Table of Contents
- Privacy, security and your obligation for use of your password
- Information about IDBS licenses and license refunds
- Warranties and warranty disclaimer regarding items you acquire
- Exclusive remedy; damage exclusions and limitations regarding IDBS software
- License to use the IDBS online purchasing and registration section of the www.idbs.com site
- Your representations & warranties
- English Law
- Electronic communications; notices
- Submission of comments; ideas and other information
- Promotions
- Order availability, shipping and cancellation
- Payment and pricing; credit for refunds
- Geographical and export restrictions
- Changes to Terms & Conditions
- Miscellaneous; entire Agreement
- Disclaimer
1. Privacy, security and your obligation for use of your password
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on Privacy Policy). The Policy explains how certain information about you may be used. You acknowledge and agree that IDBS may exchange, use and store information about you and your orders in accordance with our Privacy Policy. Please consult our security statement on the Site which explains how credit card payment related information is managed. If an order is placed through the Site with your password, we will assume that you have either placed the order yourself or have provided information to or received it from someone who is authorized to place the order. Subject to applicable law, you agree that we may make that assumption and that you will be obligated for that order. So please protect and guard access to your computer and your password. You can increase the protection provided by your password by using it only at this Site, choose another password for use at other sites.
2. Information about IDBS licenses and license refunds
IDBS software is licensed, not sold. All ownership, title and intellectual property rights in and to the software (if any), accompanying your order, including any associated media and any documentation or printed materials are owned by IDBS or its suppliers. All orders are subject to your consent to any applicable license that is delivered with or included in the item.
If you use the software or take any other action that is described in the packaging or the software as constituting your consent to or agreement with the license, then that conduct will constitute your agreement. In the event that you have chosen to evaluate a downloaded product prior to purchase, you must request an activation keycode prior to the end of the relevant evaluation period to continue using the software.
3. Warranties and warranty disclaimer regarding items you acquire
IDBS does provide warranties for certain software and other items, but only if a warranty labeled Limited Warranty is delivered with the item. For software, any Limited Warranty will be found or referenced in the license. Not all software comes with a warranty. For example, IDBS does not provide any warranties with free software or software that is provided on a free trial basis. Any Limited Warranty does not include any statements made on packaging or in manuals and other documentation – you agree that those are provided and will be accepted by you for informational or instructional purposes only and not as warranties. Unless you are provided a limited warranty that applies to the particular item you have obtained, all items are supplied as is and with all faults, to the full extent allowed by applicable law. Also, IDBS does not provide any warranty of title, or any warranty against interference with your enjoyment of the item or against infringement.
4. Exclusive remedy; damage exclusions and limitations regarding IDBS software
Unless an IDBS license or another IDBS contract provides for different remedies, damages or limits, your exclusive remedy against IDBS for any breach of warranty or contract under this Agreement including without limitation, the Privacy Policy, is limited to repair, replacement or refund with respect to the item in question, at IDBS’ option and subject to applicable law. Except for damages that are required by law to be paid, you will only be entitled to the direct damages that you actually incur in reasonable reliance, up to the amount of a refund of the price (plus VAT if applicable) that you paid for the item. You will not be entitled to any incidental, consequential or other damages, including but not limited to damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence or negligent misrepresentation and for any other pecuniary or other loss whatsoever, even in the event of the fault of IDBS (or any supplier), or tort including negligence, strict or product liability, breach of contract or breach of warranty, and even if IDBS or any supplier has been advised of the possibility of such damages, these limitations and exclusions regarding damages will apply even if any remedy fails.
5. License to use the IDBS online purchasing and registration section of the www.idbs.com Site
We hereby grant you the right to view and use the Site solely for the purpose of shopping in accordance with the Agreement. You may download and print copies of these Shop Terms & Conditions, the IDBS.com Terms of Use, and of screens from this Site for the purpose of retaining records of your transactions at the Site. Subject to applicable law, IDBS reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
6. Your representations and warranties
You represent and warrant for the benefit of IDBS that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; and (c) all information that you submit to us is true, accurate and current.
7. English Law
Licenses for IDBS software are generally governed by the laws of England: this Agreement is also governed by that law. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in England in all disputes arising out of or relating to a license or this Agreement. Sometimes a license or applicable law might specify another governing law or jurisdiction, in which case that law and jurisdiction will apply as applicable. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. IDBS’ performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that IDBS may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement.
8. Electronic communications; notices
Shopping at the Site is conducted electronically and you agree that we can communicate with you electronically. For example, we may send you email asking about your experience with IDBS, email notices and other disclosures about your orders.
IDBS provides an order confirmation by email. However, since email is not infallible, you also agree to keep all records relating to your order, including, where possible, printing a copy of your order confirmation page. To the extent allowed by law, you agree that the above replaces and satisfies any law that provides for different methods or timing for your receipt of notices relating to your transaction. IDBS also reserves the right to deliver notices and disclosures by other means such as postal mail, and to receive notices in writing when that method is specified elsewhere in this Agreement.
9. Submission of comments; ideas and other information
Any comments or information that you provide to IDBS, for example feedback or ideas in response to a customer survey regarding the Site, suggestions, ideas, concepts, or other information (collectively, the Submissions), shall be deemed, and shall remain, the property of IDBS. None of the Submissions shall be subject to any obligation of confidence on the part of IDBS, and IDBS shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, IDBS shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.
10. Promotions
No promotion (e.g., special price discount) is offered by IDBS unless the promotion explicitly so states. You agree that offers from non-IDBS companies on the Site are solely liable for their promotions and that IDBS is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. IDBS reserves the right to withdraw or refuse to honor any promotion that has been altered or modified – other than by IDBS.
11. Order availability, shipping and cancellation
All items ordered from IDBS are subject to availability and may not be available for acquisition and shipment to all countries. We reserve the right to reject any and all orders. IDBS also reserves the right to limit the quantity of any items that may be obtained by you through this Site.
Software can be downloaded from the IDBS website. In case you do not have access to or are not authorized to download software a CDROM can be dispatched to you upon request (please contact support@idbs.com). License registration keycodes are only sent by email.
When you request a license registration keycode (as part of a purchase or of an existing agreement) for any product that has been downloaded from the IDBS website that has a free trial period, refunds will be given at the discretion of the company management. You may cancel all or any part of your order before you submit the order.
If you have problems with your license registration keycode please contact us by email (registration@idbs.com).
12. Payment; credit for refunds and pricing
Only valid credit cards acceptable to WorldPay may be used for orders placed with IDBS, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All prices and availability of products are subject to change without notice. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
13. Geographical and export restrictions
Items obtained from IDBS may only be shipped to or downloaded by customers residing in countries permitted by applicable export control laws and regulations of the United Kingdom. You agree to comply strictly with all relevant export laws, regulations and orders, and assume sole responsibility for obtaining any required licenses to export or re-export products or technology.
14. Changes to Terms & Conditions
This Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer’s visit. Similarly, at this Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review it.
15. Miscellaneous; entire Agreement
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) together with any license or agreement with IDBS delivered in connection with any item acquired via the Site, constitutes the entire agreement between you and IDBS with respect to the Site and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and IDBS regarding the Site and/or any order you place through it.
16. Disclaimer
All of the materials and services provided at this Site are provided as is and any warranty, condition or other term of any kind including without limitation any warranty of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement of intellectual property is hereby excluded. Applicable law may not allow the exclusion of implied warranties, in which case the above exclusion may not apply to you. IDBS does not warrant the accuracy and completeness of the materials on this Site. IDBS takes no responsibility for any financial or other loss whatsoever as a result of this website being unavailable at any time for any reason. IDBS takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of this site. IDBS may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date, and IDBS makes no commitment to update the materials at this site. Information published at this site may refer to products, programs or services that are not available in your geographic location.