Terms & conditions

Users of this Website ("you") acknowledge that you use this Website subject to these Terms & Conditions:

Orders

When you place an order this shall be an offer by you to purchase goods. We shall be under no obligation to accept such an offer.

The software requires a licence key to activate its full capabilities. 

You may order the product as a CD+licence key or just a licence key. In both cases your licence key will be emailed to you. If you order a CD we will post you a CD-ROM and packaging. If you order just a licence key it will be your responsibility to download the product.

Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. In the event of such failure to supply goods a full refund will be given where you have already paid for the goods.

Title to any goods you order on this Website shall pass to you on delivery of the goods provided we have processed and received payment in full for the goods.

The price you pay is the price displayed on this Website at the time we receive your order apart from the following exception. Whilst we try to ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery

We aim to dispatch all licence key orders within 1 working day.

We aim to dispatch all CD orders within 2 working days.

CDs are dispatched within the UK using first class post. They will normally arrive within 2 days, but please allow up to 7 days to receive your order.

CDs are dispatched overseas using Airmail Small Packet post. They will normally arrive within 5 days, but please allow up to 14 days to receive your order.

We will use reasonable endeavours to meet these estimated timescales however sometimes delays may occur. We shall not be liable to you for any such delay or failure to deliver the goods within these estimated timescales.

For delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. We have no control over these charges and cannot predict what they may be as Customs policies vary widely from country to country.

Risk

Risk of loss or damage to the goods passes to you on the date when goods are delivered or on the date of first attempted delivery by us.

Returns Policy

If you are unhappy with any purchase, you may return it within 14 days for a full refund. We will require a written statement of why you are unhappy with the product and an undertaking that you will not continue to use it after you have received your refund. This is in addition to your statutory rights.

Goods must be returned in mint condition, complete with all contents and packaging. Please return goods to:

Returns, Oryx Digital, Oryx House, 10 Sandringham Rd, Swindon, Wiltshire, SN3 1HP, England.

Please enclose your name and address details and reason for return inside to ensure a prompt refund.

Please note that you will be responsible for the costs of returning goods to us unless the item is faulty or it was delivered to you in error. We would recommend for your own protection that you use a recorded delivery service.

Once we have refunded you for a purchase, you will no longer be eligible for our 14 day money back guarantee on subsequent purchases.

Compatibility

We are not responsible for ensuring product compatibility with your computer's specification. We make no warranty that the goods will meet your individual requirements, it is your responsibility to ensure that the facilities and functions described are suitable for your purposes.

Amendments to our services and Terms & Conditions

We reserve the right to make changes to our Website, policies, and Terms & Conditions. Any changes will be posted on our Website. It is your responsibility to check whether the Terms & Conditions have been revised, as use of our site after the date of any revision notice shall be deemed to constitute your acceptance of the revised Terms & Conditions.

Intellectual Property

The contents of this website are copyright Oryx Digital 2005-2013.

All trademarks mentioned on this web site are recognized as belonging to their respective owners, including but not limited to: Microsoft and Windows.

Mac and the Mac logo are trademarks of Apple Computer Inc, registered in the US and other countries.

You acknowledge and agree that all copyrights, trade marks and all other intellectual property rights in the materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors.

You acknowledge and agree that the material and content contained within this Website is made available for your personal non commercial use only and that you may only download such material and content for the purpose of using this Website. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content without written permission from Oryx Digital Ltd. For example, you may not host PerfectTablePlan trial downloads (or any works derived from them) on your own website without written permission from Oryx Digital Ltd.

Liability

Nothing in these Terms & Conditions excludes or limits liability for death or personal injury caused by our negligence.

Whilst we will use reasonable endeavours to verify the accuracy of any information on the Website it is provided on an "As Is" basis and we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

Other than as expressly provided in these Terms & Conditions any indemnities, warranties, terms and conditions (whether express or implied by statute, common law or otherwise) are hereby excluded to the fullest extent permitted by law.

We will not be liable, in contract, tort (including, without limitation, negligence), pre contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms & Conditions for any of the following:
loss of profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss, damage to or corruption of data or any indirect or consequential loss whether such losses are direct, indirect, consequential or otherwise.

Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount payable by you for the good(s) in respect of one incident or series of incidents attributable to the same claim.

This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access of information provided by you.

Links to other websites

In order to add value for you we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website you do so entirely at your own risk and we are not responsible for the availability, content or opinion of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the content or opinion of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (ii) the privacy practices of such websites, or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with , the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Miscellaneous

These Terms & Conditions and all contracts formed under them shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts in connection with the determination of all disputes arising under these Terms & Conditions.

Each provision of these Terms & Conditions is severable from the others, and in the event that any provision is declared invalid or unenforceable, that provision shall be amended if possible to be enforceable, but in any event, the remaining provisions shall remain in effect.

Notwithstanding anything contained in these Terms & Conditions in the event of any obligation or obligations being partly or totally impossible of performance by us for any reason beyond our reasonable control (including but not limited to war, invasion, act of foreign enemy, hostilities whether war be declared or not, civil war or strife, rebellion, strikes, lock-outs or other industrial disputes or infrastructure failure, actions, acts of God, acts of government or defaults of third parties) then such non-performance shall not be a breach of these Terms & Conditions.

These Terms & Conditions and the Privacy Policy are a complete and exclusive statement of the understanding between us and supersede all prior agreements and representations between us, relating to the subject matter of these Terms & Conditions.

You hereby agree that the provisions of the Contracts (Rights of Third Parties) Act 1998 are expressly excluded from these Terms & Conditions so that no rights are conferred on any third parties by these Terms & Conditions.