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Our terms for the supply of digital content

1.        These terms

1.1.     What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2.     Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.

2.     Information about us and how to contact us

2.1     Who we are. We are Three Digital Software Trading LLC (trading as Uscenes), a company registered in Dubai under company number 765723 and we have our registered office at Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195.

2.2.     How to contact us. You can contact us by writing to us at info@uscenes.com or Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195

2.3.     How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.

2.4.     “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.      Our contract with you

3.1     How we will accept your order. Our acceptance of your order will take place when you confirm your order on our website at www.uscenes.com, at which point a contract will come into existence between you and us.

3.2     If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.

3.3     Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.     Our products

4.1     Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

4.2     Our copyright in the products and our intellectual property rights: Three Digital Software Trading LLC owns all intellectual property rights (including copyright) in the products.

4.3     Licence to use the products for personal use in your own home: In relation, specifically and solely, to your order we grant to you an irrevocable, non-exclusive, non-terminable, royalty-free licence to make personal use of the products you have purchased from us. For the avoidance of doubt, you may make copies of the products for your own personal, domestic use in your own home. You may not copy, modify, record, publish, distribute or reproduce our products for any other use, including but not limited to business use or to give, sell, supply or distribute to others, and you must not seek to pass off our products as your own.

5.     Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.

6.     Our rights to make changes

6.1     Minor changes to the products. We may change the product to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2     Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7.     Providing the products

7.1     When we will provide the products. We will make the digital content available for download by you as soon as we accept your order.

7.2     We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.3     When you own goods. You own a product once we have received payment from you for it in full.

8.     Your rights to end the contract

8.1     You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)     If what you have bought is faulty or misdescribed you may have a legal right to to get the product replaced or to end the contract, see clause 11;

(b)     If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c)     If you have just changed your mind about the product, see clauses 8.3 and 8.4. You may be able to get a refund (subject to deductions) if you are within the cooling-off period.

8.2.     Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a)     we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b)     there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c)     we have suspended supply of the products for technical reasons, for a period of more than 2 days; or

(d)     you have a legal right to end the contract because of something we have done wrong.

8.3     Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013.

8.5.     However, you do not have a right to change your mind in respect of digital products after you have started to download or stream these products even if the cancellation period is still running.

8.6     How long do I have to change my mind?
Where you have bought digital content for immediate download or streaming, you only have until you start downloading or streaming. In delivering the digital content to you immediately, you agree when ordering that you will not have a right to change your mind.

9.     How to end the contract with us (where you have not yet downloaded the digital content)

9.1     Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)     By email. Email us at info@uscenes.com. Please provide your name, email address and details of the order.

(b)     By post. Write to us at Uscenes, Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195, and provide your name, email address and details of the order.

9.2     How we will refund you. We will refund you the price you paid for the products by the method you used for payment.

9.3     When your refund will be made. If you are exercising your right to change your mind (and you have not yet downloaded the digital content), then your refund will be made within 14 days of your telling us you have changed your mind.

10.     Our rights to end the contract

10.1     We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)     you do not make any payment to us when it is due;

(b)     you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c)     you do not, within a reasonable time, allow us to deliver the products to you (ie by way of download).

10.2     You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided.

11.     If there is a problem with the product

11.1.     How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to our customer service team at info@uscenes.com or Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195

11.2.     Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights
This is a summary of your key legal rights (which are subject to certain exceptions).
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 are entitled to a repair or a replacement;
~     if the fault cannot be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back;
~     if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

 

11.3     Your obligation to delete rejected products. If you wish to exercise your legal rights to reject products you must delete them from your computer, phone, television or applicable hardware.

12.     Price and payment

12.1     Where to find the price for the product. The price of the product (which may include VAT, as appropriate) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.

12.2     What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.3     When you must pay and how you must pay. We accept payment with debit cards, credit cards and via Paypal. For digital content, you must pay for the products before you download them.

13.     Our responsibility for loss or damage suffered by you

13.1     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

13.2     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products as summarised at clause 11.2.

13.3     If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4     We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose (in breach of this agreement) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In such circumstances, you will be liable to us for breach of contract and for infringing our intellectual property rights (including but not limited to infringement of our copyright in the digital content).

14.     How we may use your personal information

14.1     How we will use your personal information. We will use the personal information you provide to us:

(a)     to supply the products to you;

(b)     to process your payment for the products; and

(c)     to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2.     We will only give your personal information to third parties where the law either requires or allows us to do so.

15.     Other important terms

15.1     We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2     Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.3     If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4     Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.5     Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

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