These terms apply to purchases of software and digital content ("Products") sold to any person or entity ("You") through this website by Exbos Limited. IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.
Prices payable for Products are those in effect at the time of receiving the order, unless otherwise expressly agreed or mentioned. Prices will be indicated on the website.
Exbos Limited reserves the right prior to the order Acceptance to withdraw any discount and/or to modify prices.
All prices and descriptions mentioned on this website may be withdrawn or modified at any time. Exbos Limited reserves without liability the right to reject your order if is not able to process or fulfill it. In this case Exbos Limited will refund any prior payment that you have made for that product.
Any order submitted by you to Exbos Limited is an offer to purchase products on these conditions and is subject to Exbos's acceptance.
Acceptance of your order takes effect and the contract is concluded when Exbos Limited deliver your Licence Key. You declare that all and any information provided by you when placing an order is up-to-date and materially accurate in order for Exbos Limited to fulfill your order.
You are responsible for maintaining and updating your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.
Delivery of products is specified on the website. Products are delivered electronically by License Key. Exbos Limited will not be liable in respect of electronic delay, caused by receipt of, or application of License Keys.
Delivery will be made to a valid email address submitted by you. You must check the delivery address on Exbos acceptance provided to you and notify Exbos about errors or omissions.
Exbos reserve the right to charge you for any extra costs arising from changes you make to the delivery address after you submit an order.
Proprietary Rights. The information and materials made available through the Site, including the Software, are and shall remain the property of Exbos Limited.
6.1 Subject to Condition 6 above this Condition sets out the entire liability of Exbos Limited (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of:
6.1.1 any breach of the Conditions or the Contract; and
6.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
6.2 Nothing in the Conditions excludes or limits the liability of Exbos Limited for death or personal injury caused by Exbos Limited’s negligence, or for fraudulent misrepresentation.
6.3 Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the contract value.
6.4 Exbos Limited shall not be liable to the Purchaser for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Purchaser to any other person for any economic loss, claim for damages or awards howsoever arising from the goods or otherwise.
7.1 Exbos Limited may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Exbos Limited if:
7.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;
7.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Exbos Limited to remedy or desist from such breach within a period of 14 days;
7.1.3 any distress execution or diligence is levied upon any of the Purchaser's goods or property and is not paid out within 7 days of it being levied;
7.1.4 the Purchaser (being a partnership) or the Purchaser's partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner generally or there is presented in relation to the Purchaser or the Purchaser's partner a petition of bankruptcy;
7.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser’s business, undertaking, property or assets;
7.1.6 the Purchaser ceases, or threatens to cease, to carry on business;
Whilst
Exbos Limited has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue, full technical specifications are not necessarily included and furthermore,
Exbos Limited's policy is one of continuous improvement and the right is reserved to alter details and information as the need arises.
Accordingly, the Purchaser should check any details and information they wish to rely on with
Exbos Limited at the time of purchase.
Exbos Limited cannot accept liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.
Exbos Limited will at all times comply with its obligations under the Data Protection Act 1998. For further information please see
Exbos Limited’s Privacy Policy.