Terms of Purchase and Use
These supplementary terms and conditions (“Terms”) govern the Customer’s agreement with HARTRIDGE LTD for a Credit Pack (as defined below) and the use of the Credits within such Credit Pack. The Customer should read these Terms carefully and only proceed if it accepts the Terms.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms the following definitions apply:
“Account” – means an account which is registered through the Website and enables the Customer to purchase Credit Packs;
“Administrator” – means a person that has registered an Account on the Website on behalf of the Customer and is authorised to purchase Credit Packs for and on behalf of the Customer;
“Code” – means the unique code which is produced once a Credit Pack has been purchased from the Website;
“Credits” – means the allocated number of credits a Customer receives based on the type of Credit Pack purchased;
“Credit Pack” – means a pack purchased by the Customer from the Website which contains a specific number of limited Credits which enables the User to then redeem such Credits for any Job;
“Credit Pack Price” – means the price for each type of Credit Pack as displayed on the Website from time to time;
“Data” – means all information provided by (or on behalf of) the Customer to Us or contained in the Account;
“Job” – means the different jobs available through the Machine in exchange for one or more Credits which specifically relate to the additional functionality of the Machine. Each different Job on the Machine requires a different number of Credits to be redeemed which is clearly stated on the User Interface;
“Terms” – means these terms and conditions;
“Transaction” – means the purchase of a Credit Pack (or Credit Packs) via the Website;
“Machine” – means any test bench which is specifically linked to the Customer’s Account;
“Us, We, Our” – means HARTRIDGE LTD;
“User” – means a person who has been given authority (or registered) by the Administrator to operate the [Account and] Machine on a day to day basis to create, administer and execute Jobs;
“User Interface” – means the device fixed to the Machine which enables the User and/or Administrator to upload the Code and redeem the Credits in the form of a Job;
“Website” – means the website at www.hartridge.shop through which the Customer can purchase Credit Packs;
“Customer” – means the purchaser of goods as set out in the General Terms and Conditions of Sale;
1.2 In these Terms, unless the context requires otherwise:
1.2.1 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.2 words in the singular include the plural and vice versa;
1.2.3 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
2.1 These Terms apply in addition to the General Terms and Conditions of Sale and the Software Licence and Support Agreement. No other terms or conditions endorsed on, delivered with, or contained in any quotation, sales conditions, confirmation of order, specification, invoice or other document shall govern the purchase and use of Credit Packs except to the extent that We otherwise agree in writing.
2.2 The Customer must sign up to the Software Licence and Support Agreement in order to access the standard and advanced functionalities of the Machine. To use the advanced functionality the Customer will need to purchase a Credit Pack in accordance with these Terms.
2.3 Please read these Terms carefully. If the Customer has any questions about the Website or these Terms, please contact us by email at email@example.com or by telephone on +44 (0)1280 825 650. The Customer shall procure that any Administrators and Users comply with these Terms in full. Continued use of the Website following the posting of any changes shall constitute the Customer’s acceptance of such changes. If the Customer does not agree to any changes to these Terms then the Customer should not continue to use the Website (and should not allow the Administrator or any Users to).
2.4 These Terms were last updated on: 3rd July 2018.
3. REGISTERING AN ACCOUNT
3.1 To register an Account, the Customer shall:
3.1.1 enter a valid and operating email address, create a password, and provide all other information requested in the registration section of the Website; and
3.1.2 confirm its acceptance of these Terms.
3.2 The Customer should carefully read these Terms before registering an Account on the Website and before purchasing a Credit Pack.
3.3 The Customer is responsible for the security of the Account details (including password) and should keep such details confidential and secure. The Customer is solely responsible for any Transactions made using the Account and we are not liable for any resulting losses or damage due to unauthorised access.
3.4 The Account is not transferable to any other person, organisation or Machine. A Machine is only permitted to be associated with one Account. Registering an Account with Us is free.
4. CREDIT PACKS
4.1 The Customer shall purchase a Credit Pack or Credit Packs from the Website in exchange for the Credit Pack Price. The Credit Packs will range in size from 100 to 2000
4.2 Only an Administrator may purchase Credit Packs from the Website. When purchasing a Credit Pack the Administrator must specify the Machine that such Credit Pack is being purchased for by entering the Machine’s [unique identification number]. The Credit Pack can only be used on that Machine and will not work on any other Machine.
4.3 Once a Customer has purchased a Credit Pack from the Website it will receive a Code which will need to be uploaded to the Machine using the User Interface. The Code can be printed directly from the Website but will also be e-mailed to the given e-mail address. All codes will be held in the account history for future reference. The Credit will be available to use on the Machine immediately of entering the Code. The User can then start using the Credits to select a Job(s) from the Machine.
4.4 The Customer should note that while the Administrator is entitled to purchase more than one Credit Pack per Machine, each Machine is not permitted to store more than 1,000,000 Credits at any one given time. In the event that the Machine is uploaded with more than 1,000,000 Credits then purchased Credits will be lost and non-refundable.
4.5 The Credit Packs must be uploaded to the machine within 12 months of the date of purchase from the Website otherwise the Credit Pack including all Credits will expire.
4.6 Credit Packs and Credits are non-refundable and non-transferable and the Customer should note that it is not permitted to upload a Credit Pack or any Credits to a Machine which it is not authorised to operate. Credit Packs and Credits may neither be exchanged for a cash equivalent nor used for any other fees or payments.
4.7 Upon termination of these Terms for any reason, the Customer will forfeit any unused Credits.
5. REDEEMING CREDITS
5.1 Credits can be redeemed for Jobs via the User Interface on the Machine. The number of Credits required for each Job will be displayed in the User Interface. To redeem a Credit select the Job that is required and the User Interface will display the number of Credits required for that Job and the balance of Credits that will remain on the Machine after redemption of Credits for that Job.
5.2 If the User wishes to proceed it selects the Job and the Credits will be automatically redeemed and the balance of Credits remaining on the Machine shall be automatically reduced accordingly.
5.3 The balance of Credits remaining on a Machine can be checked at any time via the User Interface on the relevant Machine.
6. TRANSACTIONS AND PAYMENT
6.1 The Customer may pay the Credit Pack Price using PayPal account or a credit card. All Credit Packs must be paid for in advance and a Code will not be issued until payment has been received in full in cleared funds for the Credit Pack Price.
6.2 [All Transactions will be conducted via a third party’s website].
6.3 [All Transactions are covered by these Terms and any additional third party terms or conditions. The Customer will need to ensure that it has read the terms and conditions of the third party responsible for conducting the Transaction].
6.4 [By completing a Transaction, the Customer agree to pay all amounts related to the Transaction including all taxes].
6.5 We may suspend or terminate the Account and/or access to the Website if the Customer’s offered payment method can not be processed or accepted. We reserve the right to modify, suspend, reject or cancel any Transaction for any reason.
7.1 To the maximum extent permitted by law, the Customer will not be entitled to recover any payments or fees if its Account is suspended or terminated in accordance with these Terms.
7.2 The Customer shall not be entitled to a refund of Credit and/or a Credit Pack unless it can be actually proven that its Machine is defective or faulty (and has not been tampered with or interfered with) and as a result it caused the Credits to disappear. In such an event, We will rely on the Data acquired in order to reset the Credit balance to the point immediately before the failure of the Machine.
8.1 The Customer shall not:
8.1.1 use the Website and/or Machine and/or User Interface in breach of any applicable laws or regulations or these Terms;
8.2 The Customer:
8.2.1 represents and warrants that the Administrators and Users have read and agreed to be bound by these Terms prior to using the Website and/or User Interface; and
8.2.2 shall fully indemnify and hold Us harmless against, any expenses, costs, loss (including consequential loss) or damage that We may suffer or incur as a result of or in connection with any action, claim or allegation brought against Us by an Administrator or User arising directly or indirectly as a result of any act or omissions by the Customer.
9. DATA PROTECTION AND BACKING UP DATA
9.1 We will make every reasonable effort to protect and back up Data on a regular basis using a cloud based server. We do not however, guarantee the existence, accuracy, or regularity of our backup services and, therefore, the Customer is solely responsible for independent backup of data stored on the User Interface and Website. We are not responsible for any Data that is lost as a result of the Customer’s act or omissions.