Business Terms & Conditions

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Background:

This agreement applies as between you, the User of this Web Site and PSMotion Ltd.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should discontinue using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

"We" and "Us" means the PSMotion Ltd.  Full trading addresses are provided on the About Us pages of this site.

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications systems on the Web Site;

“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Goods” means any products that We advertises and  / or makes available for sale through this Web Site;

“Service” means collectively any online facilities, tools, services or information that We makes available through the Web Site either now or in the future;

“Payment Information” means any details required for the purchase of Goods from this Web Site.  This excludes credit / debit card numbers.  These details are processed by our third party secure payment handler;

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises” Means our place(s). Full addresses are provided on the About Us pages of this site;

“System” means any online communications infrastructure that We make available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Us and acting in the course of their employment; and

“Web Site” means the website that you are currently using psmotion.com and any sub-domains of this site (e.g. subdomain.psmotion.com) unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

4. International Customers

The primary focus of the web site you are using relates to the sale of machine design software.  If you purchase goods from this web site you may be liable to taxes in the country in which you reside.  We are not liable for any extra charges that may be levied on you by your authorities.

5. Accounts

5.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details.  By continuing to use this Web Site you represent and warrant that:

5.1.1 all information you submit is accurate and truthful;

5.1.2 you have permission to submit Payment Information where permission may be required; and

5.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

5.2 It is recommended that you do not share your Account details, particularly your username and password.  We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

5.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Us immediately.  We do not process any payments directly through this site.  In the event that an unauthorized purchase has been made using your account and our payment handling partner processes a payment using your payment details you should immediately notify us.

5.4 When choosing your username you are required to adhere to the terms set out in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

6. Termination and Cancelation

6.1 Either We or you may terminate your Account.  If We terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

6.2 If We terminate your Account, any current or pending purchases on your Account will be canceled.

6.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

6.4 If purchases are canceled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

6.5 If you terminate your Account any non-dispatched purchases will be canceled and you will be refunded any monies paid in relation to those purchases.

7. Pricing

7.1 All pricing information on the Web Site is correct at the time of you going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. 

7.2 All prices on the Web Site exclude VAT.

8. Payments

Payments are made to PSMotion Ltd, via our third party secure payment handler.

9. Delivery

We will notify you by way of email when your goods are available.  In most cases your goods will be available for downloading or accessing once your payment is confirmed.

10. Refunds Policy

The Goods of PSMotion Ltd. are digital.  For this reason our standard policy is not to provide refunds.

11. Disclaimers

11.1 We make no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

11.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

11.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

12. Changes to the Service and these Terms and Conditions

We reserve the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If We are required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

13. Availability of the Web Site

13.1 The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

13.2 We accept no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

14.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of us.

14.3 Nothing in these Terms and Conditions  excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

14.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

15. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

16. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

17. Notices

All notices / communications shall be given to us either by post to our Premises (see About Us) or by email using the form on this sites Contact Us page.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

18. Law and Jurisdiction

These terms and conditions and the relationship between you and Us shall be governed by and construed in accordance with the Law of England and Wales and We and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.