PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY
Under this contract, we are providing you with THE NOVEL FACTORY VERSION 3 with all the content, material or services accessible within the Software and all updates within Version 3 to the Software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (‘Software’) and all associated documentation and support resources (‘Documentation’).
Please read the following important terms and conditions before you buy any software from us and check that they contain everything you want and nothing that you are not willing to agree to.
IF YOU CLICK ON THE ‘ACCEPT’ BUTTON ONCE YOU HAVE COMPLETED READING THESE TERMS YOU ARE AGREEING TO AND ACCEPTING THE TERMS OF THIS CONTRACT, THIS MEANS THAT THE TERMS AND CONDITIONS PROVIDED IN THIS CONTRACT WILL BE LEGALLY BINDING ON YOU.
Your attention is particularly drawn to clause 9.5 of these terms, which explains that subscriptions will automatically renew on a monthly or annual basis, and clause 15, which sets out important limits and exclusions of our liability to you.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
Important information on downloading costs and ‘bill shock’:
When you buy our software it will download automatically onto your computer or device. Please be aware that using too much data might mean that you exceed your data limit on your device and you could face paying more than you were expecting, particularly if you are using your device abroad.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means Sentiva Limited; and
- ‘you’ or ‘your’ means the person trialling our software.
If you have any questions about this contract, you can use any of the following methods:
Our help manual: https://www.novel-software.com/knowledge-base/
Our contact page: https://www.novel-software.com/contact/
Email: [email protected]
Post: Manby House, East Chevin Road, Otley, West Yorkshire, England, LS21 3BN
We are SENTIVA LIMITED (trading as The Novel Factory), a company registered in England and Wales under company number: 05678831. We operate from our registered office at: Manby House, East Chevin Road, Otley, West Yorkshire, England, LS21 3BN. Our VAT number is: 876782461.
1 Introduction
1.1 If you buy software from us you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 If you use the Software outside of the UK, you are responsible for ensuring that you comply with any local laws.
1.4 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
1.5 Your use of our website is governed by our Website Terms of Us.
2 Your privacy and personal information
2.1 Our Privacy Policy is available at https://www.novel-software.com/privacy/.
2.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3 Ordering software from us
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the site by clicking the ‘Subscribe now' or 'Buy now’ button. Please check your order carefully before submitting it.
3.3 Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download and use the Software. To download and use the Software, your device needs to comply with the minimum technical requirements set out on our website here, the ‘Technical Specifications’.
3.4 Please read these carefully as you are responsible for making sure that your device meets these requirements.
3.5 When you place your order at the end of the online purchase process (eg when you click on the ‘Subscribe now' or 'Buy now’ button), a legally binding contract will be in place between you and us. At this point we will send you a confirmation email and the download of the Software will start automatically, meaning you will have access to the web application and the Software.
3.6 If you are under the age of 18 you may not buy any software from the site.
4 No right to cancel
4.1 When you click the ‘Subscribe now’ or 'Buy now' button the download of the Software will start immediately. You may therefore lose your right to cancel. However, we will consider all requests for cancellations and refunds on a discretionary basis.
4.2 This does not affect the rights you have if your Software is faulty. A summary of these rights is provided at the top of this page. See also clause 13.
5 Permission to use the Software
5.1 When you buy the Software and it is downloaded (see clause 7), you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it, provided you follow all of the rules in this contract. This means that you do not own the Software and are only allowed to use the Software in accordance with this contract. We remain the sole and beneficial owners of the Software at all times.
5.2 We do not take ownership of any content uploaded to the Software. You remain the sole and beneficial owner of all content.
5.3 The licence is granted to you on an annual, monthly, or lifetime basis (determined by your chosen subscription) until terminated in accordance with this contract.
5.4 The Software:
5.4.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
5.4.2 is non-exclusive to you. We may supply the same or similar software to other users;
5.4.3 may not be:
(a) copied by you except where such copying is necessary for the use of the Software in accordance with these terms or for a reasonable number of necessary back-ups;
(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
(c) combined or merged with, or used in, any other computer program, save the relevant browser; or
(d) distributed or sold by you to any third party;
5.4.4 includes a guide on how to use it. Please read this carefully. This guide can be accessed at https://www.novel-software.com/knowledge-base/;
5.4.5 includes updates within the same version number;
5.4.6 does not include:
(a) updates of Major Version Number; and
(b) other software products from us.
5.4.7 contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
5.5 Except where you have permission to use the Software under this clause 5, you will not obtain any rights of ownership or other rights (of whatever nature) in the Software or in any copies of it.
5.6 If you do not comply with any term in this clause 5, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order
6 Acceptable Use
6.1 You must not use the Software to do any of the following things:
6.1.1 break the law or encourage any unlawful activity;
6.1.2 send or upload anything that is (or might be considered to be) defamatory or discriminatory;
6.1.3 infringe our or anyone else’s intellectual property rights:
6.1.4 transmit any harmful software code such as viruses;
6.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks; or
6.1.6 deliberately disrupt the operation of anyone’s website, app, software, server or business.
7 Infringing content
7.1 We will use reasonable efforts to:
7.1.1 delete accounts which are being used in an inappropriate manner or in breach of this contract; and
7.1.2 identify and remove any content that is defamatory, infringes intellectual property rights or is otherwise in breach of this contract when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
7.2 If you believe that any use of the Software is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
8 Download
8.1 Once you have placed your order and the Confirmation Email has been sent to you (see clause 3), the Software will download automatically.
8.2 You will need internet access to download the Software and you are responsible for any charges you may incur in connection with your download.
8.3 We are not liable to you if you are unable to download or use the Software due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
8.4 If something happens which is outside of our control and affects your ability to download the Software, we will let you know when you can expect to be able to download the Software.
8.5 If your computer or device blocks the automatic download of the Software or the automatic download does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.
9 Payment
9.1 We accept payment via Paddle. We do not accept direct payments, cash or cheques.
9.2 Prices for our software are set out on our website. All prices are in US dollars ($) and include VAT at the applicable rate.
9.3 For subscriptions you will pay the total monthly or annual fee in full at the beginning of the subscription term.
9.4 Your credit card or debit card will be charged and the Confirmation Email will be sent to you, at which point the download of the Software starts automatically.
9.5 Subscriptions will automatically renew on a monthly or annual basis at the then-current rate unless cancelled in accordance with the cancellation policy (see Clause 14). We will notify you about the renewal of your subscription, including any price changes at least 7 days before the renewal date.
9.6 If you do not accept the increased Fees, you may end this contract at the end of your subscription period.
10 Availability
10.1 We cannot guarantee that any Software will be available at any given time, or that access to the Software will be uninterrupted, error free or secure. For example, access to Software may be temporarily unavailable while we carry out maintenance or for other technical reasons.
10.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain software. If this happens and it affects your order, we will notify you by email, cancel your order.
11 Nature of the Software
11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The software that we provide to you must be as described, fit for purpose and of satisfactory quality.
11.2 When we supply the Software:
11.2.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
11.2.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and
11.2.3 you acknowledge that there may be minor errors or bugs in it.
12 Updates to the Software
12.1 We may provide updates to the Software from time to time for reasons that include fixing bugs or enhancing functionality.
12.2 The updates that we provide may change or remove functionality, but if they do, we will ensure that the Software continues to meet the description of it that was provided to you at the time you downloaded the Software. If the required Technical Specifications (as set out at the beginning of this contract) change as a result of an update that we provide, we will notify you of such changes.
12.3 Updates will download automatically.
13 Faulty Software
13.1 If your Software is faulty, you are entitled to a repair or a replacement.
13.2 If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back.
13.3 If you can show that a fault in the Software has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
13.4 This is a summary of some of your key rights. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
13.5 If there is a problem with your Software, please contact us as soon as reasonably possible.
13.6 To avoid faults in the Software, you must:
13.6.1 use it only on the recommended third party software and equipment set out in the guide to its use or on our site; and
13.6.2 disable any third-party software which may interfere with the operation of the Software.
14 End of the contract
14.1 Cancellation Policy: You may cancel your monthly or annual subscription at any time by accessing the ‘Manage my subscription’ area of your account and clicking ‘End my Subscription’. Cancellations will take effect at the end of the current subscription period.
14.2 Refund Policy:
14.2.1 If you cancel your subscription or change your mind about purchasing a lifetime licence within 30 days of purchase you can receive a full refund. To request this, please contact us at [email protected]
14.2.2 After 30 days, refunds are only available in cases of service discontinuation by the provider, or at our discretion.
14.3 Remediable breach. If you breach this contract in a serious way, or persistently breach this contract, and such breach is able to be remedied, we will provide you with written notice of your breach and require you to remedy it within 14 days. If you do not remedy the breach within the 14 days notified to you, then we can immediately end this contract by giving you notice in writing. ‘Serious’ in this Clause 14 means that you are interfering with the operation of the Software or doing anything else that we think presents a big enough risk to justify us ending the contract quickly.
14.4 Non-remediable breach. If you breach this contract in a serious way, or persistently breach this contract, and such breach is not able to be remedied, we can immediately end this contract either without advance notice to you or by giving you notice in writing.
14.5 If you breach this contract in any other way than as set out in clauses 14.3 and 14.4 above, we have a right to end this contract and will give you a reasonable amount of notice before the contract ends.
14.6 The consequences of the contract ending are as follows:
14.6.1 you will no longer be allowed to use the Software and we may remotely limit your access to it;
14.6.2 we may delete or suspend access to any accounts that you hold with us;
14.6.3 you are not entitled to a refund; and
14.6.4 you must delete the Software, Documentation and any copies of the Software or the Documentation, from any devices that they have been installed on and we may ask you to confirm to us that you have done so.
14.7 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
15 Limitation on our liability
15.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
15.1.1 losses that were not foreseeable to you and us when the contract was formed;
15.1.2 losses that were not caused by any breach on our part;
15.1.3 business losses; or
15.1.4 losses to non-consumers.
16 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
17 Disputes
17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Software you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
18 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
19 Governing Law and Jurisdiction
19.1 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
19.2 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS