CONDITIONS OF WEBSITE & TRADER PRODUCT USE
INFORMATION ABOUT US
This is a website owned and operated by Softec Ltd and designed by Softec Ltd.
TERMS OF WEBSITE USE
If you place orders for any goods from this website (where that functionality is available), your purchase will be governed by our Terms and Conditions of sale. If you do not have them, please ask for at our yard or over the telephone.
If you are a consumer, nothing in these conditions will affect your statutory rights and if any of these conditions is held to be illegal, invalid or unenforceable in law, then it shall be deleted from these conditions but the remaining conditions will survive and continue to be enforceable.
ACCESSING OUR WEBSITE
We reserve the right to revise this website or withdraw access to part or all of it at any time. We may also change these conditions from time to time so you should check back regularly as you will be bound by any changes from the next time you access the website.
The material and information on this website is directed solely at and is to be used only by persons who access it from within the United Kingdom and these conditions are only available in English. The release, publication or distribution of the information contained on this website in jurisdictions outside the United Kingdom may be restricted by laws that apply in other jurisdictions.
ACCOUNT INFORMATION AND USER IDENTIFICATION
Where applicable, it is your responsibility to ensure the confidentiality of your account, user identification, password or any other information provided as part of our security procedures. You agree to accept responsibility for all activities that occur using your account, user identification or password and acknowledge that we shall not be liable to any person for any loss or damage which may arise as a result of your failure to keep this information secure. Please let us know immediately if you believe that your password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.
We reserve the right to disable any user identification, account or password, at any time, if in our opinion you have failed to comply with any of the provisions of these conditions of use.
RELIANCE ON INFORMATION ON THIS WEBSITE
Although we have taken reasonable care to ensure that the information on this website is accurate and up to date, you should not rely on it as it is provided on an ‘as is’ basis and for guidance only. We and our affiliated companies do not make any warranty of any kind (expressed or implied) as to, or accept liability for, (in each case to the extent permitted by law), the accuracy, completeness, currency or reliability of any information contained on this web site.
The material displayed on this web site is provided without any guarantee, condition or warranty and we accept no liability for:
(a) economic loss (examples of which are loss of revenues, data, profits, contracts, business or anticipated savings),
(b) business losses or expenses,
(c) loss of goodwill or reputation, or
(d) indirect loss or damage,
that arises from your reliance on, or the use of, the website (except for any claim arising from any purchases you make which will be governed by our Terms and Conditions of Sale).
However, we never restrict our liability in respect of fraudulent misrepresentation, death or personal injury caused by our negligence or any matter which it would be illegal for us to exclude, or try to, exclude our liability.
VIRUSES AND HACKING
We cannot guarantee the speed or security of this website and we shall not be responsible for or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, Trojan horses or other technologically harmful material that may infect your computer due to the use of this website.
LINKS FROM OUR WEBSITE
Where this website contains links to other websites or resources from other third parties they are provided for your convenience only. We and our affiliate companies have no control over the content of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
COPYRIGHT AND TRADEMARKS
The copyright in all website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this website belongs to us, our affiliates and our suppliers.
You may download and print extracts from this website if you want to keep a copy or for your administrative purposes provided that you do not modify any material and you retain the copyright notice and provided that you do not make commercial use or gain from the website or any of its content. Any other use of material on this website is strictly prohibited without our prior written consent.
All brand names used in the website are trade marks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders’ rights.
JURISDICTION AND APPLICABLE LAW
This website, all its content and any contract brought into being as a result of its use shall be governed by and construed in accordance with English law. By using this website you agree to submit to the exclusive jurisdiction of the English courts.
SYSTEMS & INFORMATION RESOURCES
End-User License Agreement
The TRADER system (“PRODUCT”) is a proprietary and copyrighted product of Systems & Information Resources (“SIR”). It is LICENSED (NOT SOLD) only on the terms of this END-USER LICENSE AGREEMENT.
Please read this agreement carefully. Printed copies are available on request. Using this software indicates your acceptance of the terms and conditions of of this agreement and of the requirement to execute this license.
You have acquired the right to use the PRODUCT in object code form directly from SIR even though distributed by a Reseller. You assume responsibility for the selection of the program to achieve our intended results, and for the installation, use and results obtained from the licensed materials.
In consideration of your acceptance of the terms and conditions contained in this Agreement, SIR grants you a non-exclusive license to use the PRODUCT and the associated documentation for your own data processing needs.
Title and copyright to the PRODUCT, including the object code, product media and documentation, remain with SIR. You may not use the PRODUCT unless you obtain prior authorisation from SIR, or otherwise execute a new End-User License Agreement for each new copy of the PRODUCT used. You may not reverse engineer, translate, disassemble or decompile the PRODUCT, in whole or in part.
This license is effective from first use of the PRODUCT and shall continue until terminated. You may terminate it at any time by destroying all product media and by certifying that the PRODUCT has been removed from any hard disk on which it was installed.
SIR has the right to terminate this agreement if you fail to comply with any term or condition of this Agreement.
Upon termination you shall destroy or return the PRODUCT to SIR with a letter signed by you stating that the PRODUCT and the documentation and all copies have been returned or destroyed and the copy of the PRODUCT on the hard disk has been removed.
CONDITIONS AND WARRANTY
SIR WARRANTS THAT FOR A PERIOD OF NINETY(90) DAYS FROM DATE OF DELIVERY THE PRODUCT, WILL PERFORM ACCORDING TO THE SPECIFICATIONS SET FORTH IN THE ACCOMPANYING DOCUMENTATION AND WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE.
EXCEPT FOR THE EXPRESSED WARRANTY STATED HEREIN, SIR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCT LICENSED HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
SIR does not warrant that the functions contained in the PRODUCT will meet your requirements or that the operation of the system will be uninterrupted or error free, or will function properly in every hardware environment. SIR will not honour any warranty if this Agreement is not signed and returned to SIR.
LIMITATIONS OF REMEDIES
SIR’s entire liability and your exclusive remedy, if the Reseller from whom you acquired the licensed materials is unable to deliver acceptable replacement diskettes, shall be limited to your purchase price, which shall be paid to you upon return of the PRODUCT and the letter certifying complete return.
IN NO EVENT WILL SIR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF SIR OR ANY OF ITS RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. SIR’S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS PAID TO SIR HEREUNDER FOR THE PRODUCT.
You may transfer the PRODUCT to another party only if you receive SIR’s prior written consent and the other party executes an End-User Sub-License Agreement. Your license will then be terminated as provided for above.
THE PRODUCT AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAW, UNLESS SPECIFICALLY AUTHORIZED BY SIR, THE COPYING, DUPLICATION, SALE, OR OTHER UNAUTHORIZED USE OR DISTRIBUTION OF THE LICENSED MATERIALS IS PROHIBITED. IT IS A POLICY OF SIR TO SEEK WHATEVER CRIMINAL AND/OR CIVIL REMEDIES ARE AVAILABLE AGAINST ANY PERSON OR COMPANY INFRINGING THE COPYRIGHT AND/OR RESTRICTIONS IMPOSED BY APPLICABLE LAW.
This agreement will be governed by the laws of England and Wales except in those jurisdictions where the application of English law is contrary to public policy. In such instances, the law of the jurisdiction where the end-user is located applies.
It is understood and acknowledged that SIR has the unequivocal right to obtain a timely injunction relief to protect SIR’S proprietary rights. If you have any questions concerning this Agreement, you may contact SIR by writing to SIR, 4 Hostle Park, Ilfracombe, Devon, EX34 9HW. Any questions regarding the PRODUCT and its use are the responsibility of your Reseller.
YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDED ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THIS SUBJECT MATTER OF THIS AGREEMENT.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED. FAILURE TO RETURN THIS AGREEMENT DOES NOT AFFECT ANY OF THE RIGHTS OR OBLIGATIONS OF THIS LICENSE.