PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
This terms and conditions of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.thethirdguild.com (Our Website). Use of our site includes accessing and browsing our site.
By using our site, you confirm that you (a visitor to Our Website / our customer) accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, please do not use this site.
Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Confidential Information” means information relating to the Product, including all material contained in its distributable files, activation and registration code, all copyright and trade and other marks, whether registered or not.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“EULA” means end user licence agreement, the licence contained in this document which permits you to use the Product.
“Material” means Content of any sort posted by you on Our Website.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Product” means any of the Product we offer for sale on our Website and include generally available updates and support services so far as specified for each Product.
Price, payment and product provision
When you buy the Product, you are in fact buying a licence to use the Product, subject to the terms of the EULA contained in this agreement.
Payments will be processed by a third party and are non-refundable.
Our Product will be provided via a third party, making them available for you to download.
We may change the nature or provision of the Product at any time. We may tell you about any such change by email or by posting details on Our Website.
You may not share or allow others to use the Product in your name.
We will provide updates to the Product from time to time as we decide.
We will do our best to provide support for the Product at all times and to maintain Our Website so that you have constant use, but there will be times when our support may be interrupted. Such interruption for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
Cancellation of order
If you are a citizen of the European Union, and you bought the Product as a Consumer, you may cancel your order for the Product at any time before the expiry of 7 working days from the date of order, not including the day you ordered.
Because the Product is available to you, and can be copied by you on delivery, you have no statutory right to cancellation once you have received the Product.
We will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.
This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
Foreign taxes, duties and import restrictions
If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Product which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Dissatisfaction with the Product
Our most important task is to ensure your satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
- exactly why you think we have failed;
- the date, if relevant, of the failure;
- when and how you discovered the failure;
- the result of the failure;
- your suggestion as to action we should take to resolve the situation and restore your faith in us.
To do this, it is essential that you contact us by email at the Contact Point on Our Website.
Disclaimers
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Product, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Product for your purpose; any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose other than that for which the Goods are commonly used;
- The use of, or results of the use of the Product or its compatibility with your equipment, software or telecommunications connection;
- compliance with any law;
- non-infringement of any right.
Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Confidential Information and Intellectual Property Rights
You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
The Licence (EULA)
Subject to the terms of this agreement, we grant to you a limited licence to use the Product for your personal or business use. The license is non-exclusive, non-transferable and royalty free.
If you have bought a single-user licence, you may install and use it on not more than two computers used exclusively by one person.
If you have bought a multi-user licence, you may install and use it on the number of computers or work stations for which you have bought a licence.
You may not copy the Product except for the purpose of system maintenance, nor may you transfer it nor allow any other person (outside of your business) to use it.
System Security
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Miscellaneous provisions
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide Product or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those services.