Terms and Conditions
The terms and conditions set out below apply to all users of Eureka Solutions (“Website”). Users of the Website are expected to have read and fully comply with the terms and conditions and any individual not in accord with these terms and conditions should not use this Website.
The owner of the Website is Eureka Solutions (Scotland) Limited (“We”, “Us”), a company incorporated in Scotland under company number SC165567. Should further information be required or the need to register a complaint about the Website please contact us by the following methods:
West Point House
5 Redwood Place
Telephone: 01355 581 960
You should make sure you are satisfied with the product specification before placing any order and if more information is needed then you can contact us. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the Website. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. Prices are subject to change without notice.
Terms and conditions for General use of the Website
1) During the registration process you will be requires to choose a username and a password which will be unique to you. It is your responsibility to keep your username and password confidential and ensure that they are not used by any unauthorised person.
2) Acceptance of Orders: All orders submitted through our website are confirmed by e-mail, fax or post after submission, no order should be deemed to be accepted without this confirmation. All orders are fulfilled subject to these terms and conditions. It might not be possible for us to accept orders for certain items for delivery to certain countries.
3) We will ensure that we continually update and develop information on the Website however, we cannot guarantee that the Website will be 100% free from errors or omissions, should any be found please let us know through one of the methods above.
4) Links will be provided to third party websites which are controlled by these third parties, when visiting external links you must refer to that external websites terms and conditions of use, Eureka Solutions (Scotland) Limited will have no liability in respect of those websites. These links are provided for the interests of the users of the Website only and Eureka Solutions (Scotland) Limited has no control or responsibility over these websites. Whilst we do try to select the appropriate third parties we do not give any assurance, warranty or representation as to the credibility of the products or services that they offer. We do not accept any liability for the use of third party websites. The links on the Website do not imply entail any endorsement of the content of third party websites. Creation of any links to or from the Website must be approved in writing by Eureka Solutions (Scotland) Limited. Any such company, group or individual should contact us for further information.
5) Every effort is made to constantly update the information on the Website however occasions may arise where information can be out of date and users should note this and users should be conscious of such happenings.
6) Eureka Solutions (Scotland) Limited, its directors, officers, employees, shareholders and associated persons shall not be liable for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website. Neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
7) These terms and conditions do not affect your statutory rights as a consumer.
8) Eureka Solutions (Scotland) Limited reserves the right to change the terms and conditions at any time without notice. These terms and conditions may need to be updated or modified at any time. Users of the Website will be bound to the terms and conditions set at that point of time, however users must always be aware of the ‘current’ set of terms and conditions (i.e. at the point of use by the customer) as they will be bound to those new terms and conditions.
9) At any point if one or more of these terms and conditions is held to be invalid or any conflict or contradiction appears between the provisions of the Website terms and conditions and any other relevant terms and conditions, policies or notices then the validity and the enforceability of the remaining provisions shall not be affected and in all cases these terms and conditions shall prevail.
10) Currency: Prices quoted are in Pound Sterling or in any other currency on request, all payments are to be made in Pounds sterling, Euros or American Dollars on request.(Your credit card providers will charge the order in your local billing currency)
11) Eureka Solutions (Scotland) Limited makes no claims, warranties or representations that any or all of the content of the Website may be lawfully viewed or downloaded outside Scotland and, unless otherwise specifically stated, the content and the Website is directed solely at users who access the Website from Scotland. If you choose to access the Website from outside Scotland, you do so at your own risk and are responsible for compliance with the laws of the relevant jurisdiction.
12) Third Party Rights
Nothing in these terms and conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these terms and conditions has no rights to enforce them.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
14) Payment & Retention of Title
Under normal circumstances, goods must be paid for prior to dispatch. If for any reason, goods are agreed to be shipped prior to clearance of payments, title in the goods shipped belongs to Eureka Solutions (Scotland) Ltd until payment in full for the goods is received by us.
15) Governing Law
These terms and conditions are subject to the laws of Scotland and each of us hereby submits to the non-exclusive jurisdiction of the Scottish courts.
Returns Policy Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.legislation.gov.uk/uksi/2000/2334/contents/made
SOFTWARE LICENCE AGREEMENT
Your right to use the software product loaded onto this computer and its
associated documentation is subject to the terms set out in this licence agreement (Agreement). Accessing the Program signifies your acceptance of the terms and conditions set out below. Therefore, please read them carefully before using the software. If you do not agree to be bound by the terms and conditions of this Agreement, you should proceed no further, remove the installation and return the Program in the box in which it was packaged, together with its remaining contents in good condition. Prompt return of the full package as described will give rise to a refund of your purchase money.
1. Program and Grant of Licence
The "Program" means the licensed software and operational literature stored on the compact disks/file supplied. Under copyright law you are prohibited from installing or running the software without the consent of Eureka Solutions Ltd (ES). In consideration of your agreement to the terms of this Licence, ES grants you, the purchaser of the software, a non-exclusive right (the "Licence") to install and run the software as permitted by this Agreement. The Licence is personal to you, and may not be assigned, sold or transferred in any other way without ES's express prior consent in writing.
(a) Under the terms of this licence YOU ARE PERMITTED TO:
(i) use the Program in connection with a single personal computer including a lap-top or, where you have purchased a network version, on a single network which is under your control. If you wish to use the Program on more than one computer or network, you must obtain a separate licence for another copy of the Program;
(ii) load the software and use it in connection with a single set of data only at any one time whether this is for a company, partnership, group, person or otherwise unless you have purchased a licence to allow you to work with multiple sets of data;
(iii) transfer the software from one computer to another owned by you within a single location, provided that it is installed and used on only one computer at a time.
(iv) make one copy of the software for back-up purposes in support of your permitted use of the software, provided that you label the back-up copy with a notice drawing attention to ES's copyright in the software. Any other copies of the software, whether as a whole or in part, made without the prior written consent of ES, are unlawful and a breach of this Agreement.
(b) YOU MAY NOT YOURSELF, NOR MAY YOU PERMIT OTHERS TO:
(i) transfer or part with possession of the Program or seek to sub-license or assign the licence or your rights under it;
(ii) use, copy or transfer the software or other component parts of the Program except as allowed for by this Agreement;
(iii) distribute, rent, loan, lease, sub-license or otherwise deal in the software and or any other component elements of the Program;
(iv) alter, adapt, merge, modify or translate the software or other component elements of the Program in any way, or for any purpose, other than with the prior written consent of ES;
(v) reverse engineer, disassemble or de-compile the software otherwise than with the prior written consent of ES;
(vi) remove, change or obscure any identification marks or notices of proprietary rights and restrictions on or in the software and any other component elements of the Program.
(a) ES may, at its sole and absolute discretion, terminate the licence, in which event it will refund to you the purchase price of the Program.
(b) The licence may be terminated by ES without refund if you fail to make payment after seven days notice of any sums due to ES under this or any other contract with ES.
(c) Within 14 days of termination of this Licence, you will return the original, as well as all copies or part copies of the Program, or will furnish to ES a letter attesting to the destruction of the original and any such copies. You may terminate this Licence at any time by returning all copies or furnishing such confirmation.
(d) The software is supplied on an annual licence basis with payment of annual licence. An annual licence key will be issued on receipt of annual payment
(e) Your rights to use the Program will terminate automatically if you fail to comply with any term of this Licence. This Agreement will also terminate without further action or notice by ES if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or other receiver appointed, or if you suffer or file any similar action in consequence of debt. Any use of any copies of the Program after termination of the Licence is unlawful.
As the owner of the Licence copyright, ES warrants to you only that:-
(a) the software, when used properly, will provide the functions and facilities and will perform substantially as described in the User Manual supplied with the software;
(b) the medium on which the software is recorded will be free from defects in material and workmanship under normal conditions of use. This warranty is given for the duration of one year and runs from the date on which you register the Licence. Registration of the Licence may be effected by telephoning ES to obtain the required activation key. Upon receipt of the Program, it must immediately be backed-up in accordance with Clause 1 (a) (iv) of this Licence and in accordance with instructions contained on relevant documentation accompanying the Program.
(c) during the Software Maintenance Contract period, ES will provide technical advice, assistance and support by telephone during normal business hours and/or will replace any Program not meeting the guarantee given above. In the event of any errors in the Program, ES may, at its sole discretion, correct the same by "patching" or by replacing the Program with a new version. Should ES be unable to rectify any defect in the Program, it will terminate this Licence by refunding your purchase price, together with the cost of postage, after having received the Program and any copy thereof from you in accordance with the preamble to this Agreement. ES does not warrant or guarantee that you will have uninterrupted or error free service from the Program. ES's entire liability and your exclusive remedy under the warranties given in this section 3 will be, at ES's option either, (i) to repair or replace the software or encryption medium which does not conform with the warranty or, (ii) to refund the price paid for the software and terminate the Licence. This guarantee excludes defects caused by accidents, abuse, poor storage or handling, or any act referred to in sub-clauses 1(b) (iv) and (v) above. It is subject also to the product being returned in good condition within the warranty period applicable to it.
4. Exclusion of Other Warranties
Except for the express warranties contained in Section 3 above, ES gives and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise. Without limitation, the implied terms of quality and fitness for a particular purpose are excluded. ES does not warrant that the operation of the software will be error free or uninterrupted. It is your exclusive responsibility to ensure that the Program is suitable for your needs and the entire risk as to its performance and as to results obtained from its use is assumed by you. You hereby acknowledge that the content and accuracy of documents produced by the Program are your sole responsibility and, whether or not produced using the software, that you also remain responsible for ensuring that any information, opinions, recommendations, forecasts or other comments submitted to third parties are accurate and complete.
5. Disclaimer and Limitation of Liability
You hereby acknowledge that the allocation of risk in this Agreement reflects the price paid for the Program and also the fact that it is not within ES's control how, and for what purposes, the Program is used by you. In no event, therefore, will ES be liable for any direct, consequential, incidental or special damage or loss of any kind (including, but not confined to, loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract or tort, including negligence or otherwise. If any exclusion, disclaimer or other provision contained in this Licence is held to be invalid for any reason by a court of competent jurisdiction and ES becomes liable thereby for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the amount actually paid by you for the software. ES does not exclude or limit its liability for death or personal injury resulting from any act or negligence perpetrated by it.
(a) Any reseller, distributor or dealer (including any ES approved dealer) from whom you may have purchased the Program is expressly not appointed or authorised by ES as its servant or agent. No such person has any authority, either express or implied, to enter into any contract or provide any representation, warranty or guarantee with or to you on behalf of ES or otherwise to bind ES in any way whatsoever. ES will not be responsible for any modifications or mergers made to the Program by such persons.
(b) ES shall not be liable to you in respect of circumstances outside its reasonable control.
(c) Failure by ES to enforce any particular term of this Licence shall not be construed as a waiver of any of its rights under it.
(d) If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, the validity of the remainder of terms will not be affected.
(e) This Licence constitutes the entire agreement between the parties in relation to the Program and its licensing and supersedes any other oral or written communications, agreements or representations with respect to the Program.
(f) The terms and conditions of this Licence will be governed and construed in accordance with Scottish law, and any dispute arising under this Agreement or in connection with the Program shall be submitted to the exclusive jurisdiction of the Scottish Courts, save where ES otherwise agrees. No variation, amendment of or addition to this Licence shall be effective unless ES's prior agreement in writing shall have been obtained.
Should you have any questions concerning this Licence, please contact Eureka Solutions using the information contained above.