Who We Are
The owner of this website is KineticaRT Ltd, a company registered in England and Wales under number 4659340.
The company’s registered office is The Innovation Centre, Rennes Drive, Exeter, Devon, UK.
Our VAT Number is GB 812 4656 40.
Customer Satisfaction
If you have a suggestion as to how we can improve our service
to you or if you are dissatisfied about our service or any goods or services
that you bought from us then please contact us on +44 (0)1392 217855 or by
email at Sales@KineticaRT.co.uk.
This Agreement sets out
the Terms and Conditions of your use of this website.
Acceptance of Terms and Conditions
Your access to and use of this website is subject exclusively
to these Terms and Conditions. You may not use this website for any purpose
that is unlawful or prohibited by these Terms and Conditions. By using this
website you are fully accepting the terms, conditions and disclaimers contained
in this notice. If you do not accept these Terms and Conditions you must
immediately stop using this website.
Changes to Terms and Conditions
KineticaRT Ltd shall be entitled to change these Terms and Conditions at
any time, and your continued use of this website following any changes shall be
deemed to be your acceptance of such change.
Advice
The contents of this website do not constitute advice and
should not be relied upon in making or refraining from making, any decision.
Changes to Website
KineticaRT Ltd reserves the right to change or remove (temporarily or
permanently) this website or any part of it without notice and you confirm that
KineticaRT Ltd shall not be liable to you for any such change or removal.
Copyright
KineticaRT Ltd owns the copyright of all material published on this
website unless otherwise stated.
The text and graphic content published on this website and
owned by KineticaRT Ltd may be used, printed and distributed only under the following
conditions:
-
Permission is first obtained from KineticaRT Ltd.
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The content is used for non-commercial purposes only.
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It is accompanied by its original copyright information - e.g. "Copyright 2003
KineticaRT Ltd. All rights reserved."
The downloads published on this website and owned by KineticaRT Ltd may
be used and distributed only under the following conditions:
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The downloads are used for non-commercial purposes only, until a license for
their commercial use has been purchased from KineticaRT Ltd.
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They remain unmodified.
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They are accompanied by their original copyright information - e.g. "Copyright
2003 KineticaRT Ltd. All rights reserved."
If you require permission to use material from this website,
please contact us by email at
Sales@KineticaRT.co.uk.
Trade Marks
KineticaRT is a trademark of KineticaRT Ltd. You are not licensed to use
any KineticaRT Ltd trademarks except with the express permission of KineticaRT Ltd.
Links to Third Party Websites
This website may include links to third party websites that
are controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that we are not
responsible for the content or availability of any such sites.
Disclaimers and Limitation of Liability
This website is provided on an "AS IS" and "AS AVAILABLE"
basis without any representation or endorsement made and without warranty of
any kind whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
To the extent permitted by law, KineticaRT Ltd will not be liable for any
indirect or consequential loss or damage whatever (including without limitation
loss of business, opportunity, data, profits) arising out of or in connection
with the use of this website.
KineticaRT Ltd makes no warranty that the functionality of this website
will be uninterrupted or error free, that defects will be corrected or that
this website or the server that makes it available are free of viruses or
anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as
to exclude or limit the liability of KineticaRT Ltd for death or personal injury as a
result of the negligence of KineticaRT Ltd or that of its employees or agents.
Indemnity
You agree to indemnify and hold KineticaRT Ltd and its employees and
agents harmless from and against all liabilities, legal fees, damages, losses,
costs and other expenses in relation to any claims or actions brought against
KineticaRT Ltd arising out of any breach by you of these Terms and Conditions or other
liabilities arising out of your use of this website.
Severance
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable provision
eliminated.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and Wales
and you hereby submit to the exclusive jurisdiction of the courts of
England and Wales.
This Agreement sets out
the Terms and Conditions of sale when you place an order through this website.
This website offers business-to-business transactions only.
Please read these Terms and Conditions carefully. If there is
anything that you do not understand please contact us on +44 (0)1392 217855 or
by email at Sales@KineticaRT.co.uk
before placing your order and we will do our best to clarify the position to
you.
Definitions
"Seller" means KineticaRT Ltd of The Innovation Centre, Rennes Drive,
Exeter, Devon, EX4 4RN, UK
"Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller
"Goods" means the articles that the Buyer agrees to buy from the Seller
"Contract" means the Contract between the Seller and the Buyer for
the sale and purchase of Goods incorporating these Terms and Conditions
"Consumer" shall have the meaning ascribed in section 12 of
the Unfair Contract Terms Act 1977
"Terms and Conditions" means the Terms and Conditions of Sale
set out in this document and any special Terms and Conditions agreed in writing
by the Seller
Conditions
Nothing in these Terms and Conditions shall affect your
statutory rights as a Consumer.
These Terms and Conditions shall apply to all Contracts for
the sale of Goods to you by the Seller and shall prevail over any other documentation
or communication from you.
Acceptance of delivery of the Goods shall be deemed conclusive
evidence of your acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any
special Terms and Conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
Ordering
All orders for Goods shall be deemed to be an offer by you to
purchase Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an order for any reason.
When making an order through this website, the technical steps
you need to take to complete the order process are described in the Purchase
section within this website.
It is up to you to check that your order is correct. There are
facilities to enable you to correct any inputting errors before you submit your
order. If, after order submission, you realise that you have made a
mistake then do call us on +44 (0)1392 217855 and we will see whether it is
possible to intercept the order before it is accepted by us.
After the order is received the Seller shall confirm by email, headed
"Confirmed Order", the details, description and price for the Goods. If these
differ from the details, description and/or price shown on this website you
shall be entitled to cancel the order.
Where the Goods ordered by you are not available you shall be
notified and given the option to either wait until the Goods are available or
cancel the order and receive a full refund.
Price and Payment
The Price of the Goods shall be that stipulated on this
website. The Price is exclusive of VAT. The Price includes delivery charges
where applicable.
You should bear in mind that prices are always subject to
change. Prices shown in print advertising or on other websites may be out of
date. Prices quoted in currencies other than British Pounds are recalculated
daily.
The total purchase price, including VAT and delivery charges
where applicable, will be displayed on the "Checkout - Confirm Details" page
before you submit your order.
Payment Options
You can pay by one of the following methods:
Payment Terms
Except when a customer has an existing credit account with
KineticaRT Ltd, payment of the Price plus VAT and delivery charges must be made in full
before dispatch of the Goods.
Credit Terms for Account Holders
In the case of a credit sale, payment of the Price plus VAT
and delivery charges shall be due within 30 days of the date of receipt of the
invoice supplied by the Seller. Goods remain the property of the Seller until payment in full
is received.
Interest on overdue invoices shall accrue from the date when
payment becomes due from day to day until the date of payment at a rate of 4%
above the base rate of National Westminster Bank plc from time to time in force .
If you would like to open a business account, please contact us on +44 (0)1392 217855 or by email at Sales@KineticaRT.co.uk.
Delivery
The Delivery procedure is normally as follows:
You shall make all arrangements necessary to download the
Goods from this website and to take delivery of the email containing the
License Key Code whenever it is sent.
License Key Codes will normally be delivered within 1 working
day of receipt of order.
In any event time of delivery shall not be of the essence and
the Seller shall not be liable for any losses, costs, damages or expenses incurred by
you or any third party arising directly or indirectly out of any failure to
meet any estimated delivery date.
Risk of loss or damage to the Goods shall pass to you when
they leave our premises.
Our Rights
The Seller reserves the right to:
The Seller shall not be liable to anyone for withdrawing any Goods
from this website or for refusing to process an order.
No Warranties
The Seller does do not warrant that any products sold to you will
meet your requirements or that their operation will be uninterrupted or error
free.
If you need a contractually binding term or condition relating
to a particular product then you must before you order provide us with all
relevant information and details of precisely what assurance you are seeking.
You can do this by contacting us on +44 (0)1392 217855
or by email at Sales@KineticaRT.co.uk.
However you do need to obtain our separate written unambiguous agreement to the term or
condition concerned and we can withhold our agreement to it at our entire
discretion and without giving reasons.
Refund Policy
If you are not entirely satisfied with your purchase you can
return it for a "credit note" provided that:
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An evaluation copy of the product was not available from this website at the
time of purchase; and
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A properly completed Return Request Form has been received, within 30 days of
the order date, confirming that:
To obtain a Return Request Form please contact us on +44
(0)1392 217855 or by email at Sales@KineticaRT.co.uk.
Within 5 days of receipt of your Return Request Form (and
receipt of products where applicable), we will issue a "credit note" equal to
the amount you paid. The "credit note" must be applied to your next order
within 90 days.
Please contact us when you are ready to place your next order.
This website offers business-to-business transactions only. Because of the nature of the products we are offering, monetary refunds will only be given at the discretion of the Seller. In the case of a monetary refund, the refunded amount will normally be reduced by the transaction charges.
Software Piracy and Licensing
Each of the Seller’s products contains a license to best meet its
commercial interests. By ordering from the Seller you are agreeing to comply with the
license terms of the product(s) that you have purchased.
Limitation of Liability
Except as may be implied by law where the Buyer is dealing as
a Consumer, in the event of any breach of these Terms and Conditions by the Seller the
remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or
damage whatever, even if the Seller has been advised of the possibility of such
damages.
In particular without limiting the generality of the
foregoing, the Seller accepts no liability for any defective programmes, code or loss
or corruption of data made or stored using products obtained from the Seller nor for
the costs of recovering or replacing such programmes, code or data.
Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury resulting from the negligence
of the Seller or that of the Seller’s agents or employees or based on a proven claim against
KineticaRT Ltd of fraudulent misrepresentation.
Waiver
No waiver by the Seller (whether express or implied) in enforcing any
of its rights under this Contract shall prejudice its rights to do so in the
future.
Force Majeure
The Seller shall not be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited to acts
of God, strikes, lock outs, accidents, war, fire or breakdown of plant or
machinery, and the Seller shall be entitled to a reasonable extension of its
obligations.
Changes to Terms and Conditions
The Seller shall be entitled to change these Terms and Conditions at
any time.
Severance
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable provision
eliminated.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and Wales
and you hereby submit to the exclusive jurisdiction of the courts of
England and Wales.
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