1. SCOPE AND APPLICATION
1.1 THESE TERMS OF SALE (“TERMS”) CONSITUTE A BINDING LEGAL CONTRACT BETWEEN (A) US, Goodwill Enterprise Development, LTD, Unit 1021 10/F Ocean Centre, Harbour City, No5 Canton Road TST, Kawloon, Hong Kong, THE SELLER (WITH REFERENCES TO “US”, “WE”, OR “OUR” BEING CONSTRUED ACCORDINGLY), AND (B) YOU, THE PURCHASER (WITH REFERENCES TO “YOU” OR “YOUR” BEING CONSTRUED ACCORDINGLY). THESE TERMS APPLY TO ALL OFFERS, SALES AND PURCHASES OF PRODUCTS (SOFTWARE) (“PRODUCTS”), WHICH OCCUR EITHER (A) THROUGH THE ONLINE STORE ON WHICH WE POST THESE TERMS, OR (B) THROUGH ANY OTHER MEANS THROUGH WHICH WE ENGAGE IN THE SALE OF PRODUCTS. BY ORDERING ANY PRODUCT BY VISITING THIS ONLINE STORE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT.
1.2 ALL ORDERS ARE SUBJECT TO YOUR CONSENT TO ANY APPLICABLE LICENSE AGREEMENT OR USAGE TERMS IS DELIVERED WITH, INCLUDED IN, OR PRESENTED IN CONNECTION WITH YOUR PRODUCT. If you do not agree to the license or usage terms once you see them, do not accept them and contact customer service.
1.3 THE PRODUCT IS OFFERED ON MULTIPLE MARKETS AND SALES PLATFORMS WHICH HAVE DIFFERENT REFUND POLICIES. THE CUSTOMER MUST CHECK THE CURRENT POLICIES OF THE MARKETPLACE WHERE THEY PURCHASED OR SEEK TO PURCHASE THE SOFTWARE IF THEY DESIRE TO OBTAIN A REFUND OR RESERVE THE RIGHT TO OBTAIN ONE.
2. ORDER PLACEMENT AND ACCEPTANCE; ONLINE CONTRACTING
2.1 We attempt to describe the Products available for purchase as accurately as possible. However, we do not warrant that the prices and descriptions made or referred to on the any related websites are accurate, complete, reliable, current, or error-free.
2.2 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same.
2.5 You acknowledge and agree that if you are placing an order through a website, by clicking or activating the button or hyperlink to submit your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw your consent to electronic contracting and to electronic delivery, but if you do, we may cancel your order.
2.6 Our acceptance of your order only occurs at such time that we have both (a) dispatched your Product order and (b) received payment of the purchase price of your order through settlement of funds (“Acceptance”). We may cancel your order at any time and for any lawful reason prior to Acceptance. Prior to Acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
3. SOFTWARE AND SERVICE USE RIGHTS
3.1 Where any Product supplied is or includes software (“Software”), this Software (a) is licensed to you (and not sold to you) by the licensor/owner subject to terms presented during your checkout process (“License Terms”). In addition:
3.2 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
3.3 Except to the extent expressly provided by us in writing, Software is provided ‘as is’ without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction.
These Terms sets forth the entire understanding between you and us with respect to your purchase of Products from us, and supersedes any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. Neither you nor us shall be in breach of these Terms in the event that party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.