1.1 Welcome to the terms and conditions for Toxik Software. These terms and conditions explain your rights and obligations.
1.2 Please read them carefully as your purchase of Products from this website indicates that you accept these terms and conditions. Please contact us with any enquiries, comments, or complaints.
2. Complete agreement and privacy
3. Variation of terms and conditions
3.1 We reserve the right to change these terms and conditions from time to time and without notice.
4. Purchasing and ordering
4.1 To buy goods or services from us you must be over 18. For further information relating to either the purchase of products from Toxik Software, please read the relevant sections that follow these general terms and conditions.
5. Materials in site and software rights
5.1 All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to our websites (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our websites) will be and remain the sole property of us.
5.2 Redistributing, republishing, copying, adapting or otherwise making material on this website available to third parties is prohibited.
5.3 The information in this website is given in good faith. It is subject to change without notice. We make every effort to ensure that the information on our website is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.
6. Our liability
6.1 Users of this website are responsible for any decisions they take based on information provided on the sites. We do not accept liability (as far as permitted by UK law) for any loss arising from using or relying on information or links included in these sites.
6.2 Arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
6.3 You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of our website.
6.4 We shall not be liable to you in connection with this Agreement for losses that are not a reasonably foreseeable consequence of our actions. If you are using our website for commercial purposes, Toxik Software shall not be liable for any loss of profits, loss of contracts, loss or corruption of data, or other economic loss arising in connection with this Agreement.
6.5 These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or for any matter which it would be illegal for Toxik Software to attempt to exclude its liability and do not affect your statutory rights.
6.6 Our website may contain links to other sites, which are outside our control and are not covered by these terms and conditions.
6.7 If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you.
7. Your liability
7.1 You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our website.
8. Acceptance of these terms
8.1 This Agreement is deemed to be made in England and is subject to English law and the exclusive jurisdiction of the English courts.
9. Matters beyond reasonable control
9.1 Neither party is liable for any breach of this Agreement that is caused by a matter beyond its reasonable control, including acts of God, fire, lightning, explosion, war, flood, industrial disputes, sabotage, extremely severe weather, or acts of local or central Government or other competent authorities.
10. Purchasing of products from Toxik Software
10.1 To purchase a product you must be 16 or over on the date of purchase.
10.2 All orders are subject to acceptance and product availability. By submitting your order you are offering to buy the products at the price set out in the order and allowing us to use your personal details to supply the products.
10.3 We may not necessarily keep a copy of your order. We advise you to print a copy of them for your information in the future.
10.4 We are not obliged to supply the products you have ordered until we have confirmed that we have accepted your order. No contract will exist until we have accepted your order.
10.5 All prices include VAT where payable at the current rates. If the product is out of stock or we are unable to supply exactly what has been ordered (or if there has been a price increase) we will contact you.
10.6 We aim to process your order within 4 days, but please allow up to 14 days for delivery. If we have not delivered the products within 30 days of the date of our acceptance you may cancel the contract and we will refund any money paid by you.
10.7 Toxik Software cannot take responsibility for the use of any product purchased.
10.8 The liability of Toxik Software is limited to refunding the purchase price on condition that the product is returned unused.
10.9 The supply of any product by Toxik Software shall not imply or comprise advice relating to suitability for use by the purchaser.
11. Credit/Debit Card Payments
11.1 You can pay by credit or charge card. We accept Amex, Diners’, MasterCard, Visa, and Switch. Payment by eCheque will be subject to clearance of funds into our account which may take up to 14 days.
11.2 All credit and debit card holders are subject to validation checks and authorisation by the card issuer.
11.3 If the issuer of your payment card refuses to authorise payment to us, we will not confirm acceptance of the order, no contract will be formed, and we will not be liable for any delay or non-delivery. You do not own the goods until we receive payment in full.
11.4 PayPal process credit card payments on behalf of Toxik Software. Aloe Health UK are not responsible for losses incurred as a result of payment processing by PayPal. If payment is taken by PayPal and not credited to the Toxik Software account, or mutltiple payments are taken in error the matter shall be between the Purchaser and PayPal.
11.5 Where a payment is incorrectly credited to the Toxik Software account, Toxik Software will make a refund via PayPal as soon as the error is discovered. Toxik Software are not responsible for loss of interest or bank charges incurred as a result of excess or duplicate payments.
12. Cancellation policy
12.1 You have the right to cancel the order for up to 14 days, starting from the date of your order.
12.2 To cancel the contract you need to send a written cancellation request by post to Toxik Software, 44c High Street, Chippenham, Ely, CB7 5PR UK; by email to [email protected]; or by fax to 01638 778597.
12.3 In common with the general policy regarding software; software cannot be returned for refund except at the discretion of Toxik Software.
12.4 Please note that your statutory rights are not affected. This cancellation policy is separate and additional to our returns policy. However, if you do choose to cancel, we would remind you that there is a legal requirement for you to take good care of the goods until you have returned them to us.
13. Returns Policy
13.1 You should arrange for the product(s) to be returned to us with the original receipt and we shall arrange for a full refund (excluding return postage) within a maximum period of 30 days from receipt of the returned goods. Please note we are not able to refund where the product has already been installed and activated on a PC.
14.1 Postage and Packing is at the relevant rate for the Delivery Option selected when Ordering.
14.2 Toxik Software takes no responsibility for delivery of orders once they enter the post system. The UK Royal Mail are legally responsible for safe delivery of packages once they enter their system. The responsibility of Toxik Software ends at the point the package enters the Royal Mail system, and Toxik Software obtains proof of posting for all orders.
14.3 If a package goes missing in the post Toxik Software will provide a copy of the proof of posting to assist in making a claim against the Royal Mail or other post carrier. Toxik Software has no further responsibility in terms of orders lost in transit. Customers are advised that the liability of the Royal Mail for lost orders is limited to £28 unless additional insurance is obtained. If a customer requires a delivery to be insured for its full value this must be indicated at the time of ordering and an additional cost may be payable.
14.4 Toxik Software take no responsibility for the delivery of items where an incorrect address has been provided. It is the responsibility of the purchaser to provide full and correct address information while ordering.
15. Your personal information.
16.1 You shall not assign or otherwise transfer this Agreement to any other person without obtaining our prior written consent.
16.2 We reserve the right to assign all or part of this Agreement at any time to any company or person.
17. Toxik Software website content
17.1 Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.