1. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
1.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
1.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, We will refund any prior payment that you have made for that item.
1.3 An order submitted by you constitutes an offer by you to us to purchase the GroupDealTools ("GDT") software and website hosting Subscription on these Conditions.
1.4 At the time of such acceptance by GDT an automatic e-mail acknowledgement of your order will be generated.
1.5 Our acceptance of your order takes effect and the contract is concluded at the point where such offer is expressly accepted by GDT, your payment method authorizes and your order is electronically delivered ("Acceptance").
1.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however, You must make sure you print a copy of all such documents and these Conditions for your own records.
2. DELIVERY AND RISK
2.1 Delivery shall be shall be electronic and instant download/access.
2.2 Software username and password will be provided instantly upon completion of the sign up process.
2.3 A backup copy of your username/password and url for access will be provided via email.
3. REJECTION, DAMAGE OR LOSS IN TRANSIT
3.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions:
3.1.1 We shall not be liable and You shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on Your part) where notified in writing to Us within 5 days of such defect becoming apparent.
3.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
3.1.3 Where there is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.
4.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You or You take or suffer any similar action in consequence of debt or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may:
4.1.1 stop any Products in transit; and/or
4.1.2 suspend further Product deliveries; and/or
4.1.3 stop or suspend provision of Services; and/or
4.1.4 by written notice, terminate Your order and all or any other contracts between Us and You.
5. LIABILITY LIMITATION
5.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
6. THIRD PARTY RIGHTS
6.1 You shall indemnify Us against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
6.2 To the fullest extent permitted by law, we shall have no liability to You in the event the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to You only such right or title as we have.
7. WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS.
7.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine Your rights and remedies in this regard.
7.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard.
7.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
7.3.1 products have been repaired or altered by persons other than the manufacturer, Us or any authorized dealer; and/or
7.3.2 defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or
7.3.3 defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by Us in connection with the delivered Products.
7.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
8. SCOPE & APPLICATION
8.1 By placing your order through this website, you understand that all payments for products and services will be made in U.S. dollars, or the local currency in an amount equal to the U.S. dollar prices contained herein, providing however for the fluctuation in currency exchange rates as outlined below. When placing an order from a country outside the United States or using a foreign means of payment, all payments will be subject to any applicable transfer, bank, and currency exchange fees. As currency exchange rates are ever changing, it is the customer's responsibility to be aware of the exchange rate and any applicable transfer, bank and currency exchange fees which may apply for their purchase. While we make every effort to ensure that the advertised local currency price is up to date with the U.S. dollar billing price, due to fluctuaction in currency exchange rates it is understood and explicitly agreed that, from time to time, there may be variation between the advertised local currency price and the amount that is billed in U.S. dollars.
8.2 By submitting your order you access to GDT software for a period of time. Your access period begins immediately upon placing your order and upon the immediate electronic delivery of your username and password displayed on the Congratulations page and delivered separately to you via e-mail. You will have access to GDT software for a period of 1 month, 3 months or 6 months dependent upon which option you selected for purchase. You will be billed $49.90 at the time of order submission if you selected the 1 month option, you will be billed $69.90 at the time of order submission if you selected the 3 month option and you will be billed $89.90 at the time of order submission if you selected the 6 month option. Once your access period expires, you will have the option to purchase another access period for continued use of GDT software. Should you have any questions regarding your purchase, you can contact GDT by calling toll-free at +44-808-168-3922 or by emailing firstname.lastname@example.org.
8.3 You unconditionally and expressly agree and accept the Conditions set forth herein as a binding contract ("the Agreement") enforceable by law. The following are the terms and conditions of participation in the GDT Software Subscription ("Subscription") or any other Product on this Site, all such references to Subscription or Product combined shall be ("Product"). "Customer", "I", "You" or "Your" refers to you as Customer. "GDT" or "Us" refers to the program/software provider.
9. INTRODUCTORY PERIOD AND BILLING
9.1 You authorize GDT Hosting or associated product owners to initiate debit/credit entries to your bank deposit account or credit card as indicated upon sign-up and enrollment. This authority is to remain in full force until payment for your purchase order has been received.
9.2 If your payment is not collected by credit card within 30 days of the due date, your GDT hosting/software account may be suspended. You expressly agree to the billing and purchase terms set forth herein. You expressly agree to honor all charges and fees due in association with this Subscription.
10. RETURNS AND CANCELLATION POLICY
10.1 You may cancel your subscription at any time by calling Customer Care at +44-808-168-3922 twenty four hours a day seven days a week or by e-mail at email@example.com.
10.2 You may cancel at anytime during the 30 days following purchase and receive a full refund of your purchase price. Please call Customer Care at +44-808-168-3922 to make arrangement to receive your refund. All members who cancel will no longer receive continued access to the GDT software suite. Upon cancellation you will no longer be charged any additional software/hosting fees.
10.3 You explicitly agree to the following statement: "I UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED."
11.1 You agree that any disputed fee will not be charged back to your credit card issuer. You expressly agree to submit in writing any objection regarding fees to DWT Global Limited at Overseas House, 66-68 High Road, Bushey Heath, Hertfordshire, WD23 1GG
11.2 GDT, in its sole discretion, shall determine the validity of Your objection and notify you of its decision. Should you disagree with the GDT decision, you agree to mediate the dispute before litigation.
11.3 You agree to indemnify GDT or associated product owners or resellers for any financial harm or any losses caused by your objections to fees that do not comply with this Agreement. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement.
11.4 Credit Card Billing, Customer expressly agrees that if Customer pays by credit card, or demand debit, Customer shall abide by the following statement: "I hereby authorize GDT Hosting or associated product owners to initiate debit/credit entries to my bank deposit account or credit card in order to process payment for my purchase order."
12. YOUR REPRESENTATIONS
12.1 You represent that the information provided by You when placing Your order is up-to-date, materially accurate, and is sufficient for Us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product.
12.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf or on behalf of a Product manufacturer, licensor or supplier without Our express prior written consent.
12.3 PRICE AND TERMS OF PAYMENT You will be billed $49.90 if you selected the 1 month option, $69.90 if you selected the 3 month option and $89.90 if you selected the 6 month option at the time of order submission.
12.4 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on Our Acceptance.
12.5 We reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
12.6 The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable.
12.7 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
12.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.
12.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
12.10 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, We may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
13.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by You, You shall obtain such license or consent at Your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle You to withhold or delay payment of the price. Any additional expenses or charges incurred by Us resulting from such failure shall be met by You.
13.2 Products licensed or sold to You under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
13.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches Your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by You, since We have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
14.1 Any notice or other communications in relation to Our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
14.1.1 in relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
14.1.2 if posted, 5 working days after the date of posting;
14.1.3 if by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a working date, the first working date thereafter);
14.1.4 if sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
15. PERSONAL INFORMATION AND YOUR PRIVACY
16. GOVERNING LAW
16.1 The construction validity and performance of these Conditions shall be governed by Utah Law and You agree to submit to the exclusive jurisdiction of the Utah Courts, in the event of legal proceedings arising from any dispute; The language of any dispute resolution procedure or any proceedings will be English.
17.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over Your rights under these Conditions. Any purported assignment shall be null and void.
17.2 We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the performance by reason of any circumstances beyond Our reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials and in such event we may elect to cancel Your order and refund any payments made.
17.3 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions upon prior written notice to You with effect for the future - subject to Your right to reject, by way of written notice, our modifications to these Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
17.4 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
17.5 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
17.6 If for any reason We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
17.6.1 these Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
17.6.2 in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
17.6.3 In some instances, billing for your product or hosting fee may originate from outside the United States and on some occassions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement.