Terms & Conditions

Terms & Conditions for Kubiszyn.co.uk

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You agree to these Terms & Conditions when using Kubiszyn.co.uk and when Installing our Software

Please read the following carefully as it governs the way we conduct our Business and what, as a Kubiszyn.co.uk Customer you agree to when using our Website, Online ordering process, downloading and installing our Software

1. This website is operated by Mark Kubiszyn ("I", "We" or "Us") and referred to hereafter as 'Kubiszyn.co.uk'
2. All services provided by this website may only be used in accordance with the terms and conditions provided below. By using Kubiszyn.co.uk services you agree to be bound by our terms & conditions
3. Kubiszyn.co.uk reserves the right to make modifications and changes to these terms and conditions at any time and without prior notice
4. The placing of an order with Fastspring on behalf of Kubiszyn.co.uk creates a contract on the basis of the terms and conditions and accompanying Code License delivered with any Software
5. With the exception of specific details of any individual order (for example, quantity, and any service-based extras), other terms and conditions proffered by the client are specifically excluded unless agreed to beforehand in writing (including email correspondance) by Kubiszyn.co.uk or a representative party
6. These terms and conditions apply equally to all orders given, irrespective of method. It is the responsibility of the user of our services to be aware of Kubiszyn.co.uk terms and conditions
7. When you purchase any Software you agree to the Terms and Conditions of the MIT License and any other accompanying Legal documentation. Please ensure that you read the License and any Legal information that is included with any download

Payment

1. Payment is accepted securely online by Fastspring (powered by VeriSign) in the form of Credit Card, an existing Paypal account or Sofort
2. Payment by credit facility is not supported by Kubiszyn.co.uk and Kubiszyn.co.uk do not recognize any form of payment not listed above. Kubiszyn.co.uk operates on a cleared funds basis only and will not process any orders for goods or services until payment has been authorized. Furthermore, Kubiszyn.co.uk does not offer credit accounts or the facility to make prepayments on any goods or services offered within.
3. Should there by any uncertainty regarding the credibility of a submitted payment, Kubiszyn.co.uk reserves the right to suspend the order in question and the offending account may be terminated
4. All prices listed include VALUE ADDED TAX at the current UK rate of 20.0%

Restrictions

1. Users are not permitted to remove any copyright, trademark or any other intellectual property notices contained within the original material or from any material copied or printed from the website unless explicitly specified
2. Users may print one copy per visit of any individual page or part of a page of the website for their own personal use. The pages are best printed using Print Preview and unchecking the Print Background & Images Options. That way the Page will be formatted, easy to read and save on Ink
3. Users are expressly forbidden to copy (by printing, storing, or disseminating in any way), alter or tamper in any way, or otherwise use any materials contained in this website except as set within these terms and conditions
4. All Images have been purchased and displayed in accordance with the Terms and Conditions of IStockphoto.com, other Third Party providers or are the personal property of Mark Kubiszyn. Any downloading, altering, redistributing, reselling or copying Images from Kubiszyn.co.uk is not permitted on any basis
5. Kubiszyn.co.uk or Fastspring may without notice and at their sole discretion refuse to execute orders which it deems to be in breach of any of these terms or their own operating terms
6. Kubiszyn.co.uk also reserve the right to refuse further service pertaining to any person or persons who has knowingly or unknowingly breached any of the terms and conditions of the website
7. Users are EXPRESSLY FORBIDDEN to link to this site or incorpurate any of this Website content without prior permission

Web Operations

1. Kubiszyn.co.uk reserve the right to modify, suspend, or change the format and content of the site (including the products and serviced specified therein) at any time and without prior notice

Liability & Disclaimer

1. Kubiszyn.co.uk will operate with reasonable care in the handling the processing of all data belonging to any user
2. Kubiszyn.co.uk will not be held responsible for any damages or losses, direct or indirect, resulting from delays in completion of an order

Software Disclaimer & Liability Limitation

Disclaimer of Warranty. The Software is provided "AS IS," without any warranty or representation of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED BY KUBISZYN.CO.UK AND ITS SUPPLIERS "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED BY KUBISZYN.CO.UK AND ITS SUPPLIERS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY ACTUAL BREACH OF THIS LICENSE BY KUBISZYN.CO.UK, LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL BE THE RECISSION OF THIS LICENSE AND RECOVER OF ANY SUMS PAID BY LICENSEE TO KUBISZYN.CO.UK. Limitation of Liability. KUBISZYN.CO.UK AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, IN NO EVENT WILL PREEMPTIVE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF KUBISZYN.CO.UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Legal - Copyright & Intellectual Property Protection of our Software

Unless specified under the Terms of the License, any Excel Software, Excel Add-Ins or Code may NOT be replicated in any form. You should not attempt to bypass any security features installed otherwise you will have potentially infringed the Copyright & Intellectual Property rights of M P Kubiszyn / Kubiszyn.co.uk. Our products are copyright protected at the file level. All Products should have only been purchased through Fastspring and used / installed in accordance with the Code License Terms laid out therein

Licensing information for all of our Software, Add-Ins and Code is kept up-to-date on this Page: License

Data Protection

1. Personal data supplied to Kubiszyn.co.uk through this website and its related agents will be used in accordance with these terms and conditions and the terms of the Privacy Policy's of its related agents. Please read through the Kubiszyn.co.uk Privacy carefully before submitted personal data - by doing so you are consenting to its use in accordance with our terms and conditions

Services

1. A user may only consider that their order for software has been accepted upon receipt of written confirmation from Kubiszyn.co.uk and its related agents in the form of an email sent on behalf of Kubiszyn.co.uk from Fastspring
2. It is at the sole discretion of Kubiszyn.co.uk and its related agents as to whether an order is accepted and as such Kubiszyn.co.uk and its related agents are not bound to do so
3. Should Kubiszyn.co.uk or its related agents process an order for software which are subsequently deemed to have been made in contravention of any of the terms and conditions specified herein, Kubiszyn.co.uk and its related agents reserve the right to refrain from dispatching the goods, irrespective of the status of the order. Any refunds or returns of goods and products will be made on an individual basis and as such Kubiszyn.co.uk and its related agents reserve the right to refund all or part of the payment made by the user as they see fit
4. Should offer codes and promotional codes be published as part of a promotion, the use of said codes will be subject to additional terms and conditions presented with the offer as well as the terms herein. Offer codes may provide a number of free prints or a discount on part of an order. Offer codes may only be used for online orders placed through Kubiszyn.co.uk and are limited to a maximum of one code or standard rebate per user per order
5. Kubiszyn.co.uk will undertake all reasonable measures to reply promptly and satisfactorily to all correspondence received. Such a reply may be by email or post

These conditions are subject to change at the discretion of Kubiszyn.co.uk or Mark Kubiszyn at any time without warning or notice