Zoftar (Zoftar Limited)Terms & Conditions of Sale
Zoftar Terms & Conditions of Sale : Zoftar Limited
1. Information about us
2. Accessing the Zoftar web sites
3. Use of the Zoftar web sites
4. Intellectual Property Rights
5. Zoftar web sites change regularly
6. Our liability
7. Information about you and your visits to the Zoftar web sites
8. Viruses, hacking and other offences
9. Links from the Zoftar web sites
12. Jurisdiction and applicable law
Terms & Conditions Of Sale
1. Terms used in this agreement
3. Using the Zoftar web sites
4. How the contract is formed between you and us
5. Availability and product delivery
6. Consumer rights
7. Risk and title
8. Price and payment
9. Our refunds policy
10. Personal data
11. Our liability
12. Intellectual property
13. Import duty
14. Written communications
16. Transfer of rights and obligations
17. Events outside our control
20. Entire Agreement
21. Out right to vary these terms of sale
22. Law and Jurisdiction
Zoftar WEB SITES
TERMS AND CONDITIONS OF USE
1. INFORMATION ABOUT US
2. ACCESSING THE Zoftar WEB SITES
2.1 Access to the Zoftar web sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the Zoftar web sites or the Site itself without notice (see below). We will not be liable to you if for any reason the Zoftar web sites or the Service is temporarily unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some or all parts of the Zoftar web sites and/or the Service.
2.4 You are responsible for making all arrangements necessary for you to have access to the Zoftar web sites and/or our Service. You are also responsible for ensuring that all persons who access the Zoftar web sites through your internet connection are aware of these terms, and that they comply with them.
3. USE OF THE Zoftar WEB SITES
3.1 To order our products from the Zoftar web sites please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here.
3.2 You may not use the Zoftar web sites or its contents:
3.2.1 for commercial purposes,
3.2.2 for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of the Zoftar web sites (e.g. item listings, Descriptions, prices);
3.2.3 to download (other than page caching) or modify the Zoftar web sites , or any portion of it; or
3.2.4 for any purpose which is unlawful.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights in the Zoftar web sites including the Service, and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Using the Zoftar web sites does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
4.5 Zoftar web sites and all logos on the Site are business names and marks which are the property of Zoftar or Microsoft Inc.
5. Zoftar WEB SITES CHANGE REGULARLY
We aim to update the Zoftar web sites and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the Zoftar web sites or the Services, or close it indefinitely. Any of the material on the Zoftar web sites may be out of date at any given time, and we are under no obligation to update such material.
6. OUR LIABILITY
6.1 All the Zoftar web sites are provided "as is". Whilst we have taken every care in the preparation of the content of the Zoftar web sites we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Zoftar web sites . Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
6.2.1 death or personal injury resulting from negligence;
6.2.2 fraud or deceit; or
6.2.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE Zoftar WEB SITES
8. VIRUSES, HACKING AND OTHER OFFENCES
8.1 You must not misuse the Zoftar web sites or the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Zoftar web sites or the Service, the server on which the Zoftar web sites or the Service is stored or any server, computer or database connected to the Zoftar web sites . You must not attack the Zoftar web sites or the Service via a denial-of-service attack or a distributed denial-of-service attack.
8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Zoftar web sites and our Service will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Zoftar web sites and our Service or to your downloading of any material posted on it, or on any website linked to it.
9. LINKS FROM THE Zoftar WEB SITE
Where the Zoftar web sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. JURISDICTION AND APPLICABLE LAW
TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
zoftar.com is a website operated by Zoftar a company incorporated in the United Kingdom 07958913
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Microsoft Products listed on our website zoftar.com to you. Please read these terms of sale carefully before ordering any Products from the Zoftar web sites . You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the Zoftar web sites .
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the Zoftar web sites .
If you have any questions regarding these terms of sale (including any technical questions) please click here Helpdesk
1. TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
"Zoftar", "we" or "us" means Zoftar, its employees, subcontractors and/or other companies which are appointed by Zoftar to provide services in relation to the Zoftar web sites operated by Zoftar;
"Digital License Key" means a unique product activation technology from Microsoft which can be used for the release and activation of an individual copy of an encrypted software product including its license terms;
"Download" means a software program sold in the Zoftar web sites which is delivered to you by transferring the program data electronically to your computer;
"Goods" means physical products such as (but not limited to) books, manuals, retail packaged software and backup copies of software sold in the Zoftar web sites ;
"Product" is any Zoftar or Microsoft product consisting of either a Download or Goods which may be purchased from the Zoftar web sites operated by Zoftar; and
"Backup Copies" are copies of the Downloads that you have obtained.
"Zoftar Web Sites" refers to any web site that is owned or operated by Zoftar
2.1 The zoftar.com web site is only intended for use by customers resident in Australia, USA, UK and any predominately English speaking countries, where by the English language is known as the first native language of that country.
2.2 By ordering Products from any of the the Zoftar web sites , you warrant that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 You are at least 18 years old; and
2.2.3 You are resident in Australia, USA, UK and any predominately English speaking countries, where by the English language is known as the first native language of that country.
3. USING THE Zoftar WEB SITES
3.1 To use the Zoftar Web Site services you need to register and log in to the site using a Zoftar.com account which can be accessed here: My Account.
3.2 Please log into the Zoftar Web Site and browse the shop. To order an item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top left hand corner of the screen. Please click on the button marked "Checkout Now" and follow the instructions on screen to complete your order.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 This contract will be concluded with Zoftar
4.2 After placing an order by clicking the order button, you will receive a confirmation from us acknowledging that we have received your order (Order Submission). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either a confirmation that we accept your order (Order Acceptance) or by sending (a) the download link and key or (b) the physical product to you. The contract between us (the "Contract") will only be formed when we send you the Order Acceptance or the download link or dispatch the physical product.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5. AVAILABILITY AND PRODUCT DELIVERY
5.1 Although we endeavour to ensure the availability of the Products shown in the Zoftar web sites , we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
5.1.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
5.1.2 notify you that we are unable to fulfil the order.
If you reject our offer of an alternative Product or we are unable to fulfil the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
5.2 If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
5.3 Products sold in the Zoftar web sites are delivered to you by electronic transfer if you have purchased a Download or by post or courier if you have ordered Goods (for example a boxed retail package, a backup CD, or a manual etc.).
5.4 We deliver Downloads to you by making a personal download link available in Account, for the Download program and the corresponding Digital Licence Key. For security reasons, access to the Digital License Key and the Download is possible only through the personal and protected Account area when you are logged into the Zoftar web sites using your Windows Live details.
5.5 The Downloads you have purchased will be available in your personal Account for one year following the date of the Order Confirmation. After one year the Download will be deleted from the Account area of the Zoftar web sites . Downloads can be transferred to a personal computer in full, a maximum of three times during the one year period, after which the relevant Download will be removed from your personal Account. We recommend that you make a back-up copy of the Download before expiry of the one year period and on, or before, the third download. Alternatively you may choose to a acquire a Backup Copy of the Download from the Zoftar web sites .
6. CONSUMER RIGHTS
6.1 The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") allow consumers the right to cancel orders for goods or services without having to give any reasons during the period of 14 working days starting as set forth in section 6.2 (the "Cooling Off Period").
If you choose to exercise this right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Please carefully read the provisions below as they will affect your right to cancel the Contract.
6.2 The 14 day Cooling Off Period will start:
6.2.1 if you order a Download, on the day after the date on which the Download is made available to you for electronic transfer from your personal Account area; or
6.2.2 if you order Goods, on the day after you have received the goods;
but in any event not before all information obligations laid down in the “Consumer Protection (Distance Selling) Regulations 2000 have been fulfilled.
6.3 To cancel a Contract within the Cooling Off period, you must inform us in writing or in another durable medium by giving notice to admin [at] zoftar.com.
The Summons Address :
We offer to pick up the products at Zoftar's costs. To do so, please contact our Customer Care team. In case you do not wish us to pick up the products you will have to return the products at your own costs.
You may not exercise the right to cancel in respect of contracts for the supply of (a) goods made to your own specifications or clearly personalized or (b) which, by reason of their nature, cannot be returned or (c) are liable to deteriorate or expire rapidly, and (d) with respect to contracts for the supply of audio or video recordings or computer software which have been unsealed.
If possible Goods should be returned to us unopened and in their original packaging and in the same condition in which you received them.
Prior to the cancellation, you shall retain possession of the goods and take all reasonable care of them.If you fail to comply with this obligation, we may have a right of action against you for compensation.
If you cancel a Contract within the Cooling Off Period our customer service will contact you with regards to the pick-up of the goods to be returned. You are under the duty to take reasonable care to see that the returned goods are received by us and not damaged in transit, but in other respects your duty to take care of the goods shall cease once you send them or once they are picked up from you. We recommend that you retain copies of any dockets, receipts and proof of postage for your records.
Please note that you are no longer entitled to cancel your order in respect of contracts for the provision of services if performance has begun, with your agreement, before the end of the 14 working days period. You acknowledge and agree that when you purchase a Download, once the Digital Licence Key has been downloaded to a personal computer you have waived your right to cancellation as performance has begun, with your agreement, before the end of the Cooling Off Period.
This exception also applies to the download of E-books, whether a Digital Licence Key is used for initiating the download or not. Downloading the E-book constitutes a waiver to your right to cancellation during the Cooling Off Period. Once you have initiated the download you may no longer cancel the Contract.
Upon receipt of your cancellation we shall deactivate the Digital License Key immediately.
For the avoidance of doubt this does not affect your statutory rights in the event that the download is defective, for example if, the Download is corrupted. In this event please refer to paragraph 9 (Refund Policy) of these terms of sale. Further details of this statutory right and an explanation of how to exercise it, are provided in the Order Confirmation.
7. RISK AND TITLE
The Products will be at your risk from the time they have been delivered to you.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted in the Zoftar web sites from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our FAQ'S.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 The Zoftar web sites contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the Zoftar web sites may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products correct price is higher than the price stated in the Zoftar web sites , we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 We accept payment with American Express, Maestro, Master Card, PayPal, Visa and Wire Transfer. We are under no obligation to deliver the Products until we have received payment from you.
9. OUR REFUNDS POLICY
9.1 When you return a Product to us because you have cancelled the Contract between us within the 14 working days Cooling-off Period (see clause 6 (Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. On or before accepting your cancellation of your order for the downloadable products, we may ask you to sign a letter (an "Electronic Letter of Destruction" ) to certify that you have deleted any software Products from your personal computer(s). Please note that we cannot proceed with your cancellation until you return the Electronic Letter of Destruction to us.
9.2 If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to admin [at] zoftar.com. You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective) as soon as possible. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. PERSONAL DATA
11. OUR LIABILITY
11.1 In accordance with your statutory rights we warrant to you that any product purchased from the Zoftar web sites is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 The product specifications and system requirements required to activate and operate products are ASCribed in more detail at http://zoftar.com. We cannot ascertain whether your computer fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
11.3 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Zoftar web sites .
11.4 This does not include or limit in any way our liability:
11.4.1 for death or personal injury caused by our negligence;
11.4.2 under Section 2(3) of the Consumer Protection Act 1987;
11.4.3 for fraud or fraudulent misrepresentation; or
11.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.5 Nothing in these terms of sale shall affect your statutory rights. if you have any doubts as to your statutory rights then you should contact your local citizens advice bureau or refer to the office of fair trading website (http://www.oft.gov.uk)
12. INTELLECTUAL PROPERTY
Products offered by Zoftar on the Zoftar web sites are the intellectual property of the relevant copyright and/or trademark holders. To install any software purchased from the store you must accept the software license terms bundled with the Product. You may not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
13. IMPORT DUTY
If you order Products from the Zoftar web sites for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Zoftar web sites , 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 in the Zoftar web sites or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be :
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your Zoftar account, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the Zoftar web sites , 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the address.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 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.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action.
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 impossibility of the use of public or private telecommunications networks.
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
21. OUR RIGHT TO VARY THESE TERMS OF SALE
21.1 We have the right to revise and amend these terms of sale from time to time.
21.2 You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the Zoftar web sites will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The language of the Contract shall be English.