Terms and Conditions

 

  This Agreement sets out the terms and conditions of your use of the Elton Solutions Ltd website located at www.eltonsolutions.com ("the Website") and the purchase of software from the Website.

Agreement
The use of the Website constitutes your acceptance, without modification, to the terms, conditions and disclaimers contained in this Agreement. If you do not accept these Terms and Conditions you should not use any of the documents or information contained herein and you should leave the Website immediately.

Disclaimer
The information and products available on the Website are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy. By using the Website you agree that in no circumstance shall Elton Solutions Ltd be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, arising out of or in any way connected with the use of the Website or the products, under any law or on any basis whatsoever whether contractual or otherwise. In addition you agree that if, for any reason, Elton Solutions Ltd is liable for any damages, other than those for death or personal injury, the total liability of Elton Solutions Ltd shall be limited to the amount of the software purchased.

LIMITED WARRANTY.
Elton Solutions warrants that (a) the SOFTWARE PRODUCTS will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Elton Solutions shall be substantially as described in applicable written materials provided to you by Elton Solutions, and Elton Solutions support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES.
Elton Solutions and its suppliers’ entire liability and your exclusive remedy shall be, at Elton Solutions option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Elton Solutions Limited Warranty and which is returned to Elton Solutions with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United Kingdom, neither these remedies nor any product support services offered by Elton Solutions are available without proof of purchase.

NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELTON SOLUTIONS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.

LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall Elton Solutions or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other financial loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Elton Solutions has been advised of the possibility of such damages. In any case, Elton Solutions entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or GB £5.00; provided, however, if you have entered into a Elton Solutions Support Services Agreement, Elton Solutions’s entire liability regarding Support Services shall be governed by the terms of that agreement.

Hyperlinks
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

Alteration of Terms and Conditions
We reserve the right to alter the Terms and Conditions from time to time, but this right shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Website.

Complaints
For complaints about our service or any of our products please contact us at support@eltonsolutions.com we shall endeavour to respond to complaints within 3 working days.

Entire Agreement
This Agreement constitutes the entire agreement between us concerning its subject matter.

Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

General
Your statutory rights are not affected.

Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England, and each of the parties submits to the exclusive jurisdiction of the courts of England.

Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All information provided via the website is treated as confidential and not shared with any third party for any purpose whatsoever.

Privacy
We respect your privacy and are committed to protecting it. We recognize your need for appropriate protection and management of the personal information we learn about you while you visit our site, and what service(s) you request. We will take reasonable steps to protect the information you share with us from unauthorized access or disclosure.

Contact details
Kendal House,
Murley Moss Business Village,
Oxenholme Road,
Kendal, Cumbria,
LA9 7RL,
United Kingdom
Tel: 01524 35866
Fax: 0845 2991543


 




 



Registered in England no. 4772185.
© 2008 Elton Solutions Ltd. All Rights Reserved