Terms of Use and Sale

Dated November 2014

 

Welcome to the DirectSoft Online Store located at www.directsoft.com and operated by DirectSofts Ltd.

Whether you are purchasing electronic software downloads or other products, you are contracting with             DirectSoft Ltd. located Suite 9, Ansuya Estate, Revolution Avenue, Victoria, Mahé, Seychelles ("DirectSoft," "We," "Us," "Our").

Through DirectSoft Online store, Directsoft provides you with access to a variety of resources, including the Website, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale ("Terms of Use and Sale" or "Contract"). By using the Website, purchasing products from the DirectSoft Online Store or using any Services, you accept and agree to these Terms of Use and Sale, DirectSoft's Privacy Statement (see Section 21 below), and applicable terms and conditions, policies or disclaimers referenced herein and accessible through the related hyperlinks (collectively the "DirectSoft Store Policies"). The DirectSoft Store Policies can also be found in the DirectSoft Store. We encourage you to read them carefully.

Terms relating to your use of the DirectSoft Store

  1. Personal and non-commercial use limitation
    1. Unless otherwise specified, the DirectSoft Store and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the DirectSoft Store or Services.

 

  1. Member account, password, and security
    1. If the DirectSoft Store or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify DirectSoft without delay of any unauthorized use of your account or any other breach of security.

 

  1. No unlawful or prohibited use
    1. As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any DirectSoft server, or the network(s) connected to any DirectSoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any DirectSoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including DirectSoft.
    2. DirectSoft reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, where there is reasonable justification to do so.

 

  1. Links to third-party websites
    1. DirectSoft Store may include links to third party websites that let you leave the Website. These linked sites are not under the control of DirectSoft and DirectSoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. DirectSoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DirectSoft of the site. Your use of the third party website may be subject to that third party’s terms and conditions.

 

Terms relating to the sale of products to you

  1. Geographic availability
    1. The DirectSoft Store is intended for use by customers who reside in the region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address.

 

  1. End users only
    1. You must be an end user in order to purchase products from the DirectSoft Store. Resellers are not eligible to purchase from the Website.

 

  1. Export limitations
    1. Products purchased from the DirectSoft Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.

 

  1. Accuracy of billing and account information
    1. You agree to provide current, complete, and accurate purchase and account information for all purchases made at the DirectSoft Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

 

  1. Product availability and quantity and order limits
    1. Product prices and availability are subject to change at any time and without notice, but you will always be charged the price which is displayed at the time you confirm your order. DirectSoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household which you will be informed of on the Website or prior to us accepting your order.
    2. DirectSoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.
    3. Unless a specific delivery period is mentioned at the time you place your order, your products or services will be delivered within thirty (30) days of the date of your order. Credits or refunds will be made to the same method of payment and account used to place the order.

 

  1. Software purchases and license terms
    1. Any software that is made available to download from the DirectSoft Store (“Software”) and other merchandise (including services) available on the DirectSoft Store or Services is the copyrighted work of DirectSoft and/or its suppliers. When you purchase Software, you are actually purchasing a license to use the Software rather than purchasing the Software itself. Software licenses purchased at the DirectSoft Store are subject to the license agreement that accompanies the Software product (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement at the time you install the Software.
    2. Any reproduction or redistribution of the Software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.
    3. Please respect the intellectual property rights of others when using the tools and utilities made on the DirectSoft Store or Services, or in Software products or merchandise.

 

  1. Electronic Software Downloads
    1. Electronic Software download (“ESD”) products are delivered to you by making a download link associated with your product purchase.

 

  1. Price and payment
    1. The price of products at DirectSoft Store will be as stated on the Website. Pricing at DirectSoft Store is based on sales of Software and hardware to individual end consumers. If you are purchasing for a commercial, educational or government organization, please contact us for more information about our volume licensing programs.
    2. Prices shown on the Website exclude all taxes customs duties (“Taxes”) that may apply to your purchase. Prices shown on the Website exclude delivery costs. Each item in your Shopping Cart is shown at the current item price.
    3. Product offers on DirectSoft Store do not constitute binding offers by us. By clicking “complete purchase,” “submit order” or the comparable button to send your order to Us, you make a binding offer in relation to all of the products in your cart. If we accept your order, you will receive an automated purchase confirmation email. DirectSoft Store offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons.

 

  1. Return policy
    1. DirectSoft Store’s return policy is set out below. The return policy is provided in addition to any statutory return rights that you may have under law.
    2. If the applicable law of your country grants you a longer withdrawal period, that period will apply.
    3. To exercise your right of withdrawal, you must inform us of your decision before the withdrawal period has expired. Please contact us at sales@directsofts.com to notify us of your decision and to initiate the return process.
    4. We will refund the amount you paid for the products and their delivery to you if you exercise your right of withdrawal. The refund will be made to the original method of payment. You must return the related products to us without undue delay and at your expense.
    5. As a condition of return, and to the extent permitted by law, the following requirements apply. All products must be returned with reasonable care having been taken (such as must not show wear or damage, and must be in a condition that permits us to resell them). For services, the service must not have been delivered or consumed by you. For ESD products, we may also require you to sign an electronic letter of destruction as a condition of withdrawal from this contract.
    6. All returns should be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the manufacturer’s packaging. Subject to applicable law, failure to include such items may prevent or delay your refund or exchange or result in additional fees and DirectSoft reserves the right to deny any return or exchange if it fails to meet our return criteria.

 

Terms relating to both use of the DirectSoft Store and sales

  1. Termination of site use
    1. DirectSoft may terminate your account or use of the DirectSoft Store Website at any time for legitimate reasons, including, without limitation, if you are in breach of these Terms of Use and Sale or if the Website is no longer operated by DirectSoft. By using the DirectSoft Store, you agree to be responsible for any orders you make or charges you incur prior to such termination. DirectSoft may change, discontinue, or otherwise suspend the DirectSoft Store at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Service or/product or otherwise disrupts your order, please contact the DirectSoft Store.

 

  1. General Legal Terms
    1. Interpreting the Contract

                  i.    If, in any jurisdiction, any provision of this Contract or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid.

  1. Assignment

                   i.    We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this contract or transfer any rights hereunder.

  1. No third-party beneficiaries

                   i.    This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.

  1. Claims

                   i.    Claims must be filed within the period of time required by your local law. If your claim isn’t filed in time, it is permanently barred.

  1. Governing law

                   i.    ALL CLAIMS, BREACH OF WARRANTY, CONSUMER PROTECTION LAWS, UNFAIR COMPETITION LAWS, AND IN TORT, WILL BE SUBJECT TO THE LAWS OF SEYCHELLES WITH RESPECT TO JURISDICTION FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS CONTRACT.