TERMS AND CONDITIONS OF USE

Thank you for visiting this website at www.softwareking.ca (the "Site"). SoftwareKing is a leading online retail store for computer software. The Site is operated and designed by us, SoftwareKing, ("we" and "us") a company with limited liability situated in and vested under the laws of Canada, to provide a convenient, private and informative shopping experience for consumers to purchase software and related products 24 hours a day, 7 days a week. We offer a large selection of computer software and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want you to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.

These general terms and conditions (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. Please review our Privacy Policy to understand our privacy related practices.

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site, either directly or indirectly through a third party, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

DELIVERY

Deliveries will be as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.

RETURNS POLICY

Please click here.

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

APPLICABLE LAW

By ordering products from this Site, you understand and agree that you are entering into a contract directly with SoftwareKing in Canada and that your order is being accepted by SoftwareKing in Canada. You further understand and agree that in all circumstances relating to or arising from the use of the Site and/or from any agreement between you and us Canadian law shall govern the agreement. Any disputes relating to or arising from the use of the Site and/or from any agreement between you and us will only be submitted to the competent court in the district of British Columbia. We cannot make representations that any product referred to on the Site is appropriate for use, or available, in every country in the World.

INTELLECTUAL PROPERTY POLICY

Because copying can harm rightful owners of IP rights we drafted the following IP Policy:

You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the word SoftwareKing. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site is provided "as is" and we exclude all warranties of any kind to the fullest extent permissible by applicable law and do not guarantee the accuracy or completeness of the Site or any information or content or that it is free of defects or viruses. For greater certainty, we expressly disclaim to the fullest extent permissible by applicable law any and all express or implied warranties of any kind, including without limitation warranties of title, merchantability, fitness for a particular purpose and non-infringement with respect to the Site and materials, content, services and products on this Site.

You agree that the Site, including the content, is provided free of charge. Neither we will be liable to you nor any person for any loss or damage of any kind which may arise from the unauthorized use of the Site and the use of any information contained within it. Furthermore we shall not be held liable for any information held on sites which may have links to or from the Site and which are not maintained and controlled by us. We will use reasonable endeavors to ensure that the Site is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the Site will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.

We take precautions to protect personal data collected through the Site but in the event that our system is infiltrated by unauthorized third parties we will not be liable for any resulting misuse of the personal data.

Any of our liability, whether in contract, tort (including but not limited to negligence), product liability or otherwise, resulting from your use of or visiting the Site, the delivery of defective products and/or services, will be limited to direct damages and up to the amount of the price stipulated for the items concerned. Liability for indirect or consequential damages or any other damages of any kind are in all circumstances excluded.

Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the software and or related products sent to you.

The information, services, and products contained in this Site are provided "as is" without warranty of any kind, express or implied.

CAPACITY TO CONTRACT

This Site is designed for and intended for use by adults. Except as otherwise set out below, you represent to us by using this Site that you are of the legal age of majority in your province of residence and that you are duly authorized to use this Site and to enter into a contract with us. If you are under the legal age of majority in your province of residence, you may use this Site only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be fully responsible for their use of this Site.

GENERAL INFORMATION

We reserve the right to make changes to the Site, policies and these general terms and conditions at any time. You will be subject to the general terms and conditions in force at the time that you use the Site or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are 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. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

Thank you for visiting SoftwareKing.