TERMS OF SALE AND CONSUMER INFORMATION ,For Europe, Middle East and Africa (“EMEA”) only ,Please read the following Terms of Sale (“Terms”) carefully.
They contain very important,information about Your rights and Your obligations.
By placing an order for products and/or,services (collectively “Item(s)”) on the Website, You acknowledge that You have read,,understood and agreed to these Terms.
These Terms of Sale do not affect any statutory rights that,You have as a consumer under any applicable local or EU law.,These Terms govern and apply to all online transactions for Items with Symantec,(“Transaction”) on Symantec’s websites (including Norton Store, Norton Account and any,other website operated by or on behalf of Symantec, collectively the “Website”).
“Symantec”,means Symantec Limited, maintaining its principal place of business at Ballycoolin Business,Park, Blanchardstown, Dublin 15, Ireland, with commercial registration number 159355 and,VAT registration number IE6557355A (references to "us", "we" or "our" being construed,accordingly).
“You” or “Your” refers to the individual who has placed an order through the,Website.
Any policy or materials specifically referred to in the Terms are incorporated hereto by,reference.
,1.
Order and Acceptance.,1.1 Purchase Order and Activation Process on Norton Store,1.1.1 To place an order for Items on Norton Store:,-First visit Norton Store at: ie.norton.com.
,-Select the Items You wish to order.
,-Proceed to checkout, either i) with Your Norton account.
or ii) as a new customer, by,creating one;,-Complete all information requested, choose Your preferred payment method among,payment methods available, and enter your payment information.
,-Review the details of Your order prior effectively placing Your order and confirm Your,agreement with the Terms of Sale, EULA and Privacy Policy.
,-Once You have placed Your order by clicking on the “Pay Now” button or any other,similar button, You will immediately receive an automatically generated electronic,acknowledgment of receipt containing the order number and the details of Your order.,-Shortly after, we will send You an order confirmation by e-mail containing the order,number and the details of Your order.
,-A download link for the Item selected may also be made available to You depending on,Your order.,-Please review Your Item service period.
Some Items service/subscription service period,may commence at the point of purchase, while others may commence at download or,installation of the Item on Your device(s).
In either case, please install and activate Your,Item immediately after purchase by following the instructions provided by email, and,read the documentation and EULA that governs Your use of the Item (see section 5,below).,1.1.2 Alternatively, You can call Norton Support, and a Symantec representative will assist You,through the entire purchase order process, from Item selection to checkout.
As for the online,order, You will be given the opportunity to review Your order prior to submitting it to us and,You will receive an order confirmation email.
,1.2 Acceptance of Order,1.2.1 An Item order submitted by You (by clicking on the “Pay Now” button or any other similar,button) constitutes Your offer to Symantec to purchase, subscribe to and/or enroll in the selected,Item pursuant to these Terms (“Order”) and is subject to processing and acceptance by,Symantec.
You understand and agree that any automatically generated acknowledgment of,receipt of an order does not constitute Symantec’s acceptance of Your Order.Symantec’s,acceptance of Your Order takes place and becomes effective and the Transaction is,completed only when Symantec sends You a confirmation email of Your Order, accepts,Your payment and delivers the Item (“Acceptance”).
,1.2.2 Any Item and related information, such as prices, displayed and/or referred to on the,Website are subject to change, availability and do not constitute an offer by Symantec.
,1.2.3 Symantec expressly reserves the right to reject Your Order or Transaction.
In this case, we,will refund any prior payment that You have made for that Item and we may also cancel or,restrict access to the applicable Item.
,1.2.4.
While Symantec maintains records of Orders and retains them for a reasonable period,,Symantec also recommends that you retain a printed or electronically saved copy of these Terms,with a copy of your Order in your own files.,2.
Your representations,2.1 You must be at least eighteen (18) years old, have legal capacity to enter into a contract with,Symantec, and use the Website in accordance with the Terms.
,2.2 You should ensure that all information You provide when placing Your Order is up to date,,accurate and sufficient for us to fulfil Your Order.,2.3 If You are a new customer, before being able to place Your Order, You may be required to,create an account with Symantec and provide accurate information that includes an e-mail,address and a telephone number at which You can be contacted.Please note that Your email,address is our preferred method of contact for information related to Your Order such as receipt,of Your confirmation email, billing notifications, and future information related to Your account,and/or Order(s).,2.4 Your account is personal and you can find specific details regarding Your Transaction and/or,Items by logging into Your account at Norton.com/account.,2.5 You should ensure that Your personal information that is retained in your account is accurate,and updated, as needed.
Failure to update your contact information may mean that we cannot,reach you for important notifications about Your Transaction, Item and/or payment information.,Such information (and any passwords for the purposes of accessing the Website and/or,Transaction) should be kept secure against unauthorized access.
,2.6 You must comply with the Item terms and conditions and applicable usage rights as stated in,the applicable EULA as specified in section 5, and You must comply with any device limitation,as stated in Your Order for the Item ordered.,3.
Price, Payment Terms and Payment Methods.,3.1 Prices for Items are displayed on the Website.
Final sale prices payable for Items are those in,effect at the time of Acceptance, unless expressly agreed otherwise.
,3.2 Despite our efforts, occasionally an error or inaccuracy in the price or description of an Item,may inadvertently occur on the Website.
In such case, Symantec will contact You for,instructions before delivery where You will have the option to (i) either cancel Your Order at no,cost, and obtain refund of any prior payment that You have made for the Item or.
(ii) to proceed,with Your Order based on the corrected price or description of an Item.,3.3 Symantec reserves the right to withdraw any discount and/or to revise any price on the,Website or for our Items at any time prior to Acceptance of Your Order.
Any price changes will,not affect an order that has already been accepted by Symantec, except if You expressly agree,otherwise.
The final Item(s) price will be reflected prior to Your confirmation of Your Order.
,3.4 The places or countries where Symantec deliver Items to are as listed on the Website,("Territory").
Unless otherwise specified*, prices quoted on the Website are: ,(i)Exclusive of costs of shipping or handling to the place of delivery within the Territory,(charges for which are referenced on the Website), if applicable.
and ,(ii)Exclusive of VAT and any other applicable taxes which (where applicable) must be,added to the price payable (charges for which are referenced on the Website).,*Prices quoted on EU country Websites are inclusive of VAT.,The final Item(s)price reflected prior to Your confirmation of Your Order will be inclusive of the,above mentioned costs, VAT and any other applicable taxes.,3.5 You agree to pay any applicable VAT, taxes, shipping or handling for the Items as specified,on the Website when You submit Your Order.
Shipping and handling costs are generally not,applicable for orders delivered electronically.
Any cost associated with accessing the Website is,Your responsibility and is dependent on the Internet service provider used by You.
,3.6 Payment may only be made using any of the payment options specified on the Website.,Depending on Your location, we currently accept American Express, Mastercard Visa,credit/debit card payments and PayPal.
We may also allow customers to make payment by a,bank transfer.
,3.7 Symantec reserves the right to use authorized third parties to assist certain payment,processing and transactional functions, which may include the use and secured transfer of Your,personal and/or payment information.
Your information will never be shared for any other reason,without Your consent.
Symantec also reserves the right to change and amend authorized third,parties.
Our use of third parties benefits You by allowing us to offer a variety of payment,methods and decrease failed Transactions.,3.7 For online payments, with Your consent and in accordance with our Privacy Policy, we retain,Your payment information that You provide to us and store it in Your Norton Account.,Symantec uses Your payment information to bill and renew Your purchase, and may suggest use,for any subsequent purchases.
This is to help facilitate Your Order(s) and Transaction(s) without,prompting You to re-enter Your payment information.
You may review, edit or delete Your,personal and payment information that is securely stored in your account at Norton.com/account,and change your billing profile.,3.8 Payment will be charged upon delivery of the Item or, in the case of an automatic renewing,Item, approximately fifteen (15) days before Your renewal date.
We will notify you by email,before the occurrence of Your automatic renewing charge with details such as the renewal price,,reminder of Your payment method, and the date when the charge will occur.
You may,unsubscribe or opt-out of the automatically renewing subscription at any time by logging into,your account at Norton.com/account, or contacting Norton Support.
,3.9 Symantec reserves the right to verify credit or debit card payments prior to its Acceptance of,Your Order.
You agree that Symantec may obtain and continue using updated credit card,account information electronically, when applicable, from the card brands and retry failed card,payment in order to complete the Transaction, including but not limited to retrying failed cards,with extended expiration dates.,3.10 For offline payments, You must provide theautomatically generated electronic,acknowledgment of receipt or confirmation email containing the details of Your Order to Your,payment institution to complete Order.
Your Order may be revoked within a certain number of,days, if you do not fulfill Your payment or transfer successfully.,3.11 No set-off or counterclaim may be deducted from any amount payable by You to Symantec,without written consent of Symantec.
,4.
Delivery and Risk of Loss and Damage.,4.1 Delivery times and dates referenced to on the Website or in any communications from,Symantec are estimates only.
All Items are only delivered to You electronically or by phone,,there is no packaging.
Delivery takes place immediately of Symantec’s Acceptance of Your,Order and no later than thirty (30) days from the date You submitted Your Order to Symantec,through the Website.
In the unlikely event that we are unable to deliver within that time, You,will have the option to either (i) allow us more time to complete Your delivery.
or (ii) cancel,your Orderand obtain refund of any prior payment that You have made for that Order.,4.2.Delivery shall be to a valid electronic address (email address) within the Territory submitted,by You and subject to Acceptance ("Delivery Address").
You should check the Delivery,Address on any acknowledgement of receipt or acceptance we provide and notify us without,delay of errors or omissions.,Symantec may charge You for any extra costs arising from changes you make to Your Delivery,Address after You submit an Order.
Changes that You make to the Delivery Address after,submitting an Order may cause a delay in the delivery of your Order.
,4.3 All risk in the Items, including risk of loss or damage, passes to You upon delivery or when,the Items are placed in Your possession.
,4.4 You should carefully check Items upon delivery to ensure that they are in satisfactory,condition, in accordance with their description and complete.
You may return ordered Items in,accordance with the Terms and any applicable Returns Policy referred to on the Website where:,(i) Items or any part thereof have been damaged or lost in transit.
(ii) there are defects in Items,(not being caused by Your use of the Items outside of their intended or recommended use or,outside our instructions).
(iii) Items do not match their description.,We shall not be responsible for any damages or losses: (i) arising from defective installation of,the Items by You.
(ii) from the use of the Items in connection with other defective, unsuitable or,defectively installed equipment which has not been supplied by us.
(iii) Your negligence,,improper use of the Items or use in any manner inconsistent with the instructions.,4.5 If You refuse or fail to take delivery of Items provided in accordance with these Terms, any,risk of loss or damage shall nonetheless pass to You, and Symantec shall be entitled to,immediate payment in full for the Items delivered, without prejudice to any other rights or,remedies Symantec may have.
,5.
Software Item License,Each software Item referred to on the Website is licensed by us to You subject to the relevant,end-user license agreement, as well as other license terms regarding third party software that,may be included in our software Items (“EULA”).
Your use of software Item is explained and,governed by such EULA.
You must read, understand and agree to be bound to the terms of,EULA before placing an order and using the software Item.
Please visit,http://www.symantec.com/en/uk/about/profile/policies/eulas/for the full list.,6.
Withdrawal Rights, Returns and Refunds,6.1Statutory Withdrawal Rights, Return and Refunds applicable to European Economic Area,countries (“EEA”) and Switzerland only,6.1.1 Within the EEA and Switzerland, You have a statutory right to withdraw from the contract,(wholly or partially) for any or no reason at any time within fourteen (14) calendar days of the,day You receive the order confirmation email (“Withdrawal Period”).
,6.1.2 To exercise this right of withdrawal, You must inform us, prior to expiration of the,Withdrawal Period, of Your decision to withdraw from the contract by an unequivocal statement,(or by completing the withdrawal form foundhere), using our contact details as set out in clause,15.3.1.,6.1.3 If You withdraw from the contract in accordance with the present section, Symantec will,refund to You all payments made as part of Your Order within fourteen (14) calendar days from,the day on which You informed Symantec about Your decision to cancel the contract.
Refund,will be made using the same payment method that You used for placing the Order, unless we,both have expressly agreed otherwise.,6.1.4 IMPORTANT NOTICE:You will not be able to exercise Your withdrawal right where:,(i) in the case of electronic software download products, youhave downloaded Your products,,afterYou have expressly consented to immediate performanceof the contract and,acknowledged that You will lose Your right of withdrawalfrom the contract once the,download of Your product has begun.
,(ii) in the case of services, after theservices have been fully performed if performance has,begun withYour express request for immediate performanceof the services and Your,acknowledgement that You will lose Your rights of withdrawal from the contract once the,services have been fully performed.
If the services have not been fully performed, and You have,requested the performance within fourteen (14) days from the date of the order confirmation,email, You will be charged an amount proportional to the services provided until the time You,have informed us of Your decision to withdraw from the contract.
,Contact us as set out in Section 15.3.1 below if anything is not clear to You.
,6.2 Symantec’s Withdrawal, Return and Refunds policy,Independently of any statutory rights, Symantec offers a money-back guarantee on most Norton,branded consumer Items from the Website, if You are not satisfied with the Item for any reason.,Eligibility for a refund may depend on the type of Items, subscription term, duration since the,Transaction, where it was purchased etc.
These money-back guarantees are further described in,our Return Policy, we invite You to consult here.
,Contact us as set out in Section 15.3.1 below if anything is not clear to You.,6.3 For the avoidance of doubt, in the event You decide to withdraw from the contract or seek a,refund, Your claim will be treated by default as an exercise of Your statutory withdrawal rights,for the purposes of these Terms, if eligible.
In that case Your refund will be in accordance with,Section 6.1.
Please note You will not then be eligible to also make a claim under Symantec’s,Return Policy.
,6.4 If you are not eligible to receive a refund under Your statutory withdrawal rights, You may,still be eligible to claim under Symantec’s Return Policy.
If so, then Your refund will be in,accordance with Section 6.2.
,6.
5 Please be reminded that if You decide to withdraw from the contract, You must uninstall and,delete the software and all copies from Your device(s) and Symantec has the right to disable,Your software including copies to prevent further use.
In Your withdrawal communication you,must confirm.
We may also request You to sign an electronic letter of destruction confirming,that you have uninstalled, deleted and have not made any copies of the software that you have,deleted .
,7.
Duration ,7.1 You will benefit from Your Item for the duration You have contracted for.
,7.2 Please review Your Item service period.
Some Items service/subscription service period may,commence at the point of purchase, while others may commence at download or installation of,the Item on Your device(s).
In either case, please install and activate Your Item immediately,after purchase by following the instructions provided by email, and read the documentation and,EULA that governs Your use of the Item (see section 5 above).,7.3 Your contract will automatically renew at the renewal dates, if You have i) subscribed to a,recurring subscription.
or ii) enrolled in automatically renewing billing feature to turn Your,initial fixed-term subscription into a recurring subscription.
,You may unsubscribe or cancel automatic renewal at any time in Your Norton Account or by,contacting Norton Support.
If You unsubscribe or opt-out from the automatically renewing,billing feature, You will not be charged for the next-renewal period but Your subscription will,still be active for the remaining period You have already paid for.
except in some countries,where, the termination will have immediate effect and will give the right to a pro-rated refund,subject to one (1) month notice, but this exception is not applicable for termination of the initial,term.
For further details, contact the Norton Support.
,7.4 For any other type of Transaction, unless otherwise advised to You, Your contract will,continue for the duration You contracted for as specified in Section 7.1, unless You decide to,discontinue Your use of the Item by uninstalling and deleting the Item from Your device.
,7.5 The sections 7.1, 7.3 and 7.4 are without prejudice to the withdrawal and refund rights as set,out in section 6 of these Terms.,7.5 No charges are applicable for unsubscribing, cancelling or terminating.
No refunds will,apply, except as set out in section 6, section 10 and for some countries section 7.3.,7.6 If You fail to pay any amount by the due date, we may, in respect of any Item for which,payment has not already been received by us: (i) suspend or stop any Items deliveries.
and/or (ii),by written notice terminate Your Order and all or any other contracts between us and You.,8.
Privacy.,Please reviewSymantec’s Privacy Policywhich governs Your visit to the Website, any,Transaction and/or any related information and which, by placing an Order on the Website, You,effectively consent to be bound by.
,9.
Unauthorized Items and Brand Protection.
,9.1 You maynotalter, unbundle or break the Items down to components for distribution,,transfer, resale or any other purposes.
You arestrictly prohibited from separating a license key,from the associated software Item and transferring the license key to a third party for any,purposes.
,9.2 There may be technical protection measures in our Items.
Such measures are designed to,prevent unlicensed or illegal use of our Items.
By using our Items and/or, You are deemed to,have agreed that Symantec may use these measures to protect Symantec against software piracy.,9.3 All Items must be obtained in the first instance from Symantec (or via Symantec’s authorized,partners, as applicable).
If, in Symantec’s reasonable judgment, the original acquisition of Items,from Symantec (or via Symantec’s authorized partners, as applicable) occurred using a,fraudulently obtained payment methods or any other unauthorized means, Symantec has no,obligations to provide support services and/or to allow continued use of the Items in question.
,9.4 Symantec reserves, in its sole discretion, the right to reject Orders, Transactions and/or,deactivate the Items which have been obtained through or for any unauthorized means, or is,otherwise in violation of the relevant EULA.
,9.5 Items are valid for use in the region where You purchased, subscribed and/or enrolled.
They,are not intended for use in other regions, and the ability to use, install and/or activate Symantec,Items are limited by the location You purchased, subscribed to or enrolled in that Item, subject to,applicable laws.
,10.
Warranty.,10.1 As a consumer You may have certain statutory rights under your national laws, including,legal guarantees relating to faulty or non-conforming products and services thatbecome apparent,within a minimum of two (2) years, or as provided by Your national laws, from delivery of the,products and/or services.
Nothing in these Terms will affect these legal rights.
,10.2 Symantec does not make any other promises or warranties about the Items, except as,provided in Section 10.1, Section 6, or as otherwise set out in the applicable EULA or terms of,service.
,10.3 For the avoidance of doubt, in the event You make any warranty or legal guarantee claim to,Symantec, Your claim will be treated by default as an exercise of Your statutory legal guarantee,rights under Section 10.1 for the purposes of these Terms, if eligible.
Please note You will not,then be eligible to also make a claim under Symantec’s Return Policy or under any applicable,EULA or terms of service.,11.
Limitation of Liability.,11.1 Nothing in these Terms shall exclude Symantec’s liability for death or personal injury,caused by its negligence, or any other liability which cannot be excluded by law.Otherwise the,liability of Symantec to You or any other third party shall be limited to the price You paid,for the Items.
,11.2 Symantec is not responsible for indirect or consequential losses.
Symantec shall in no event,be liable for loss of data, loss of or damage to property or any losses related to any business of,the customer including, but not limited to, lost revenue, lost profits or business interruption.
,11.3 Some countries do not allow the limitation or exclusion of liability for incidental or,consequential damages so the above limitations or exclusions stated in section 11.2 may not,apply to You.
,12.
Proprietary Rights.,Symantec retains ownership of all proprietary rights in the Items and the Website, and in all trade,names, trademarks, service marks and other intellectual property rights associated or displayed,with the Items.
You shall not remove, deface or obscure any of Symantec’s copyright or,trademark notices and/or legends or other proprietary notices on, incorporated therein, or,associated with the Items.
,13.
Force Majeure.,Symantec shall not be responsible for any failure to perform due to unforeseen circumstances or,to causes beyond Symantec's reasonable control, including but not limited to acts of God, war,(whether declared or not), riot, embargoes, acts of civil or military authorities, terrorist attack or,threat of terrorist attack, fire, floods, accidents, strikes, lockouts, failure of public or private,telecommunication networks and infrastructure or shortages of transportation, facilities, fuel,,energy, labor or materials.
In the event of any such delay, Symantec may be excused from such,performance to the extent it is delayed or prevented by such cause.
,14.
Export Regulation.,You acknowledge that the Items, and related technical data and services (collectively,,“Controlled Technology”) may be subject to the import and export laws of the United States,,specifically the U.S.
Export Administration Regulations (EAR), and the laws of any country,where the Controlled Technology are imported or re-exported.
You agree to comply with all,relevant laws and will not export any Controlled Technology in contravention to U.S.
law nor to,any prohibited country, entity, or person for which an export license or other governmental,approval is required.
All of the Controlled Technology are prohibited for export or re-export to,Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions,,including Afghanistan and Iraq.Use or facilitation of Symantec Items in connection with any,activity including, but not limited to, the design, development, fabrication, training, or,testing of chemical, biological, or nuclear materials, or missiles, drone or space launch,vehicles capable of delivering weapons of mass destruction is prohibited, in accordance,with U.S.
law.,15.
General.,15.1 Applicable law, competent jurisdiction and dispute,These Terms will be governed by the relevant laws of England and Walesandwe both agree to,the non-exclusive jurisdiction of the courts of England over these Terms and any matter related,to them.
Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You,may have under existing consumer protection legislation or other applicable laws in Your,jurisdiction.
If a dispute arises between You and Symantec, we strongly encourage You to first,contact us directly to seek a resolution by contacting Norton Support.,15.2 Modification of Terms,Symantec may change these Terms at any time without notice, effective upon its posting to the,Website.Any such changes will not affect an order that has already been accepted by Symantec,,except if You expressly agree otherwise.
Every time You order items from us, our most recent,Terms of Sale in force at that time will apply to the contract between You and us.
,15.3 Contact details,15.3.1 Should You have any questions concerning these Terms, if You experience any problem,with Your Order, if You need help or if You desire to contact Symantec for any reason, please,write to: Norton Support Services, PO Box 5689, Dublin 15, Ireland, or visit the Norton Support,contact page for Your country or region at,https://support.norton.com/sp/en/ie/home/current/contact.
While a call with Norton Support will,not be charged by Symantec, any rate associated with calling Norton Support is Your,responsibility and is dependent on the telecom provider used by You.
,15.3.2 The Website provides useful information to self-help your experience about our Items.,Visit the Support page at: https://support.norton.com/sp/en/ie/home/current/info.
,15.3.3.
For our corporate details, please visit:,http://www.symantec.com/en/uk/about/profile/contact.jsp.,Last modified: 30 / 03 / 2016