1.1 By purchasing any products (the “Product(s)”) and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
2. Purchase of Products
2.1 The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
2.2 We will acknowledge by e-mail your order for a Product at the time you place your order. We will then notify you within 5 days of such email whether we have accepted your order. At the same time if we have accepted your order we will notify you of delivery dates.
2.3 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you within 14 days of acceptance of your order and give you the choice of cancelling the order and receiving a refund or of purchasing an alternative product (“Alternative Product”). If payment has been taken for the Product and you have cancelled the order we will issue a refund within 30 days of receiving notification of cancellation of the order. If you choose to purchase an Alternative Product these Terms will apply. If payment has been taken for the cancelled order we will refund to you any overpayment or take payment for any underpayment.
2.4 In the event a Product is listed at an incorrect price due to an error, we will notify you within 14 days of accepting your order of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want to purchase the Product at the corrected price we will deliver the Product to you. If payment has been taken for the Product and you cancel your order we will, on return of the Product (if the Product has been sent out) issue a refund within 30 days of such return or notice of cancellation (where no Product has been sent out). If only some of the Products you ordered are mispriced that will not affect the order in relation to any Products which were priced correctly and we will deliver these Products to you in accordance with these Terms.
2.5 Software offered under the heading “Lease” can be leased by consumers. Under leasing, there are no limitations in terms of basic functionality compared to the purchased version of the software, except for additional options which maybe excluded depending on product and offer. The lease agreement is for the stated length of the purchased product and does not have a minimum contractual period beyond the initial period purchased. The agreement terminates upon expiry of the lease period. The agreed lease price is payable in advance for the length of time stated for the product and is not refundable.
3.1 All products can be delivered via “Download Only” delivery method which be fulfilled by providing an email with a download link and the appropriate security key. You may however choose a physical package delivery method which includes a CD/DVD of the software. The Products will then be delivered to the address you give when you place your order and a delivery charge will be applicable.
3.2 Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes.
3.3 We will inform you as soon as possible after acceptance if we are unable to deliver the Products to you on the date specified by you and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery and time of delivery shall not be of the essence of the contract.
4. Right to Cancel an Order
4.1 You have the right to cancel the contract at any time up to 7 working days after you receive the Products by notifying us by email to the email address provided.
4.2 If you cancel the contract under 4.1 after the Products have been delivered to you, you must return the Products to us at the address shown on delivery note at your own cost and risk. If you cancel the contract before the Products have been delivered to you and then you receive the Products after cancellation you must not unpack them from their packaging but must immediately send them back to us. In any event you must return the Products to us within 7 working days of notifying us of cancellation under 4.1, or if later, of receiving them. If you do not we shall charge you a sum not exceeding the direct costs of recovering the Products.
4.3 Until you return the Products to us you must keep them in your possession and take reasonable steps to ensure they are not damaged. Provided that we receive the Products within the specified period in the same condition they were in when delivered to you then we will refund you for the Products in question within 30 days of the receipt by us of the Products.
4.4 Item not required – You cannot cancel a contract for computer software which has been unsealed by you and the license activated using the security key unless proof of de-activation is provided and will be subject to a re-stocking fee.
5. Prices and Payment
5.1 The prices for the Products and delivery are as set out on the Website at the time of purchase. In addition to the price you may be required to pay a delivery charge for the Products details of which are displayed on our Website.
5.2 You may apply to us in writing to set up a trade account which we may grant or refuse in our absolute discretion (“Trade Account”). If we agree to allow you such an account you must pay for any Products ordered by you within 30 days of date of our invoice. Time for payment is of the essence. If you do not pay on time we may (without prejudice to our other rights and remedies) suspend your account and/or withdraw the Trade Account in our absolute discretion at any time by notifying you in email.
5.3 If you fail to pay us any sum due pursuant to the contract, you shall be liable to pay interest to us on such sum from the due date for payment interest at the rate set out under the Late Payment of Commercial Debts (Interest) Act 1998
5.4 Payments may also be made by credit or debit card, by BACS transfer or by cheque and we shall not despatch any Products until we receive cleared funds.
5.5 If you pay as set out in clause 5.4, your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
6. Limitation of our liability
6.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
6.2 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
6.3 Our aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you under these Terms and Conditions.
6.4 We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss.
7.1 Product images are for illustrative purposes only and may differ from the actual product.
8. Links to Third Party Websites
8.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
8.2 You are not permitted (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
9.2 We do not currently store financial information such as credit/debit card numbers within our website. Third party payment gateways used by our website may store such information upon your agreement/request. No financial details used on the payment gateways will be stored by us.
9.3 What we collect – We may collect the following information:
- name and address
- contact information including email address and telephone numbers
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
9.4 What we do with the information we gather- We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
9.5 Controlling your personal information: You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us at address in contact details below.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
10.1 Our secure payment server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
11.1 Shiraz Software will provide reasonable customer support service via email (“Support Services”) Monday through Friday, from 9.00 a.m. until 5.30 p.m. UK time (except on those days designated as holidays). All Support Services will be limited to issues surrounding the current/latest version software only and Shiraz Software do not guarantee a response time unless otherwise stated in your agreement or you have a “priority support” agreement.
11.2 Services not included in Technical Support Services: We do not provide free technical support for the following, you must have a support contract and/or pay for consulting services if you need help with:
- Participation in integration to third party products and services
- Bespoke media profiling
- Support of non-current versions of our software
11.3 Services related to training, customization of the Licensed Software, modifications and consultation are not included in technical support services, and Shiraz Software is not obligated to perform such services; however, Shiraz Software shall undertake reasonable efforts to accommodate any request by the Licensee for training, customization and/or consultation services, and Shiraz Software shall charge its then-current rates for time and materials for such services.
11.4 If you are a reseller of Shiraz products, Shiraz Software will not provide support to your end users and you are responsible for all such support.
12. Intellectual Property
12.1 All Website, design, text and graphics belong to us. All copyright, Trade Marks and other intellectual property belong to us.
12.2 You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any Trade Marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
13. Entire Agreement
13.1 These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
14.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
15. Third Party Rights
15.1 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
16. Force Majeure
16.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
17.1 We may vary these Terms and Conditions in relation to future sales from time to time by publishing new Terms and Conditions on the Website.
18. Law and Jurisdiction
18.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Contact Details
18 Coda Studios
189 Munster road
London SW6 6AW
Tel: + 44 (0) 845 680 2484
Fax: +44 (0) 845 680 2483