Terms And Conditions
Your use of this website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, materials, software, or any other information obtained from your use of this website. You agree that SoftwaresalesX and providers of telecommunications and network services to SoftwaresalesX will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.
This website is available to all users 'as is' without any representations or warranties of any kind, either express or implied. SoftwaresalesX makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. SoftwaresalesX accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of SoftwaresalesX, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website. There are certain inherent risks in using the Internet and the World Wide Web. SoftwaresalesX makes no representations, warranties or undertakings about:-
- Any of the Materials or Software on this website, including, without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or
- Any content of, or information on, any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link ('third party site'). SoftwaresalesX does not endorse or approve the content of any third party site, nor will SoftwaresalesX have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability, which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded.
Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. You acknowledge and understand that SoftwaresalesX may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website, and that SoftwaresalesX is not advising you in relation to the nature, potential, value or suitability of any particular asset or security, portfolio of assets or securities, transactions, investment strategy or other matter, and that no mention of a particular asset or security on this website constitutes a recommendation to buy, sell or hold that or any other asset or security. Content and information received via this website is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, SoftwaresalesX, or any other person or entity, and may not be complete.
SoftwaresalesX reserve the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
Limitation of Liability
To the fullest extent permitted by applicable law, neither SoftwaresalesX nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, Software and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if SoftwaresalesX has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
Data Protection and Privacy Statement
SoftwaresalesX and its associated companies respect your right to privacy. Visitors should be aware that each time they visit a website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. SoftwaresalesX's policy is to respect and protect the privacy of our Customers and will never wilfully disclose individually identifiable information about its Customers to any third party without first receiving that Customer's permission.
The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website. This includes information regarding the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site's capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.
Throughout this website you may have an opportunity to send us information relating to you such as through the 'contact us' pages or any other area where you may send e-mails, request brochures, enter contests or respond to any promotions. *By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by SoftwaresalesX for:
- The purposes for which it was provided by you;
- Verification purposes and statistical analysis;
- To provide you with details of products, services, contests, competitions or promotions being provided or run by SoftwaresalesX or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information.
Third Party Sites
Links are provided by SoftwaresalesX to other websites that offer goods and services for sale. When you place an order for the purchase of goods and services on those websites, your contractual relationship will be with the merchant selling those goods or providing those services and will be subject to the terms and conditions, if any, made available to you by the merchant. SoftwaresalesX will not be a party to any such contract and accepts no responsibility for non-delivery or delayed delivery of any such good or service (whether in whole or part) whether as regards the nature, quality or merchantability of such good or service, the fitness for the purpose for which they have been sold or for any other purpose.
This website is controlled and operated by SoftwaresalesX from the United Kingdom. SoftwaresalesX does not make any representation that materials, software and/or the facilities or services offered through this website are appropriate or suitable for use in countries other than the United Kingdom , or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. It is prohibited to make this website, the materials, software, and/or facilities or services offered through this website or any part of them, available in your country. It is also prohibited to make available to you (whether by reason of nationality, residence or otherwise), this website, the materials, software and/or facilities or services offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of the United Kingdom, and you hereby agree for the benefit of SoftwaresalesX, and without prejudice to the right of SoftwaresalesX to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of the United Kingdom shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
Any waiver of any provision of these terms and conditions must be in writing and signed by SoftwaresalesX to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and SoftwaresalesX relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by SoftwaresalesX.
Please read these conditions carefully. They set out the terms under which SoftwaresalesX's free access (the SoftwaresalesX website, email, search facilities, directory services, personal webspace, newsgroups and other internet services provided by SoftwaresalesX on an ongoing basis) is made available.
To accept these conditions please tick the checkbox provided prior to each transaction
You agree to:
1.1 Provide true, accurate, current and complete information which you are required to provide when you register as a User of SoftwaresalesX ('User Information'); and notify us immediately of any changes to the User Information.
1.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.3 We reserve the right to terminate your account (including user name and password) if any User Information is untrue, inaccurate, out-of-date or incomplete.
2. Provision of the Service
SoftwaresalesX provides access to national and international resources for its customers through its own network and connections to networks outside of SoftwaresalesX.co.uk. Access to these networks is contingent on observance of this Acceptable Usage Policy which applies to all of our customers, and other users of the SoftwaresalesX service.
2.1 SoftwaresalesX's services are provided to the customer and the customer therefore agrees to neither share the service, nor use the service to share SoftwaresalesX sensitive information with any other person or body.
2.2 Use of the SoftwaresalesX service is deemed to be an acceptance of this policy.
3. Security & Personal Information
3.1 Depending on whether you opt for the subscription or free access service you may be issued with a set of unique passwords. You are responsible for the security and proper use of all passwords relating to the service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.
3.2 Other users of your username and password shall be bound by these terms and conditions as if they were you. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security of which you become aware .
3.3 If you forget any password, you can use the 'Forgot Password' section of the Login page. Your password will be reset, and a random password will be sent to your email address.
4. Use of the Service
4.1 Customers are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Services.
4.2 SoftwaresalesX's services may not be used for any activity, which contravenes the laws of the United Kingdom, or any other applicable jurisdiction.
4.3 Customers may not use SoftwaresalesX's services to seek to gain unauthorised access to SoftwaresalesX's facilities, services or resources or to the facilities, services or resources of connected networks.
4.4 Customers may not use SoftwaresalesX's services to engage in activities which waste SoftwaresalesX's resources (people, networks, computers and financial).
4.5 Customers may not use SoftwaresalesX's services to engage in activities, which cause or are liable to cause disruption or denial of service to any SoftwaresalesX customer and any user of the SoftwaresalesX service.
4.6 Customers may not use SoftwaresalesX's services to create, host or transmit offensive or obscene material, or engage in activities, which would cause offence to others on the grounds of race, creed or sex.
4.7 Customers may not use SoftwaresalesX's services to create, host or transmit material which is designed to cause annoyance, inconvenience or needless anxiety to others.
4.8 Customers may not use SoftwaresalesX' services to create, host or transmit material which is defamatory.
4.9 Customers may not use SoftwaresalesX's services to create, host or transmit material which infringes the copyright of another person or organisation.
4.10 Customers may not use SoftwaresalesX's services to engage in activities which infringe proprietary rights in any software.
4.11 Customers may not use SoftwaresalesX's services to engage in activities which compromise the privacy of others.
4.12 Customers may not use SoftwaresalesX's services to engage in activities which would destroy the integrity of computer based information.
4.13 Customers may not use SoftwaresalesX's service to transmit unsolicited commercial or advertising material either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance.
4.14 Customers may not use SoftwaresalesX's service to transmit unsolicited or bulk email either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance.
4.15 Pre-order items are not held in stock by SoftwaresalesX. On receipt of the pre-ordered product from the supplier, SoftwaresalesX will release the product on a first order first dispatch basis. All pre-order items are paid once the order is placed. SoftwaresalesX can accept no responsibility for delays caused by non provision of product by the originating supplier.
4.16 SoftwaresalesX's services are not intended for resale. Resale of services without making specific arrangements with SoftwaresalesX shall not be permitted.
4.17 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices.
4.18 If software is purchased in error, we retain the right to refund you accordingly. SoftwaresalesX retains the right to deduct, from your refund, charges incurred during distribution.
4.19 If you have purchased physical media software in error, we will refund you if you have notified us within 10 days of purchasing the software. The media must be returned unopened and undamaged. We will refund you based on your original method of payment. There is a £5.00 postage and handling charge for returned software. Please e-mail [email protected] for further details. The package must be returned within 10 business days of issuance of the RMA.
4.20 In relation to digital download software, the Consumer Protection (Distance Selling) Regulations 2000 ('Regulations') give consumers the right to cancel orders for downloaded products or services during the period of seven working days after the day on which provision of the product or service being provided commences. However, under the exceptions to these Regulations, you agree that this right of cancellation does not apply. This enables SoftwaresalesX to prevent illegal distribution and/or reproduction of digital download software which is a significant problem that hurts Kaspersky and other vendors.
4.21 SoftwaresalesX operate under strict license agreements and must therefore validate a number of orders. You accept that your order could be subject to further validation and that this could lead to a delay in the delivery of your order of up to 21 working days (Please note, this happens in under 2% of cases).
4.22 SoftwaresalesX aim to deliver your order within 3-5 working days; deliveries cannot be guaranteed for reasons outside of the companys control. Should the software not arrive within the above timeframe customers must wait 21 days from the date of the original order and notify SoftwaresalesX before a second copy will be dispatched. SoftwaresalesX shall not be liable for any loss resulting from deliveries outside the delivery periods specified above due to lack of product availability, delays from carriers, force majeure, or for any other reason.
5. Intellectual Property and Right to Use
5.1 You acknowledge that all copyright, trademarks and all other intellectual property rights in any material supplied as part of the Services shall remain vested in us or our licensors. You acknowledge that you are permitted to use this material only as expressly authorised by us or our licensors and may not copy, reproduce, transmit, distribute or create derivative works of such material without express authorisation.
5.2 The material and content contained with SoftwaresalesX and the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) distribute or commercially exploit such material and content. If you become aware of any such distribution or commercial exploitation, you will let us know immediately.
6. Limitation of Liability
6.1 You acknowledge that SoftwaresalesX has no control over the information which can be accessed by using SoftwaresalesX and the Services and that we do not examine the use to which you or other users put the Services or the nature of the information you or they are sending or uploading. We therefore exclude all liability of any kind for the transmission or reception or such information of whatever nature.
6.2 We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any web site you establish using the Services.
6.3 You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
7.1 You agree to indemnify us, or any company in the SoftwaresalesX Group and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of SoftwaresalesX or the Services.
8. User dealings with Advertisers
8.1 Your correspondence with, or participation in promotions of, advertisers or merchants found on SoftwaresalesX, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree that we have no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on SoftwaresalesX.
9.1 SoftwaresalesX reserves the right to take such action as it deems appropriate against any customer who violates any conditions of this Acceptable Usage Policy. In such cases, services (including your username and password, your email addresses, emails, web space and other data stored on SoftwaresalesX or the Services) may be limited, interrupted or terminated with or without notice to the customer.
10.1 This agreement shall be governed by and construed in all respects in accordance with the law of the United Kingdom and each party hereby submits to the exclusive jurisdiction of the United Kingdom Courts. This Acceptable Usage Policy will be amended from time to time as is deemed necessary by SoftwaresalesX. A copy of this policy will be made available to all new customers and the current policy will also be available over SoftwaresalesX's web site. It is the customer's responsibility to ensure familiarity and observance of this Acceptable Usage Policy.