ESET IRELAND
- THESE TERMS
- What these terms cover
These are the terms and conditions on which we supply our ESET products (“Software”) and/or the Help-Desk Service to you. - Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Software and/or the Help-Desk Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Using the website www.ESET.com/ie (“Website”), or by placing an order for the Software via the Website, by telephone, email or post, indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use the Website and/or make an order for the Software.
If you think that there is a mistake in these terms, please contact us to discuss. - Consumers only
- These terms and conditions apply to consumer customers only. If you are a business, separate terms and conditions will apply to the supply of Software and/or the Help-Desk Service.
- By making a purchase for the Software under these terms and conditions for consumers, you warrant to us that you are a consumer customer, (being an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession). It is a condition of any contract made in accordance with these terms and conditions that you are a consumer customer. If we find out that you are a business customer, (meaning a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf), then we may terminate the contract.
- What these terms cover
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are
We are ESET Ireland, the exclusive distributor in Ireland of ESET operated by Vernet Limited, a company registered in Ireland. Our company registration number is 612037 and our registered office is at ESET House, Westgate, Wexford Y35 TH7W. Our registered VAT number is IE 3510802LH. - Our head licensor
We are licenced by our head licensor, ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic (“ESET, spol. s r.o.”), to grant you access to the Software and, before you can use the Software, you will also need to agree to ESET, spol. s r.o.’s relevant end-user licence agreement or other licence terms included with the Software (“Licence Agreement”). - How to contact us
You can contact us by telephoning our customer service team on 053 9146600 or by emailing us at sales@eset.ie or through our website www.eset.ie - How we may contact you
If we have to contact you, we will do so by telephone or by emailing you at the email address you provided to us in your order.
- Who we are
- OUR CONTRACT WITH YOU
- How we will accept your order
- Our acceptance of your order will take place when we email you to confirm that we have accepted it (“Acceptance”), at which point a contract will come into existence between you and us. Our Acceptance will include details of your username, password and the licence key with Software installation instructions.
- If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the Software. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Software. - Your order number
We will assign a unique licence number to your order and tell you what it is in our Acceptance. It will help us if you can tell us the licence number whenever you contact us about your order. - Sales outside Ireland
We may, at our sole discretion, accept or refuse orders from outside Ireland. If you do purchase Software from us, you accept that the Help-Desk Service is provided from within Ireland and in the English language only.
- How we will accept your order
- THE SOFTWARE
- Intellectual Property Rights in the Software
All intellectual property rights in the Software are owned by our head licensor, ESET, spol. s r. o. and/or its licensors. ESET, spol. s r. o. reserves all rights to the Software, save as expressly granted under the Licence Agreement. - Licence Agreement
We are licenced to grant you access to the Software, but subject to you agreeing to enter into the Licence Agreement with ESET, spol. s r. o. As such, the Software supplied by us should not be installed until you have agreed to the terms of the Licence Agreement. The Software is licensed, not sold (which means that you do not acquire ownership of the Software, but only acquire the right to use it as detailed in the Licence Agreement.
The Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that:- this is permitted in the Licence Agreement; or
- applicable law expressly allows such a right which cannot legally be excluded by contract.
- Licence Period
Your right to use the Software will be time limited. The term of your use of the Software will commence on the date of your agreement to the Licence Agreement and will continue for the period of time confirmed in our Acceptance (“Licence Period”), unless terminated earlier in accordance with these terms and conditions. - Updates to the Software
- During the Licence Period, and under the condition that you have entered into the Licence Agreement, we will provide periodical updates to the Software so as to continually protect your device(s) against viruses or malware. No prior notification of such updates will be given and therefore we require you to fully comply with your obligations under clause 4.5.1 to ensure that such updates are successfully received by your device(s).
- Where the Licence Agreement ends for any reason, we will immediately cease to provide any updates and, as a consequence, your device(s) may not be protected against viruses or malware. Where the Licence Agreement ends for any reason, you must therefore fully comply with clause 4.5.2 and we will have no liability to you for loss suffered if you fail to do so.
- Your obligations in respect of the Software
You must fully comply with the following obligations throughout the Licence Period:- You must ensure that all of your devices have access to the internet to receive our updates under clause 4.4.1. We will have no responsibility where you suffer a loss because we have been unable to update the Software on your device(s) due to you failing to comply with this clause.
- If the Licence Agreement ends for any reason, you must immediately remove the Software from your device(s). If you continue to use the Software on your device(s) you acknowledge and accept that no further updates will be sent by us under clause 4.4 and as a consequence, your device(s) may no longer be protected against viruses or malware and you therefore do so entirely at your own risk.
- Intellectual Property Rights in the Software
- THE SERVICES
- Technical support services
Subject to the following conditions, we are able to offer you, at no charge, a help-desk service to assist you with any problems that you might have with installing the Software and a technical support help-desk service during the Licence Period to use the Software (“Help-Desk Service”):- the Help-Desk Service will be supplied during normal business hours (8.30 am to 5.00 pm GMT Monday to Friday excluding bank holidays) and will cover only the following scope: email, chat and telephone support, which will assist in addressing ESET and Malware related issues related to installation and maintenance and by supplying you with trouble shooting advice and/or the appropriate documented (known) solution(s).
- in providing the Help-Desk Service we will provide the services with reasonable care and skill, however as there is no charge to you for using the Help-Desk Service, the services will be provided without any warranty, guaranty or representation of any kind whatsoever.
- it is your sole responsibility to back up all your data, software and programs before making use of the Help-Desk Service.
- as the Help-Desk Service is a complementary service, we will be under no obligation to supply the Help-Desk Service and we reserve the right to withdraw, suspend or to terminate the Help-Desk Service at any time.
- we cannot guarantee any response times when you make an enquiry of the Help-Desk Service.
- by making use of the Help-Desk Service, you agree that we will have no liability to you whatsoever for any loss or liability that you may suffer and which arises from your use of or our provision of the Help-Desk Service except where such loss or liability is due to any negligent act or omission on our part; and
- where the Licence Agreement ends for any reason, we will have no further obligation to provide the Help-Desk Service to you. We may suggest that you renew your Licence Agreement and may assist you to do so, however we will have no liability for any loss suffered by you during any period in which the Licence Agreement has ended and/or as described in clauses 4.4 and/or clause 4.5.
- Additional optional services
If you require technical support services beyond those set out in clause 5.1, then any such additional service may be supplied subject to you entering into a separate agreement with us for the provision of our premium technical support service.
- Technical support services
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the Software you have ordered please contact us.
We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Software, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
- If you wish to make a change to the Software you have ordered please contact us.
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the Software and/or the Help-Desk Service.
We may change the Software and/or the Help-Desk Service:- to reflect changes in relevant laws and regulatory requirements; and/or
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Software and/or the Help-Desk Service.
- Updates to the Software
We may update or require you to update the Software, provided that the Software (following any update) will always match the description of it that we provided to you before you bought it. - Updates to these terms and conditions and/or the Licence Agreement.
We may update these terms and conditions and/or the Licence Agreement from time to time to reflect changes in relevant laws and regulatory requirements. If we do update these terms and conditions and/or the Licence Agreement, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any Software paid for but not received.
- Minor changes to the Software and/or the Help-Desk Service.
- PROVIDING THE SOFTWARE
- When we will provide the Software
We will make the Software available for download by you as soon as we accept your order. We will continue to supply the Software to you until the Licence Period expires (on the condition that you have entered into the Licence Agreement under clause 4.2) or you end the contract as described in Clause 9 or we end the contract by written notice to you as described in Clause 11. Delivery of the information referred to in clause 3.1 will be to a valid e-mail address submitted by you. You must check your email address details on any Order Acknowledgement we provide and notify us without delay of any errors or omissions. We will have no liability for failing to provide the Software where you have not fully complied with clause 8.3 below.
We will provide the Help-Desk Service as detailed in clause 5. - We are not responsible for delays outside our control
If our supply of the Software and/or the Help-Desk Service is delayed 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. 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 any Software you have paid for but not received.
Examples of events outside our control include, but are not limited to:- strikes, lock-outs or other industrial action; or
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- impossibility of the use of public or private telecommunications networks.
- What will happen if you do not give required information to us
We may need certain information from you so that we can supply the Software and/or the Help-Desk Service to you, for example, a valid email address and the full name of the person who will enter into the Licence Agreement and use the Software. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the Software and/or the Help-Desk Service late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. It is your responsibility to inform us if your information changes during the term of the contract, even where we have not asked for it, and we will have no liability for any loss you suffer as a result of us being unable to provide the Software and/or the Help-Desk Service, any periodic updates to the Software and/or any auto-renewal under clause 8.6 as a result of you not promptly providing us with such updated information. - We may suspend supply of the Software and/or the Help-Desk Service if you do not pay
If you do not pay us for the Software when you are supposed to (see clause 13.4), we may suspend supply of the Software and/or the Help-Desk Service until you have paid us the purchase price in full for the Software. We will contact you to tell you we are suspending supply of the Software and/or the Help-Desk Service until we have received full payment for the Software in cleared funds. - We may suspend supply of the Software and/or the Help-Desk Service if you use the Software on more devices than you have paid for under your order for the Software
If you use the Software on more devices than you have paid for under your order for the Software, we may, at our sole discretion either:- suspend the supply of the Software and/or the Help-Desk Service until you have paid for all such additional use in full; or
- terminate the contract in accordance with clause 11.1.4
- When we will provide the Software
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us
Your rights when you end the contract will depend on whether there is anything wrong with the Software and/or the Help-Desk Service, how we are performing and when you decide to end the contract:- If the Software you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Software repaired or replaced or to get some or all of your money back), see clause 12;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
- If you have just changed your mind about the Software, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
- Ending the contract because of something we have done or are going to do.
If you are ending the contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any Software which has not been provided and you may also be entitled to compensation. The reasons are:- we have told you about an upcoming amendment to these terms and conditions and/or the Licence Agreement under clause 7.3, which you do not agree to;
- we have told you about an error in the price or description of the Software you have ordered and you do not wish to proceed;
- there is a risk that the supply of the Software and/or the Help-Desk Service may be significantly delayed because of events outside our control;
- we have suspended the supply of the Software and/or the Help-Desk Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013)
- For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 in relation to Software are explained in more detail in these terms. We allow our consumer customers a 30 day “cooling-off period”, which is more generous than the 14 day period under the Consumer Contracts Regulations 2013. This does not, however, affect your legal rights under statute, please see clause 12.2.
- When you don't have the right to change your mind
Under the Consumer Contracts Regulations 2013, you do not have a right to change your mind in respect of the Software after you have started to download or stream it, however we offer more favourable terms and allow you to change your mind within the 30 day “cooling off period” even after you have downloaded and begun using the Software. - How long do I have to change my mind?
- You have 30 days after the day you receive our Acceptance, to change your mind and receive a full refund of the purchase price for the Software. If we delivered the Software to you immediately, and you agreed to this when ordering, you would not normally have a right to change your mind under the Consumer Contracts Regulations 2013, however as we offer our consumer customers more favourable terms, you may change your mind within the aforesaid 30 day “cooling-off period” even after you have downloaded and begun using the Software.
- Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but sums may be due from you for the period in which you have used or had access to the Software. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the period under the Licence Agreement during which the Software will not be provided to you.
- You can always end your contract with us
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:- Phone or email. Call customer services on 053 9146600 or email us at sales@eset.ie Please provide your name, details of the order and email address.
- How we will refund you
We will refund you the price you paid for the Software by the method you used for payment. However, we may make deductions from the price, as described at clause 9.6 and below. - When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- Tell us you want to end the contract
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it
We may end the contract for the Software and/or the Help-Desk Service at any time by writing to you if:- you warrant that you are a consumer under clause 1.3 and enter into a contract under these terms and conditions as a consumer customer, but we have reasonable grounds to believe that you are a business customer and/or are acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf.
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Software and/or the Help-Desk Service.
- you use the Software on more devices than you have paid for under your order for the Software and fail to pay for all additional usage when requested to do so by us.
- you fail to enter into, or materially breach the terms of, the Licence Agreement.
- you fail to fully comply with your obligations under clause 4.5.
- the Software is discontinued and/or it becomes not possible for us to supply the Software for any reason; or
- You must compensate us if you break the contract
If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Software we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it
- IF THERE IS A PROBLEM WITH THE SOFTWARE
- How to tell us about problems
If you have any questions or complaints about the Software and/or the Help-Desk Service, please contact us. You can telephone our customer service team at 053 9146600 or email us at sales@eset.ie - Summary of your legal rights
We are under a legal duty to supply Software and/or a Help-Desk Service that is in conformity with this contract. See the Consumer Rights Act 2022 for a summary of your key legal rights in relation to the Software. Nothing in these terms will affect your legal rights.
- How to tell us about problems
- PRICE AND PAYMENT
- Where to find the price for the Software
The price of the Software (which includes VAT) will be the price indicated on the order pages of our Website when you placed your order. We take all reasonable care to ensure that the price of the Software advised to you is correct. However, please see clause 13.3 for what happens if we discover an error in the price of the Software you order.
The Help-Desk Service is provided free of charge. - We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the Software, we will adjust the rate of VAT that you pay, unless you have already paid for the Software in full before the change in the rate of VAT takes effect. - What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the Software we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Software's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Software's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require you to immediately cease to use any Software provided to you. - When you must pay and how you must pay
We accept payment with most credit and debit cards, excluding American Express and/or Diners Club International. You must pay for the Software before you download it.
We may refuse to send our Acceptance with your username, password and the licence key with Software installation instructions until we have received full payment for the Software in cleared funds.
- Where to find the price for the Software
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. - If defective Software which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation
However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. - We are not liable for business losses
The Software and/or the Help-Desk Service is supplied to you for domestic and private use only. If you use the Software and/or the Help-Desk Service for any commercial, business or re-sale purpose (if applicable) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are responsible to you for foreseeable loss and damage caused by us
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- How we may use your personal information
We will only use your personal information as set out in our privacy policy, available on our web site.
- How we may use your personal information