(Last updated: 1st August 2008)

We recommend that you print and keep a copy of these Terms and Conditions for future reference.

APPLICATION OF TERMS AND CONDITIONS

These Terms and Conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.

These Terms and Conditions tell you what you can expect from us, and represent the basis of each transaction entered into via this web site. By placing an order with TechValley you indicate your acceptance of these terms, together with your agreement to conduct the transaction in accordance with the Terms and Conditions.

We may change these terms and conditions at any time. We may change these terms of sale without notice to you in relation to future sales. Any changes will take effect on the date they are posted onto the site (see date above).

We do have the right to terminate the contract of sale in the event that the goods are unavailable, mis-priced or cleared funds are not received.

INTERPRETATION

The www.TechValley.org.uk Website ("website") is owned and operated by the Computer Associates – Southern  whose Head Office is in Chichester, West Sussex UK, PO18 8UJ.

"Terms and Conditions" means the standard terms and conditions of sale set out in this document and any Special Terms and Conditions.

“Conditions” means the standard terms and conditions of sale, license and supply set out in this document.

"We", "us, "our", means TechValley.

"You", "your" "buyer" means the person or organisation ordering products under these terms and conditions.

"Working days" means all days other than Saturdays, Sundays, and Public Holidays.

"Product" means the product or products you have ordered from us in accordance with these Conditions.

“Writing” “Written” includes electronic transmission (including e-mail) and comparable means of communication.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

PRODUCT AVAILABILITY

Our product availability information is updated regularly, but it is possible that in some instances a product may become unavailable between updates.

We will make every reasonable effort to deliver the products you have ordered within the delivery timeframe applicable at the time of order. If this is not possible, we will notify you and at your option, agree a different delivery period, or provide a substitute product of equivalent value if necessary. Alternatively, you may cancel your order in which case, we will refund you the purchase price.

Our policy is to cancel orders if we have been unable to supply products within 7 working days, with the exception of products that have not yet been released. The delivery times given are approximate and delays can sometimes occur. All delivery times quoted on this website are estimates only, these times are based on working days.

On some occasions, the card issuer or payment organisation performs additional security checks on the payment card or account, which can delay the order until the card has been authorised.

You will become the owner of the products you have ordered when the products have been delivered to you.

SOFTWARE INSTALLATION INFORMATION

Your software should be installed by a competent individual to ensure correct installation. If you are reasonably confident and able to install software yourself, be aware that every computer system is different, and that on occasions conflicts between different software and hardware do occur.

Please ensure that your hardware meets all the minimum requirements for the software you are purchasing.

Software Technical Support cannot be undertaken by TechValley and is offered by the relevant Software Manufacturer.

PRICE, POSTAGE, DELIVERY & VAT

All Prices shown on this site include VAT. TechValley is a portal specific initiative of Computer Associates - Southern. VAT No. GB 936 0838 08.

We understand how important it is to our customers to show our postage charges up front, rather than add them in at checkout as "hidden" charges. Our current postal charges are clearly displayed on the check out page.

We deliver / ship worldwide. All deliveries must be signed for (except items sent by post which are small enough to be put through your letterbox).

All parcels are delivered by Royal Mail, UPS, DHL or equivalent reputable service provider. The service type used will depend upon the value / size of the product/s purchased and is at our discretion. All items delivered will require a signature and it is your responsibility to check the condition of the goods for discrepancies or damage. Damages must be noted on the delivery consignment note at the time of delivery.

We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in the delivery of goods.

Delivery times are calculated in working days - i.e. Monday to Friday inclusive (but excluding bank holidays). If you order after 3.00pm, please calculate your delivery time as if your order had been placed the following working day.

Standard, ‘Signed For’ postal and courier deliveries should arrive within 2 - 14 working days of placing your order.

All items sent outside of the UK may be subject to Custom Declaration and are dispatched by Air Mail ‘International Signed For’ or ‘Small Packets’ methods. Deliveries should arrive within 5 – 21 days.

In any event all ‘Signed For’ items are traceable via the postal operator’s Track & Trace Web Sites.

Products sent to remote parts of the United Kingdom (e.g. Highlands & Islands) may take longer to deliver.

IMPORTANT: We do everything we can to meet the delivery times specified in this section. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

If you elect to receive your software via electronic download, under normal conditions, you should receive your product details via email within one working day. Please ensure you deactivate any spam filters prior to ordering, to ensure that you are able to receive this documentation without problems.

CONFIRMING THE ORDER

In placing this order you confirm that you are aware of any age restrictions on these products and assert that you are old enough to purchase them.

The advertising of products on the site constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your order.

THE CONTRACT

Your payment card / account / method will only be debited once you commit to the order and accept the terms and conditions of this site. Orders are only packed and dispatched once the funds have cleared and notification is received by TechValley.

Contracts formed between TechValley and clients, as a result of using this site shall be governed in all respects by English law and all such users hereby submit to the non-exclusive jurisdiction of the English courts.

No contract will subsist between you and TechValley for the sale of products by us to you, until your credit / debit card / account has been charged and cleared funds received. This will be deemed to be our acceptance of your offer and to have been effectively communicated to you. This is to be interpreted and enforced with the laws of England in its entirety and will be subject to the jurisdiction of the English courts.

This disclaimer does not affect your statutory rights as a consumer.

Please note that some of our processes are manual and errors can arise. We carry out frequent checks to detect any errors. If they do occur, we will act immediately to minimise inconvenience and disappointment that may be caused.

YOUR RIGHT OF CANCELLATION

We want you to be completely happy with your purchase, so if you do have problems or concerns please contact us immediately. Our team are here to help and assist you to reach a satisfactory conclusion.

You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods. You do not have the right to cancel the contract if the order is for computer software which has been unsealed.

To exercise your right of cancellation, you must give written notice to TechValley via our contact page; giving details of the goods ordered and (where appropriate) their delivery. It is your responsibility to ensure we receive this notification.

If you exercise your right to cancel under the 7-day regulation the ownership of the goods will revert to TechValley. Exceptions to the Right include OEM (Original Equipment Manufacture) software, digitally delivered (downloaded) software and software which has been unsealed which is neither returnable nor refundable. This is due to the product activation code, license or license key code being exposed / visible or the seals broken. These items will remain the property of the consumer and will not be credited.

The 7-day return regulations impose a responsibility on the consumer to take reasonable care of any goods that have been supplied. The obligation applies before, as well as after, the consumer has given the notice of cancellation. The 7-day provision is designed to ensure such goods can be sold as new again. All transactions processed comply with the Distance Selling Regulations 2000 & Electronic Commerce Regulations (EC Directive 2002).

Products returned by you within the 7 working day period referred to above will be refunded in full. You will be responsible for paying the cost of returning the Product to us.

If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your notice of cancellation.

All products supplied are covered by the terms and conditions of the original manufacturer. We warrant to you that any Product you purchase through the Site will be of satisfactory quality and ‘fit for use’.

ORDER PROCESS - ORDERS FOR DELIVERY

You will have an opportunity to check and correct any input errors in your order until you ‘click’ the Submit Order button.

Acceptance of your order and the creation of a legally binding contract between us will only occur when we receive confirmation of cleared funds being received. Alternatively, we may decline all or part of your order for any reason, in which case we will contact you.

We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

Alternative methods of payment can be accepted (such as Bank Cheques & Postal Orders). Please contact us before you place your Order.

CREDIT ACCOUNTS

Credit Accounts may be opened for Government departments, Educational establishments, MOD, Health Authorities or Registered Charities. Account terms are subject to approval of credit application. If a customer has not purchased in six months, updated credit information may need to be submitted and approved for order fulfilment. Payment terms and credit terms are subject to change without notice. Initial order value to open account must be in excess of £300.00. Credit account orders are only accepted on official stationary by post. Credit accounts must be paid strictly within 30 days, and we reserve the right to withdraw credit facilities. Please contact us for more information.

Interest on overdue invoice shall accrue from the date when payment becomes due, and is charged daily until the date of payment, at 2% per calendar month, both before and after any judgement.

SUBSCRIBERS AND NEWSLETTERS

Users and Subscribers of our website can register for an email newsletter. This service is entirely optional and you may unsubscribe at any time by contacting us through our Contact Page.

BLOGS AND WIKIS

Users of our website may be offered the opportunity of participating in BLOGS AND WIKIS and posting news, comments and other content. These services enable users to interact easily with our staff and other visitors to the site about computer technology, TechValley its products and services. The discussion forums and message boards are not private forms of communication and therefore any information which is posted on them can be accessed by the general public.

Term & Conditions for the use of these services will be posted within the Blog or Wiki.

SPECIAL OFFERS & CLEARANCE ITEMS

All special offers are subject to availability, and may be in promotional packaging (packaging may refer to boxes, manuals, etc.) All site images are for identification purposes only.

EDUCATIONAL / ACADEMIC SOFTWARE (AER)

TechValley & CA-Southern are Microsoft Authorised Education Resellers (Authorisation Number 30198) & Registered Microsoft Partners (Organization Partner ID: 2128378).

Education or Academic version of software are made available to students, teachers, schools, parents, guardians, colleges, employees of schools and colleges, universities and colleges (campus), primary and secondary schools (School), Government Education Authorities (e.g. LEAs), Department for Education and Skills, public research establishments, Government training colleges, teaching hospitals, public libraries, museums, prison education centres, non-profit organizations and others based on qualification criteria. Academic/ Education software is not for use in a commercial environment. By purchasing the software you are indicating that you meet the eligibility requirements of the software being purchased. You may be asked to provide evidence of your eligibility. ** Check eligibility **.

OEM SOFTWARE
‘Original Equipment Manufacturer’ (OEM)

TechValley & CA-Southern are Accredited System Builders.

There is very little difference between the OEM, full retail or AER software versions. OEM software is sometimes differently packaged and does not include user manuals.

It is TechValley policy to provide OEM software to people building new computers or to people carrying out substantial hardware upgrades who also require software (System Builders). OEM software is not supplied when someone decides to simply change or add software alone. Under these circumstances the full retail version or the AER version (if appropriate) should be ordered. You may be asked to provide evidence of your eligibility.

TECHNICAL SUPPORT

Software Technical Support cannot be undertaken by TechValley and is offered by the relevant Software Manufacturer.

DATA PROTECTION ACT

Any data collected through this website will be treated as confidential in accordance with the principles of the Data Protection Act 1998.

You have the right to ask for a copy of the information held by us in our records in return for which we may charge a small fee. You also have the right to require us to correct any inaccuracies in your information.

Our Data Protection Policy can be found elsewhere on this Web Site.

IMAGES

Product images used on this Web Site are for illustrative purposes only and may differ from the actual product.

NAMES

Product and manufacturer names are used only for the purpose of identification.

LIMITATIONS OF LIABILITY

Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept 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; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.

CONTACTING US – QUESTIONS & SUGGESTIONS

If you have any questions or suggestions regarding these Terms & Conditions (Terms of Business) & Web Site Usage or any other matter, you are very welcome to contact us by using our Web Support Form or via our online Live Help. Should you at any time wish us to remove your personal details from our database you should use contact us via email from our Contact Page.

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WEB SITE USAGE

Permitted Use

You ("you" or the "User") have a nonexclusive, non-transferable, limited and revocable right to use the Web Site solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. User agrees to cooperate with TechValley in causing any unauthorised use to immediately cease.

List of Restrictions

Neither the Web Site nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the Web Site, or any element thereof. It is a condition of your use of this Web Site that you do not restrict or inhibit any other user from using this Web Site.

Reservation of Rights

All rights, titles and interests in and to this Web Site are owned by TechValley. All trademarks, service marks and trade names are also proprietary to TechValley. None of the items mentioned herein may be used without the express written consent of TechValley. All rights are reserved by TechValley.

Warranty Disclaimer

The web site and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. TechValley makes no warranties or representations as to the accuracy or suitability of the content contained on the web site. TechValley disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TechValley does not warrant that the web site will operate or perform in a manner that is uninterrupted or error-free, or that the web site or host server will be maintained free of viruses or other harmful code. TechValley makes no warranties that the information presented on the web site is current, up-to-date or accurate. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

Liability Limitation

Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will TechValley or any of its related or affiliated companies be liable to you or any other party for any direct, indirect, special, incidental, reliance, punitive or consequential damages, however caused, and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. You specifically acknowledge and agree that TechValley is not liable for any defamatory, offensive or illegal conduct of user. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the web site. If you disagree with any of the terms and conditions of this web site usage agreement, your sole and exclusive remedy is to discontinue using this site.

Links to Third Parties’ Web Sites

TechValley may have provided links and pointers to Internet sites maintained by third parties ("third party sites") and may from time to time provide third party materials on this site. Neither TechValley nor its related, affiliated companies operate or control in any respect any information, products or services on these third party sites. The third party materials in this site and the third party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TechValley disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. TechValley does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Jurisdiction

Except as described otherwise, all materials in the TechValley site is made available only to provide information about TechValley services and products. TECHVALLEY controls and operates this site from its headquarters in Chichester, West Sussex, United Kingdom, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

General Terms and Conditions

This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the county and crown courts of the U.K. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the U.K. courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and TechValley as a result of this Agreement or use of this Web Site. User agrees not to hold himself or herself out as a representative, agent or employee of TechValley and TechValley shall not be liable for any representation, act or omission of the User.

TechValley’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of TechValley’s right to comply with law enforcement requests or requirements relating to the User’s use of this Web Site or information provided to or gathered by TechValley with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and TechValley with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and TechValley with respect to this Web Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnificat ion

As a condition of use of this Web Site, the User agrees to indemnify TechValley, its officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including legal fees) and damages arising out of legal claims resulting from User’s use of this Web Site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

Questions & Suggestions

If you have any questions on our Usage Agreement, you are very welcome to contact us through our Contact Page.

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