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Last updated on 1 August 2020.
These subscription terms (‘Subscription Terms’), our website terms of use (‘Terms of Use’), our Privacy Notice and Cookie Policy will govern your access to and use of the website www.random.org, as well as the websites listed here (together the ‘Site’), including any content, functionality, and services offered by us through the Site.
Please read these Subscription Terms carefully and make sure that you understand them, before ordering any Services from the Site. If you do not agree to these Subscription Terms or the Terms of Use, then you must not use this Site or order services from it.
You agree that by ordering any of our Services, you agree to be bound by these terms and conditions, you confirm that you are at least 18 years of age and, if you are acting on behalf of a company, that you are authorised to bind that company to these Subscription Terms.
If there is a conflict between the Terms of Use and these Subscription Terms, the terms of these Subscription Terms that apply to that Service shall take precedence to the extent of such conflict. Any term used but not defined in these Subscription Terms has the same meaning given to it in the Terms of Use.
We will email a copy of these Subscription Terms to the email address associated with your account. We also recommend that you print a copy of these Subscription Terms for future reference.
1.1 After placing an order for Services (‘Order’), you will receive an acknowledgement that we have received your Order (‘Order Acknowledgement’). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer by you to us to buy a Service. All Orders are subject to acceptance by us. The contract between us will only be formed when we accept it and will comprise the relevant Order, the Terms of Use, these Subscription Terms, any payment terms that we may agree with you in writing and, if applicable, our Data Processing Addendum (‘Contract’).
1.2 The Contract will relate only to those Orders which we accept. We will not be obliged to supply any other Services.
1.3 We reserve the right to refuse and/or to cancel any Orders at our discretion, up until such time as we accept the Order and you receive email confirmation of acceptance (‘Order Confirmation’), at which point the Contract is formed and is legally binding. In the event that we cancel any Order by you our sole liability to you shall be to refund the fee paid by you in respect of any such Order.
1.4 Where any Order is accepted, the event for which the Service is provided (such as a random draw or similar event) is referred to as an Event in these Subscription Terms.
2.1 You may purchase Services on a once-off or subscription basis. The price of the Services and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error. You will be charged in the currency as indicated on the Site in the checkout phase, which, if not the currency of your payment method, will be converted into the currency indicated on the Site when processed. We are not responsible for any currency conversion charges that may apply.
2.2 Prices may include VAT. 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.
2.3 While we try to ensure that all prices on the Site are accurate, errors may occur. If we discover any error in the prices of the Services 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 of the amount paid by you.
2.4 Product prices and delivery charges are liable to change at any time, however this will not affect any Contracts in existence at the time of the price change.
2.5 Payment for all Services must be by one of the payment methods displayed on our Site (‘Payment Method’) unless otherwise agreed.
2.6 Pre-Pay Services
(a) Subject to clauses 2.7 and 2.8, the default mechanism for purchasing Services from the Site is pre-pay credit (‘Pre-Pay Credit’). If you use Pre-Pay Credit, your Payment Method will be charged at the time you place your Order, your account will be credited with the amount that you have pre-paid and you will be able to access the Services (up to the value of your account balance) immediately. The balance on your account may be used for access to certain Services, and your account balance will be debited by the value of such Services in accordance with the general billing principles for that Service, which will be brought to your attention in advance of you using such Service.
(b) Pre-Pay Credit does not expire, however if you purchase Services to be used within a certain timeframe (‘Service Credits’), those Service Credits will expire on expiration of the relevant timeframe and you will be charged for all Service Credits that you purchased, including unused Service Credits.
(c) If you purchase a Pre-Pay subscription (‘Pre-Pay Subscription’), you acknowledge that, if indicated, your subscription may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You will select the amount by which your credit balance should be automatically topped up (‘Renewal Value’) as well as the frequency with which the Renewal Value will be applied (‘Renewal Level’). Your Payment Method will be charged the Renewal Value when your account balance reaches the Renewal Level. In respect of recurring subscription payments, you will receive an email reminder in advance of your Payment Method being charged. We will charge the Payment Method you used when you created your renewal subscription, unless otherwise agreed. We may submit periodic charges (e.g. at the chosen subscription frequency) until you provide prior notice of cancellation (in accordance with clause 4) or wish to change your payment method. Such notice will not affect charges before RANDOM.ORG could reasonably act. You will be billed either (i) in advance or (ii) retrospectively, depending on the Services you have ordered. Your account will be credited with the amount that you have pre-paid and you will be able to access the Services (up to the value of your account balance) immediately. The balance on your account may be used for access to certain Services, and your account balance will be debited by the value of such Services in accordance with the general billing principles for that Service, which will be brought to your attention in advance of you using such Service.
2.7 Payment for Quota Purchase
Quota Purchase services may only be purchased in advance, and may not be purchased using the Pre-Pay Credit or Pre-Pay Subscription options. If you are placing an Order in respect of a Quota Purchase, you will billed at the time that you place the Order. If we do not accept your Order, you will be refunded using the Payment Method used by you to place the Order.
2.8 Alternative payment options
We may agree with you in writing that you may pay for Services using alternative payment methods. This option is at our sole discretion, and is subject to your acceptance of the payment terms that we provide to you and your compliance with these Subscription Terms and the Terms of Use. If you would like to discuss alternative payment methods and payment terms with us, please email us at contact@random.org, prior to placing your Order on the Site. Any discussions that we may have with you in respect of such alternative payment terms shall not be legally binding until such time as we provide you with an Order Confirmation which sets out those payment terms.
2.9 If any payment from you is outstanding for a period of 4 days or more, we may suspend your access to the Services without further notice to you. If this occurs, please contact us by email at contact@random.org. We reserve the right to terminate these Subscription Terms if you repeatedly breach this provision.
3.1 If you are contracting as a consumer (i.e. other than for purposes of your business or trade), you may cancel a Contract at any time within fourteen (14) days, beginning on the day after the Contract is concluded (‘Cooling-off Period’). In this case, you will receive a full refund of the price paid for the Services.
3.2 To cancel a Contract, you must inform us in writing. This can be done by emailing us at contact@random.org. You must also refrain from accessing or using the Services and delete any files that you may have downloaded in connection with the Services. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.3 We may provide you with access to the Services prior to the expiration of the Cooling-off Period, if you provide your consent for us to do so. You agree that if you provide such consent, this means that you will lose the right to later cancel the Contract pursuant to this clause 3. If you select the Pre-Pay Credit or the Pre-Pay Subscription option, the service is deemed to commence immediately and you acknowledge that by selecting this option, you are waiving your right to cancel the Contract during the Cooling-off Period. This does not affect your statutory rights.
3.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Acknowledgement. This provision does not affect your other statutory rights as a consumer.
To cancel your subscription, you may (i) log on to your account and follow the cancellation procedures there, or (ii) send us a message at contact@random.org and we will do it for you. If you decide to cancel we recommend you do so at least 24 hours prior to the scheduled subscription payment date as subscriptions may be cancelled without charge as long as RANDOM.ORG receives your cancellation prior to the scheduled subscription payment being processed. This is subject to change but we will let you know if there is a change in our cancellation policy.
5.1 You acknowledge that we are the owner of the marks ‘RANDOM.ORG’, ‘RandomOrg’ and other associated marks used on the Site (‘Marks’).
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 Marks 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 Marks is subject to your complying in all material respects with these Subscription Terms.
5.4 You undertake that you shall not use the Marks in such a manner as may be misleading or that may bring the Marks 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 Marks or the reputation or goodwill associated with the Marks or us, or which may invalidate or jeopardise any registration of the Marks. If you are a non-consumer user of the Services, you hereby indemnify us from all losses, costs and damages (including without limitation loss in profits, damage to reputation or goodwill or otherwise) which RANDOM.ORG may suffer, directly or indirectly, from your use of the Marks in contravention of this clause or any other misuse of the Marks.
5.5 Without prejudice to the foregoing, we may revoke any licence to you to use the Marks 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 Marks and delete, remove or destroy all references to the Marks 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 contact@random.org.
6.2 You are responsible for obtaining legal advice in respect of the legality of any Event that you are hosting, and we take no responsibility for the legality of any such Event or the use of the Services as part of any such Event.
7.2 Where you provide personal data to us, you confirm (i) that you have complied with your responsibilities under data protection law and (ii) that the processing by us of that personal data will not result in our being in breach of data protection law.
7.3 In cases where as part of the Services we are acting as a data processor or sub-processor, we shall enter into a data processing agreement with you on such terms as we may agree in accordance with law (‘Data Processing Addendum’).
8.1 Except as provided under clause 8.3, we shall not be liable for: (a) any indirect, consequential, incidental, punitive, exemplary or special losses arising under or in connection with a Contract, whether arising in contract, tort (including negligence), misrepresentation or otherwise; or (b) loss of data/ programs, anticipated savings, loss of revenue, profits or goodwill, even if the loss or damages was reasonably foreseeable or we have been advised of the possibility of such damages.
8.2 Subject to clause 8.3, our entire liability arising from or in connection with a Contract, to the extent permissible by law, shall be limited to the amount of losses directly resulting from such breach or course of action in question, and will not exceed the fees paid by you to us in the 12 months preceding a claim.
8.3 Nothing in these Subscription Terms excludes or limits our liability for:
9.1 Each party undertakes that it shall not at any time during a Contract, and for a period of five years after termination of a Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients, technical specifications, technical infrastructure documents, business continuity plans or supplier of the other party, except as permitted by clause 9.2.
9.2 Each party may disclose the other party’s confidential information:
9.2.1 To its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with a Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 9; and
9.2.2 As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.3 No party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with a Contract.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the 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 the Site.
All notices given by you to us must be given to contact@random.org. We may give notice to you by e-mail to the address you provide to us when placing an Order, or by posting a notice on the Site. Notice will be deemed received and properly served within 24 hours of being posted on the Site (in the case of notices served by us) or 24 hours after the relevant e-mail is sent (in the case of notices served by you or us), whichever occurs earlier. 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 and no undelivered notification was received.
12.1 Any Contract between you and us is legally binding on you and us and on our respective successors and assignees.
12.2 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.
12.3 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.
13.1 We will not be liable to you for any delay or failure to perform any of our obligations to you under a Contract if the delay or failure results from events or circumstances outside our reasonable control (‘Force Majeure Event’).
13.2 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. If the Force Majeure Event continues for a period of 28 days or more, we may terminate the Contract on notice to you.
14.1 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 Subscription Terms, 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.
14.2 No waiver by us of any of these Subscription Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any court or competent authority decides that any of the provisions of these Subscription Terms 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.
16.1 Each Contract constitutes the whole agreement between you and us in relation to its subject matter and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 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 a Contract.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in a Contract (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
You will be subject to the policies and Subscription Terms in force at the time that you place an Order, unless:
Contracts for the purchase of Services through the 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 Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.