Terms
In order to ensure a smooth working relationship between ourselves and you the client, certain guidelines have to be followed. For your protection, you have the assurance of our privacy statement and specific laws; for ours we have certain laws and our terms, which are set out below.
 
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Shopping Terms

These are the terms by which you shop with us.

The number of licences you purchase will be the number of concurrent users allowed on the multi-user files that will be despatched to you on CD.

You will be expected to run the software in a multi-user environment. It is recommended that you have a copy of FileMaker Server if more than 3 users are to be sharing the files at once. FileMaker Server is available from the "All Other Products" section of our store. Each database user licence will require a copy of FileMaker Pro (Client Software). If you do not have enough/any copies of this software you are advised to order the Database solution that INCLUDES the FileMaker Pro software.

You may make one copy of the software for back-up purposes and you are strongly advised to back up any changes to the existing system as it is used. A very good practice is to back up the system every evening and rotate the media on which this is done. For example, have two copies of the sytem and back up to one copy one night and another copy the next night and so on. This is to ensure that if a copy becomes damaged by bad or corrupt data and this is not known until it is backed up and then opened the next day, a previous days copy, that is OK, can be opened and backed up again that night and only one days data is lost, instead of the whole file. In some cases, it is possible to recover such damaged files, but this is not always recommended, see the manual that came with the software for further instructions and advice. FileMaker Server also has incremental back-up facilities - enabling the database to be backed up hourly (for example) if required.

Cruse Control are not liable for any loss of data or other consequential loss and are obliged only to provide the vendor (you) with the requested number of purchased copies of the software at the time of purchase.

You undertake not to use this software in any way that can be deemed immoral or illegal by the laws of the countries where the software is to be used or made available and to not seek to cheat or otherwise trick Cruse Control, FileMaker or other agreed upon third party out of any relevant monies owed to it, particularly in the form of any license fees due to said parties.

Any discovered attempt at fraud will result in the licence(s) being immediately revoked and you may well be reported to the proper authorities.

You may not sell, hire, distribute or otherwise make available, the software for any other use that those laid down in the terms of the purchase, at the time of the purchase, until such times, if ever, that those terms are changed or amended in any way, if applicable. If you know of anyone who may be interested in the software for themselves or their acquaintences, let them know and send them to the site, they will thank you for it and we may run a referral scheme at some time in the future in order to reward such activity. Encourage people to buy legitimate copies of all the software, music CD's and movies that they use. It is also the law.

Certain parts of the software are customisable by the client. However, Cruse Control accept no responsibility for any damage or corruption that may occur as a result of this being undertaken by the client or by any parties other than Cruse Control.

The software is licensed to you by Cruse Control and is not owned by you.

Other laws may apply.

 

© Cruse Control Limited 2006

The following terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

1. Your Right to Return the Products

1.1 If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 7 Days of delivery of the Product or the purchase of Services. However, you may not return a Product and claim a refund if the Product concerned is Software which (i) we supplied to you sealed and unused and you have broken the seal or (ii) which you have successfully downloaded from the Cruse Control Store website. You may not obtain a refund for a Service if you have commenced use of the Service. Transportation charges will apply.

1.2

A. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement, please telephone us on 01923 842 295 between 09:00 and 18.00 Monday to Friday. In the event that you are entitled to a replacement or repair the transportation will not be applied.

B. If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund, subject to the payment of the transportation charges, providing:

i) You inform us of your decision to cancel the contract within 7 Days of delivery of the Product or the date you purchased the Services; and

ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and

iii) The Product(s) are returned in accordance with paragraph 1.2 C below.

Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.

C. In the event of any necessary refund, please follow the steps below to enable us to process your refund efficiently:

(i) Please telephone us on 01923 842 295 between 09:00 and 18.00 Monday to Friday (UK time) to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number.

(ii) Cruse Control will subsequently arrange for the Product(s) to be collected by Cruse Control’s nominated carrier. You will be contacted up front to arrange for a suitable collection time and collection place. The transportation charges set out in section D below will apply.

(iii) Before returning any Product(s) to Cruse Control please check that you have:

1. Received a RMA number from Cruse Control (issued on request).

2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.

3. Used all packaging that was originally supplied.

4. Ensure the following returns address and the RMA number are clearly displayed:

Cruse Control Limited
6 Wolsey Mansions
Main Avenue
Moor Park
Northwood
Middlesex
HA6 2HL
United Kingdom

RMA number (please insert number provided to you)

5. Sealed the packaging securely.

(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt.

(v) Please note that we reserve the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs B, C and D.

D. The following transportation charges will apply:

i) If the total purchase price of the Product(s) returned is less than £200 including VAT (but exclusive of delivery charges) the charge payable by you for the return is £20.00 (inclusive of VAT).

ii) If the total purchase price of the Product(s) is more than £200 including VAT (but exclusive of delivery charges) the charge payable by you for the return is £40.00 (inclusive of VAT).

iii) The appropriate transportation charge will be deducted from your refund payment once the Product(s) has/have been inspected and deemed complete and in good condition by Cruse Control.

2. Software

2.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 2.3.

2.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.

2.3 You may also purchase any downloadable Software displayed on the Cruse Control Store Web Site. You may only pay for such Software by credit card. Once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 7 Days of receiving the download instructions request a refund in writing. Refund requests should be sent by post to us at the address shown in the contact details below. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.

3. Telephone Support

3.1 Except as otherwise stated on the Cruse Control Store Web Site at the time you place your Order we will at no additional cost provide telephone support service for Cruse Control-branded Software (bundled and not bundled), which you purchase from the Cruse Control Store Web Site. The service is available for 90 days from the date of purchase (the date of your Invoice). For Support for non-Cruse Control-branded Products you must contact the manufacturer.

3.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.

3.3 The telephone support service is available between 08:00 and 18:00 Monday to Friday. The telephone number for the telephone support service will be sent to you by post after your Products are delivered together with details of your customer number. You will bear the cost of telephone calls you make to us at your national rate.

3.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of your queries. On occasions we may need to return your call in order to suggest a resolution.

4. Our Liability

4.1 If you are a Consumer, nothing in this document shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:

4.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and guarantee services) and performance of the Services;

4.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in this document; and

4.1.3 any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in this document by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, Cruse Control will not be responsible for ensuring that the Products are suitable for your purposes.

4.3 Please note that Cruse Control will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

4.4 Cruse Control’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.

5. Contacting Cruse Control

You can contact us:

• by telephone on +44 (0)1923 842 295 between 09:00 and 18:00 Mondays to Fridays;

• by email at webinfo@crusecontrol.com; or

• by post at Cruse Control Limited, 6 Wolsey Mansions, Main Avenue, Moor Park Northwood, Middlesex, HA6 2HL, United Kingdom

When contacting us please quote your Customer Order Number.

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