TERMS OF SALE - BUSINESS CUSTOMERS:
These are our terms and conditions of sale if you’re a business:
These Terms of Sale set out the terms under which Paid Content is sold by Us to business customers through this website, www.terraformpro.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing Paid Content. You will be required to read and accept these Terms of Sale when ordering Paid Content. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1.1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase of Paid Content, as explained in Clause 6;
“Paid Content” means the digital content sold by Us through Our Site;
“We/Us/Our” means Horizon Simulation Ltd, a company registered in England under 04991068, whose registered address is 11 Castle Hill, Maidenhead, Berkshire, SL6 4AA.
2.1. Our Site, www.terraformpro.com, is owned and operated by Horizon Simulation Ltd, a limited company registered in England under 04991068, whose registered address is 11 Castle Hill, Maidenhead, Berkshire, SL6 4AA, UK.
3.1. Access to Our Site is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1. These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). If you are a consumer, please consult our Consumer Terms of Sale.
4.2. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5.1. We make all reasonable efforts to ensure that all descriptions Paid Content available from Us correspond to the actual Paid Content that you will receive.
5.2. We may from time to time change Our prices.
5.3. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content.
5.4. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
5.5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
5.6. All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Paid Content at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 5 days, We will treat your order as cancelled and notify you of this in writing.
5.7. If the price of Paid Content that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.8. Renewal prices for subscriptions to Paid Content will be charged at the price shown on Our Site at the time of placing your original order. We will not increase the price of your subscription for the entire duration it remains active, even if the price shown on Our Site is increased after you placed your original subscription order.
5.9. If you cancel your subscription to Paid Content, any subsequent subscriptions will be charged at the price prevailing on Our Site at the time you place your order.
5.10. All prices on Our Site exclude VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.1. Our Site will guide you through the process of purchasing Paid Content. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
6.3. No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase Paid Content constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Confirmation by email. Only once We have sent you a Confirmation will there be a legally binding Contract between Us and you.
6.4. Confirmations shall contain the following information:
6.4.1. Your order ID;
6.4.2. Confirmation of the Paid Content ordered;
6.4.3. Fully itemised pricing for your Paid Content including, where appropriate, taxes, and other additional or recurring charges;
6.5. In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
6.6. Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.7. Refunds under this Clause 6 will be made using the same payment method that you used when purchasing Paid Content.
7.1. Payment for Paid Content must always be made in advance. Your chosen payment method will be charged when We process your order and send you a Confirmation unless the Paid Content if for a subscription with a free trial period, in which case your chosen payment method will be charged at the end of your free trial period.
7.2. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.3. We accept the following methods of payment on Our Site:
7.3.1. Visa Debit/Credit Card;
7.3.2. Mastercard Debit/Credit Card;
7.3.3. American Express Credit Card.
7.4. If you believe that We have charged you an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let Us know.
8.1. Paid Content will be available to you immediately when We send you a Confirmation and will continue to be available for 24 months from the time you placed your order. Subscription Paid Content downloads will continue to be available for the duration of your subscription.
8.2. In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.2.1. To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.3;
8.2.2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.3; or
8.2.3. To make more significant changes to the Paid Content, as described above in sub-Clause 5.4.
9.1. When you purchase Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
9.2. The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
9.2.1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10.1. If you purchase Paid Content by mistake, please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content We will be able to cancel the purchase and issue a full refund. If you have accessed any Paid Content once the has purchase is completed, We will not be able to offer any refund and you will continue to have access to the Paid Content.
10.2. If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation by email.
10.3. If you have subscribed to Paid Content, you can cancel your subscription at any time in the ‘Account’ > ‘Subscriptions’ section of Our Site. You will continue to be able to access and to use any subscription based Paid Content for the remainder of the subscription period for which you have already paid.
11.1. We strive to provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
11.1.1. If the Paid Content has faults, you will be entitled to a repair or a replacement.
11.1.2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
11.2. Please note that We will not be liable under this Clause 11 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
11.3. If there is a problem with any Paid Content, please contact Us at firstname.lastname@example.org or visit the Support page on Our Site to inform Us.
12.1. Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
12.2. Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the total sums paid by you under the contract in question.
12.3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2. If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1. We will inform you as soon as is reasonably possible;
13.2.2. We will take all reasonable steps to minimise the delay;
13.2.3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary.
14.1. If you wish to contact Us with general questions or complaints, you may contact Us by email at email@example.com.
14.2. For matters relating the Paid Content, please contact Us by email at firstname.lastname@example.org.
15.1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
15.2. We may use your personal information to:
15.2.1. Provide Paid Content to you;
15.2.2. Process your payment; and
15.2.3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
15.3. We will not pass on your personal information to any third parties without first obtaining your express permission.
16.1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
17.1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.