Aviso Legal

INFORMATION ABOUT US (back to top)

AceCad Software Limited ("We or Us") is registered in England and Wales under company number 02074149. Our head office address is Truro House, Stephenson's Way, Wyvern Business Park, Derby DE21 6LY. Our VAT number is GB524007095.

TERMS OF WEBSITE USE (back to top)

This page details the terms of use on which you may make use of any of the websites owned and managed by Us ("our websites"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use a website. By using one of our websites, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using any of our websites.

ACCESSING OUR SITE (back to top)

Access to our websites is permitted on a temporary basis, we reserve the right to withdraw or amend any or all of the services we provide on any of our websites without notice (see below). We will not be liable if for any reason any of our websites are unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our 'Acceptable Use Policy' detailed below.

You are responsible for making all arrangements necessary to have access to our websites. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and comply with them.

INTELLECTUAL PROPERTY RIGHTS (back to top)

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED (back to top)

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY (back to top)

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY (back to top)

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE (back to top)

We process information about you in accordance with our privacy policy, detailed below. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE (back to top)

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our 'Terms and Conditions of Supply' detailed below.

UPLOADING MATERIAL TO OUR SITE (back to top)

Whenever you make use of a feature that allows you to upload material to our websites, or to make contact with other users of our websites, you must comply with the content standards set out in our 'Acceptable Use Policy', detailed below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to any of our websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our 'Acceptable Use Policy', detailed below.

VIRUSES, HACKING AND OTHER OFFENCES (back to top)

You must not misuse any of our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any of our websites, the servers on which our websites are stored or any server, computer or database connected to any of our websites. You must not attack any of our websites via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any of our websites or to your downloading of any material posted on it, or on any website linked to it.

TRADE MARKS (back to top)

'StruM.I.S' and 'AceCad' are registered trademarks of AceCad Software Limited.

ACCEPTABLE USE POLICY

PROHIBITED USES (back to top)

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, detailed below.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation ("spam").

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use detailed above.
  • Not to access without authority, interfere with, damage or disrupt:
  • Any part of our site;
  • Any equipment or network on which our site is stored;
  • Any software used in the provision of our site; or
  • Any equipment or network or software owned or used by any third part

INTERACTIVE SERVICES (back to top)

We may from time to time provide interactive services on our site, where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS (back to top)

These content standards apply to any and all material which you contribute to our websites ("contributions"), and to any interactive services associated with them.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
    Contributions must not:
  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION (back to top)

We will determine, at our discretion, whether there has been a breach of this 'Acceptable Use Policy' through your use of any of our websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this 'acceptable use policy' constitutes a material breach of the 'terms of website use', detailed above, upon which you are permitted to use our websites, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our websites.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to any of our websites.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

PRIVACY POLICY (back to top)

We are committed to protecting and respecting your privacy.

This policy together with our 'terms of website use', detailed above, set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

INFORMATION WE MAY COLLECT FROM YOU (back to top)

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our websites. This includes information provided at the time of registering to use our websites, subscribing to any of our services, posting material or requesting further services. We may also ask you for information if you report a problem with any of our websites.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of transactions you carry out through our site and of the fulfillment of your orders.
  • Details of your visits to our site [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.

IP ADDRESSES AND COOKIES (back to top)

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

This information may be stored in a cookie on your computer or in a log file on our web server. A cookie is a small text file stored on the hard disk of your computer. Its contents are not transferred to or made available to any 3rd parties.

We may also record statistics about which pages of our website you look at and include this information with any online form submissions you make.

Our website uses cookies to identify registered users. Certain pages on our website are reserved for users who have completed and submitted a registration form. The cookie file does not contain your registration information but is used to verify your username and password when accessing certain pages and information on our website.

You may refuse to accept cookies by adjusting the settings on your browser, however if you choose to do so you will not be able to access certain parts of our site.

WHERE WE STORE YOUR PERSONAL DATA (back to top)

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

[All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology].] Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

USES MADE OF THE INFORMATION (back to top)

We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, if offered, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, telephone or email.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

[We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.]

DISCLOSURE OF YOUR INFORMATION (back to top)

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If AceCad Software Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of website use or terms and conditions of supply; or to protect the rights, property, or safety of AceCad Software Limited, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS (back to top)

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at our head office or email marketing@acecadsoftware.com.

Our websites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION (back to top)

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

WEBSITE TERMS AND CONDITIONS (back to top)

This following explains the terms and conditions on which we supply any of the products ("Products") listed on our websites to you. Please read these terms and conditions carefully before ordering or downloading any Products from our websites. You should understand that by ordering or downloading any of our Products, you agree to be bound by these terms and conditions.

You may wish to print a copy of these terms and conditions for future reference.

By checking the box accepting these terms and conditions you are deemed as having accepted them in their entirety. Please understand that if you refuse to accept these terms and conditions, you will not be able to order or download any Products from our websites.

1. YOUR STATUS (back to top)

By placing an order through our site, you warrant that:
1.1. You are legally capable of entering into binding contracts; [and]

1.2. You are at least 18 years old

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US (back to top)

2.1. In relation to Products delivered in physical form:

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation").

The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation or you download Products from our site.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

2.2. In relation to Products downloaded directly from our site:
In proceeding to download Products from our site you acknowledge that all Products are sold subject to these terms and conditions and that any Contract between us in relation to such Products shall be on these terms and conditions.

3. OUR STATUS (back to top)

3.1. Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

3.2. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller. ]

4. CONSUMER RIGHTS (back to top)

4.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).

4.2. To cancel a Contract, you must inform us in writing. You must also return all physical Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Your rights to use the Products will cease immediately upon your cancelling the Contract and we shall be entitled to terminate any license keys which may render the Products inoperable or unusable.

4.3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

5. AVAILABILITY AND DELIVERY (back to top)

5.1. Where appropriate, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

6. RISK AND TITLE (back to top)

6.1. The Products will be at your risk from the time of delivery.

6.2. Ownership of the Products, subject to any licensing agreement that applies, will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

7. PRICE AND PAYMENT (back to top)

7.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

7.2. Prices are liable to change at any time, but changes will not affect orders in respect of which:

7.2.1. we have already sent you a Dispatch Confirmation; or

7.2.2. you have already downloaded the Product(s).

7.3. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

7.4. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mis-pricing.

8. OUR REFUNDS POLICY (back to top)

8.1. When you return a Product to us or otherwise reject a Product:

8.1.1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including where appropriate the cost of sending the item to you. However, you will in respect of physical Products be responsible for the cost of returning the item to us.

8.1.2. for any other reason (for instance, because you have notified us in accordance with paragraph 12 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned or rejected by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

8.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. OUR LIABILITY (back to top)

9.1. You acknowledge that:

9.1.1. Products ordered or downloaded via our site are delivered to you "AS IS" and with all faults. We do not and cannot warrant the performance or results you may obtain by using the Products;

9.1.2. the Products 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 Product(s) meet your requirements;

9.1.3. the Product(s) may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of the Contract.

9.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product(s) you purchased.

9.3. This does not include or limit in any way our liability:

9.3.1. For death or personal injury caused by our negligence;

9.3.2. Under section 2(3) of the Consumer Protection Act 1987;

9.3.3. for fraud or fraudulent misrepresentation; or

9.3.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

9.4.1. loss of income or revenue

9.4.2. loss of business

9.4.3. loss of profits or contracts

9.4.4. loss of anticipated savings

9.4.5. loss of data

9.4.6. loss of data, or

9.4.7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise,

provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories 9.4.1 to 9.4.7 inclusive of this clause 9.4.

10. IMPORT DUTY (back to top)

10.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

11. WRITTEN COMMUNICATIONS (back to top)

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

12. NOTICES (back to top)

12.1. All notices given by you to us must be given to a AceCad office or Agent of the company as detailed on our websites. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on any of our websites, 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.

13. TRANSFER OF RIGHTS AND OBLIGATIONS (back to top)

13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. EVENTS OUTSIDE OUR CONTROL (back to top)

14.1. We 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").

14.2. 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:

14.2.1. Strikes, lock-outs or other industrial action.

14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.2.5. impossibility of the use of public or private telecommunications networks.

14.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER (back to top)

15.1. If we 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 these terms and conditions, or if we fail to exercise any of the rights or remedies to which we 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.

15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16. SEVERABILITY (back to top)

16.1. If any of these terms and Conditions 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.

17. ENTIRE AGREEMENT (back to top)

17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2. We each acknowledge that, in entering into a Contract, neither of us 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 these terms and conditions.

17.3. Neither of us 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 these terms and conditions.

CHANGES TO OUR TERMS AND CONDITIONS and POLICIES

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS (back to top)

We have the right to revise and amend any of our terms and conditions or policies from time to time.

You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our websites. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION (back to top)

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

CONTACT (back to top)

Questions, comments and requests regarding our Terms and Conditions or Policies are welcomed and should be addressed to either our head office or sent by email to marketing@acecadsoftware.com.

ACKNOWLEDGEMENTS (back to top)

Our thanks and acknowledgements go to Clients for their valued contributions to Case Studies, the AceCad Software Website, Gallery, Brochures and various other Marketing collateral. Please click here

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