769936F.
2.1 After placing an order, you will receive an acknowledgement that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we accept it.
2.2 The Contract will relate only to those orders for Services which we accept. We will not be obliged to supply any other Services.
2.3 We reserve the right to refuse and/or to cancel any orders at our discretion. In the event that we cancel any order by you our sole liability to you shall be the refund of the fee paid by you in respect of any such Service.
2.4 Where any order for Service is accepted, the purpose for which the Service is provided (such as a random draw or similar event) is referred to as an Event in these terms of service.
If your request for a subscription is accepted, you will be responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. If you believe that your account or password is being or is about to be used by anyone else, other than those authorised by you to do so, you should inform us immediately via email@example.com.
4.1 The price of the Services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. You will be charged in the currency as indicated in the checkout phase, which, if not the currency your account, will be converted into the currency indicated when processed. We are not responsible for any additional charges that may apply.
4.2 Prices may include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
4.3 Whilst we try to ensure that all prices on our Website are accurate, errors may occur. If we discover any error in the prices of the subscriptions you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.
4.4 Product prices and delivery charges are liable to change at any time.
4.5 Payment for all Services must be by PayPal unless otherwise agreed.
5.1 You acknowledge that we are the owner of the mark ‘RANDOM.ORG’ (Mark).
5.2 Where you use our Services in respect of any Event, we grant you a limited, non-exclusive and revocable licence to use the Mark solely for the purpose of indicating that the Services have been used by you in relation to the Event. Such use is subject to the terms of this clause 5.
5.3 Any use of the Mark is subject to your complying in all material respects with such clause 6.
5.4 You undertake that you shall not use the Mark in such a manner as may be misleading or that may bring the Mark into disrepute. You shall not do, or omit to do, or permit to be done, any act which will or may weaken, damage or be detrimental to the Mark or the reputation or goodwill associated with the Mark or us, or which may invalidate or jeopardise any registration of the Mark. You hereby indemnify us from all losses, costs and damages (including without limitation loss in profits, damage to reputation or goodwill or otherwise) which may suffer, directly or indirectly, from your use of the Mark in contravention of this clause or any other misuse of the Mark.
5.5 Without prejudice to the foregoing, we may revoke any licence to use the Mark by person by giving notice to you by email or by publishing such revocation on the Site at any time. In such event, you shall immediately cease to use the mark and delete, remove or destroy all reference to the Mark which are under your control.
6.1 Use of the Services is subject to your compliance with, and you hereby undertake that you shall comply with, such standards of conduct in respect of any Event as may be published on the Site from time to time. Such standards of conduct are designed to ensure the integrity and fairness of each Event. In the event that you have any queries or suggestions in respect of any code of conduct, you may contact us at firstname.lastname@example.org.
7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY EXCLUDES:
(a) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
(b) ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
(c) UNLESS OTHERWISE AGREED, ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
(d) OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.
7.2 Subject to clause 7.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services.
7.3 Subject to clause 7.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
7.4 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to email@example.com. We may give notice to you by e-mail to the address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website or, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
14.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
14.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
14.4 Nothing in this clause limits or excludes any liability for fraud.
15.1 We have the right to revise and amend these terms and conditions from time to time.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.