Download Terms & Conditions

CREATIVE JAR TECHNOLOGY LIMITED

DOWNLOAD AGREEMENT

This page (together with the documents referred to in it) tells you the terms and conditions (Services Terms) on which Creative Jar Technology Limited (Creative Jar Technology) offers software download and other services (Services) via the website located at http://www.cjtech.co.uk (the Website). Please read these Service Terms carefully before attempting to use Services provided via the Website. You acknowledge that by registering with the Website and or using any Services, you agree to be bound by these Service Terms.

Please print and retain a copy of these Service Terms for future reference.

Please click on the button marked "I Accept" at the end of the Service Terms if you accept them. If you refuse to accept these Service Terms, you will not be able to access certain Services from the Website.

  1. The Website
    1. [The Website and the Services are only intended for use by people resident in the United Kingdom.]
    2. Creative Jar Technology may suspend the Website and/or the Services for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
    3. Creative Jar Technology reserves the right to make any changes to the Website or Services or to discontinue any aspect or feature of the Website or Services without notice.
    4. In the event that Creative Jar Technology, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website and/or Services, and/or your use of the Website and/or Services is in breach of these Service Terms, Creative Jar Technology reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

  2. Registration
    1. In order to access certain features of the Website, including the Services, you will be required to register an account with Creative Jar Technology (Login). You will only be able to use such a Login if you supply a valid email address when registering for such a Login. [A [validation link/code] will be sent to that email address to enable a Login to be activated.]
    2. By creating a Login, you warrant that:
    3. (a) You are legally capable of entering into binding contracts on behalf of the end user of any Services or software downloaded from the Website (Software), whether you will be using the Login in a personal or business capacity; and
    4. (b) [You are at least 18 years old;] and
    5. (c) [You are resident in the United Kingdom;] and
    6. (d) All information that you provide to Creative Jar Technology during the creation of a Login shall be accurate and up to date.
    7. You agree to keep your Login confidential and not to allow any other persons to use your Login to access any part of the Website.
    8. You agree that you and/or your employers are solely responsible for all activities under your Login.
    9. You agree to notify Creative Jar Technology in the event that there is a breach of security or any unauthorised use of your Login.
    10. You and if applicable your employer, agree to indemnify and hold harmless Creative Jar Technology for any claims, losses, costs and expenses that it suffers as a result of activity conducted using your Login, including but not limited to failure to comply with these Service Terms.

  3. Services and Software
    1. By requesting the provision of the Services via the Website you are offering to receive such Services and to be bound by these Service Terms in relation thereto.
    2. Your offer shall be subject to acceptance by Creative Jar Technology. Such acceptance shall, if granted, be communicated to you via the Website or by granting you access to the relevant Services.
    3. In the event that the Services and/or any associated Software licensing arrangement require you to make a payment to Creative Jar Technology, such payment must be made at the time that you offer to purchase the Services and/or the relevant Software. In the event that your offer is subsequently not accepted by Creative Jar Technology you will be refunded any applicable sums paid to Creative Jar Technology.
    4. If you download any Software via the Website the terms of the licence of such Software shall be as displayed on the Website at the time of the relevant download, including the terms of the licence agreement located here (the Licence Agreement).
    5. For the avoidance of doubt, the licensee of any Software downloaded using a Login shall be the party on whose behalf the Login was registered with Creative Jar Technology.
    6. You agree to comply with the applicable terms of the Licence Agreement and any other terms in relation to the Software incorporated via the Website at all times and, if you are acting on behalf of a business, to ensure the compliance with such terms by end users within that business.

  4. Consumer Rights
    1. If you are contracting as a consumer, you may be able to cancel a contract under these Service Terms at any time within seven working days, beginning on the day after your offer to receive the relevant Services was accepted by Creative Jar Technology. In this case, you will receive a full refund of any sums paid for the Services.
    2. You will not have any right to cancel a contract for the supply of any Services if you have already used such Services to obtain Software.
    3. The provisions of this clause do not affect your statutory rights.

  5. Creative Jar Technology’s liability
    1. Except as otherwise set out below, Creative Jar Technology’s liability in connection with the Services that it provides through the Website is strictly limited to any sums received by Creative Jar Technology from you in relation to the relevant Services.
    2. Paragraph 5.1 above does not exclude or limit in any way Creative Jar Technology’s liability:
    3. for death or personal injury caused by Creative Jar Technology’s negligence;
    4. under section 2(3) of the Consumer Protection Act 1987;
    5. for fraud or fraudulent misrepresentation; or
    6. for any matter for which it would be illegal for Creative Jar Technology to exclude, or attempt to exclude, Creative Jar Technology’s liability.
    7. Creative Jar Technology accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    8. The information provided on the Website by Creative Jar Technology, is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
    9. To the maximum extent permitted by law, Creative Jar Technology expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
    10. You acknowledge that the Services and any Software downloaded from the Website have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services and the Software meet your requirements.
    11. You acknowledge that the Services and any Software may not be free of bugs or errors, and agree that the existence of minor errors shall not constitute a breach of the Licence Agreement or these Service Terms.

  6. Term and termination
    1. These Service Terms will remain in full force and effect while you are a user of the Website or the Services.
    2. Creative Jar Technology may, at any time and for any reason, terminate these Terms with you, deny you access to the Website and delete any Login.
    3. In the event of termination of these Service Terms or deletion of your Login for any reason, you must not attempt to Use the Website.
    4. Clauses 2, 3, 5 and 6 shall survive termination of these Service Terms for any reason, and shall be valid and enforceable against you.

  7. Written communications
    1. Applicable laws require that some of the information or communications Creative Jar Technology send to you should be in writing. When using the Website, you accept that communication with Creative Jar Technology will be mainly electronic. Creative Jar Technology will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Creative Jar Technology provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  8. Notices
    1. All notices given by you to Creative Jar Technology must be given to Creative Jar Technology at info@cjtech.co.uk. Creative Jar Technology may give notice to you at either the e-mail or postal address you provide to Creative Jar Technology when creating a Login. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  9. Transfer of rights and obligations
    1. The contract between you and Creative Jar Technology (Contract) is binding on you and Creative Jar Technology and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without Creative Jar Technology’s prior written consent.
    3. Creative Jar Technology may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.

  10. Events outside of Creative Jar Technology’s control
    1. Creative Jar Technology will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    3. Strikes, lock-outs or other industrial action.
    4. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    5. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    6. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    7. Impossibility of the use of public or private telecommunications networks.
    8. The acts, decrees, legislation, regulations or restrictions of any government.
    9. The failure of suppliers of Creative Jar Technology to comply with the terms of supply agreements entered into with Creative Jar Technology.

  11. Waiver
    1. If Creative Jar Technology fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the contract or any of the Service Terms, or if Creative Jar Technology fail to exercise any of the rights or remedies to which Creative Jar Technology are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by Creative Jar Technology of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by Creative Jar Technology of any of the Service Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Service Terms.

  12. Severability
    1. If any of these Service Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  13. Entire agreement
    1. These Service Terms, any document expressly referred to herein, including without limitation the general terms of use of the Website and Licence Agreement, and any information incorporated hereinto represent the entire agreement between Creative Jar Technology and you in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. You and Creative Jar Technology each acknowledge that, in entering into a contract for Services, neither of parties has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in the Service Terms.
    3. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in the Service Terms.

  14. Varying these Service Terms
    1. Creative Jar Technology may alter or amend these Service Terms at any time, with immediate effect without notice. By continuing to use the Website and/or the Services after such alteration, you will be deemed to have accepted any amendment to these Service Terms.

  15. Governing law and jurisdiction
    1. These Service Terms will be governed by English law. Any dispute arising from, or related to, these Service Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.