Terms of Use
SWT INTERACTIVE LTD
Company reg number: 15531986
Registered office address:
10-16 Tiller Road, 14/2e Docklands Business Centre, London, England, E14 8PX
Introduction
Welcome to SWT INTERACTIVE LTD (“Company”), a UK-based entity that specializes in the distribution and sale of digital goods and software. These comprehensive Terms and Conditions (“Terms”) meticulously govern your access to and utilization of our website, along with the procurement of digital products and services therein. By accessing or engaging with our website and services, you explicitly manifest your consent to adhere to these terms and conditions. We strongly urge you to scrutinize and understand these terms attentively prior to any interaction with our platform.
Definitions
Company: The term “Company” pertains to SWT INTERACTIVE LTD, a legally registered entity incorporated and operating under the laws of the United Kingdom.
Customer: The term “Customer” encompasses individuals or corporate entities that undertake purchases through our website, subject to the obligations and rights delineated herein.
Digital Activation Key: A “Digital Activation Key” stands as a distinctive alphanumeric code that furnishes unrestricted access to proprietary software. This code is delivered instantaneously via electronic mail, without any requirement for physical delivery.
How to Buy Products
To effectuate the purchase of digital goods and services through our platform, the “Customer” is obliged to meticulously navigate our digital catalogue, selectively designate the desired digital products, add them to the virtual shopping cart, proceed to the checkout stage, provide precise and comprehensive particulars as dictated by the platform, opt for an appropriate method of payment, and explicitly validate and affirm the acquisition.
Shipping Process
Considering the digital nature of our merchandise, it is imperative to underscore that no physical or tangible goods are transacted through our platform. Therefore, there exists no conventional shipping process. Rather, the “Customer” shall expeditiously receive the Digital Activation Key, accompanied by pertinent download links, through the means of electronic correspondence, as expressly stipulated at the juncture of order submission.
Using the Product
Upon the successful reception of the Digital Activation Key and related download links within the electronic sphere, it becomes incumbent upon the “Customer” to instigate the installation of the respective software product and subsequently activate it by means of the allocated key. The “Customer” assumes full responsibility for ascertaining that their computing infrastructure aligns harmoniously with the system prerequisites articulated within the product descriptions and specifications.
Refunds and Defects for Digital Goods
It is imperative to emphasise that our policy on returns for digital commodities, as delineated in these Terms, adheres to a stringent framework. However, the “Customer” retains the unequivocal right to request either a full refund or a replacement should the digital product be demonstrably afflicted with defects that materially impair its functionality. This includes, but is not limited to, software malfunctions, inoperative key activations, or corrupted files.
In such instances, the “Customer” must notify our dedicated support team within 48 hours of the purchase transaction. Upon receipt of the claim, we shall undertake a meticulous review of the reported issues. If the defect is verifiably ascribed to the product provided, we shall, in good faith and with due urgency, either issue a fully functional replacement or process a full refund at the “Customer’s” discretion. The replacement option remains available for up to two weeks from the date of purchase.
Additionally, the “Customer” is entitled to a full refund if a refund request is submitted within 30 days of purchase, provided that the product has neither been downloaded nor activated. All refund requests must be directed to support@gmacsoft.com. While our team strives to process all claims promptly, please allow up to five (5) business days for review and resolution.
Intellectual Property
All intellectual property, including but not limited to trademarks, copyrights, and patents, associated with the digital products and content available on this website, are the sole property of the Company. No rights or licenses are granted to the Customer for the use of any intellectual property without explicit written consent from the Company.
Third-Party Websites and Content
This website may contain links to third-party websites or display content from third-party sources. The Company does not endorse or control the content of third-party websites and is not responsible for any damages or liabilities arising from the use of such websites or content.
Breach of Contract
Any breach of these Terms and Conditions by the Customer may result in the termination of access to our services and potential legal action. The Company reserves the right to seek damages for any losses incurred due to a breach of contract.
Force Majeure
The Company shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure is the result of unforeseeable circumstances beyond its control, including but not limited to acts of nature, government actions, or other force majeure events.
In the event of a force majeure event preventing delivery, customers may be entitled to a refund in accordance with applicable consumer laws.
Termination
The Company reserves the right to terminate or suspend access to its services at its sole discretion, with or without cause, and without notice. Upon termination, all rights and licenses granted to the Customer under these Terms and Conditions shall cease.
Sanctioned Countries
The Customer agrees not to use the Company’s services in violation of sanctions imposed by the U.S. Office of Foreign Assets Control (OFAC), the U.K. Office of Financial Sanctions Implementation (OFSI), or any other applicable sanctions regimes. The Company may restrict access to its services from sanctioned countries or individuals.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
Warranty Disclaimer
The Company makes no warranties, either express or implied, regarding the fitness, quality, or merchantability of its digital products. All products are provided “as is,” and the Company disclaims any warranties to the fullest extent permitted by law.
Limitations of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, consequential, incidental, or punitive damages, including but not limited to lost profits, arising from the use or inability to use its services or products.
Indemnification
The Customer agrees to indemnify and hold harmless the Company and its affiliates, officers, employees, and agents from any claims, losses, damages, liabilities, or expenses (including legal fees) arising out of or related to the Customer’s use of the Company’s services or products.
Amendments
The Company reserves the right to amend, modify, or revise these Terms and Conditions at any time without prior notice. The Customer’s continued use of the Company’s services constitutes acceptance of any such changes. It is the Customer’s responsibility to review these terms periodically for updates or modifications.
Prohibited Uses
By accessing or using our website and services, you agree not to engage in any of the following prohibited activities. Violations of this section may result in the suspension or termination of your access to our services and possible legal action:
– Using the website or services for any unlawful purpose or in violation of any applicable local, national, or international laws, regulations, or treaties.
– Engaging in fraudulent, deceptive, or misleading activities
– Copying, reproducing, distributing, or reverse-engineering any part of the website, digital products, or content without express written permission from the Company.
– Uploading, transmitting, or distributing any viruses, malware, spyware, or other malicious code that could damage, disrupt, or compromise the website or its services.
– Attempting to gain unauthorised access to our systems, servers, or databases, or circumventing any security measures in place.
– Sending unsolicited advertisements, promotional materials, or other forms of solicitation through the platform, or harassing, abusing, or harming other users.
– Using the platform to mine data, scrape content, or otherwise exploit the services for personal or commercial gain beyond the intended use.
– Pretending to be another person, entity, or the Company to deceive, mislead, or defraud others.
– Using the services in violation of any applicable export controls, trade sanctions, or restrictions imposed by any relevent governing jurisdictions.
Digital Product Limitations
By purchasing and using digital products from our platform, you agree to adhere to the following limitations:
– Digital Activation Keys and licenses are provided solely for your personal or organizational use and may not be shared, resold, or transferred to any third party without explicit written consent from the Company.
– Unless otherwise stated, each Digital Activation Key is valid for a single activation on one device. Multiple activations or installations are not permitted unless explicitly stated in the product description.
– You may not modify, decompile, disassemble, reverse engineer, or create derivative works based on the digital products provided.
– Certain products may be subject to geographic restrictions and can only be activated or used within specified regions. It is the Customer’s responsibility to review and comply with such restrictions before purchase.
– Some Digital Activation Keys may have a limited validity period. Customers must redeem and activate their keys within the specified time frame to avoid expiration.
– The Customer is responsible for ensuring that their hardware and software meet the system requirements specified in the product description. The Company shall not be liable for issues arising from incompatibility.
– Customers are advised to securely back up their Digital Activation Keys and downloaded files. The Company does not guarantee the reissuance of keys or files in the event of loss.
– Digital products must not be used for any illegal purposes or in ways that violate applicable laws, regulations, or third-party rights.
Dispute Resolution
If a dispute arises between you (“Customer”) and the Company regarding your use of our services or these Terms, the following procedures will govern its resolution:
Both parties agree to first attempt to resolve any dispute, claim, or controversy in good faith through informal negotiation. Customers should contact the Company via email at support@gmacsoft.com to outline the issue and provide supporting documentation.
If an informal resolution cannot be reached within 30 days, the parties agree to attempt to resolve the dispute through mediation. Mediation will take place in the United Kingdom unless otherwise agreed upon. The costs of mediation will be shared equally between the parties.
If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the Arbitration Act 1996 (or any subsequent legislation). The arbitration will be conducted in English and held in the United Kingdom. Each party will bear its own costs for arbitration unless the arbitrator decides otherwise.
For disputes not subject to arbitration, the parties agree to submit to the exclusive jurisdiction of the courts of the United Kingdom. These Terms are governed by and construed in accordance with the laws of the United Kingdom.
The following claims may be brought directly before a court of competent jurisdiction:
- Claims related to intellectual property rights or alleged infringement.
- Claims seeking injunctive or equitable relief.
All disputes must be resolved on an individual basis. You agree not to bring claims as a plaintiff or class member in any purported class or representative proceeding.
Any claims arising from these Terms must be initiated within one year of the occurrence of the event giving rise to the dispute, or they will be permanently barred.
Contact Us
For any questions, concerns, or inquiries related to these Terms and Conditions, please contact us via email at support@gmacsoft.com. We are committed to addressing your queries promptly and efficiently. Your communication is important to us, and we will strive to provide you with the assistance you require.
