Terms and Conditions - SharpCam Limited


These terms and conditions(the "Terms and Conditions") govern your use of the www.sharpcam.co.uk and www.sharpcam.net website (the "Website") and your relationship with the owner and operator of the Website, SharpCam Limited, a company incorporated under the Companies Acts (registered number 06692945) and having its registered office at c/o Williams & Co, 8/10 South Street, Epsom, Surrey, KT18 7PF (variously referred to as the "Website", "we" or "us").


Please read the Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the Website. If you have any questions on the Terms and Conditions, please contact us.


1                     Use of the Website


The Website is provided for use subject to these Terms and Conditions. By using the Website, you agree to be bound by these Terms and Conditions.


2                     Amendments


We may update the Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to you via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.


3                     Software


3.1      Software is made available by us for you to download under licence from this Website ("Software"). The copyright in the Software and any associated documentation (including, without limitation, instruction manuals and user guides) is owned solely by SharpCam Limited. Use of the Software and any associated documentation is governed by the terms of the end user licence agreement which accompanies the Software (the "Licence Agreement"). You will be unable to license or download any Software unless you first agree to the terms of the Licence Agreement.


3.2      The Software is made available for download solely for use by end users according to the Licence Agreement. Any reproduction or redistribution of the Software not in accordance with the Licence Agreement is expressly prohibited.


4                     Your Details


4.1      When you license the Software, you will be asked to provide certain information, including a contact email address.


4.2      It is your sole responsibility to ensure that the details provided by you at any time are correct and complete.


4.3      You must inform us immediately of any changes to your details in order that we can communicate with you effectively.


5                     Password and Security


5.1      Once you have completed your order to license the Software and we have received payment of the relevant fee in full, we will send you a unique username and password by email in accordance with clause 8 below. In order to prevent fraud, you must keep this username and password confidential and must not disclose it or share it with anyone. . We will not be liable for any loss that you may suffer as a result of a third party using your password, username or account, either with or without your knowledge. However, you could be held liable for any loss suffered by us or another party due to someone else using your password, username or account.


5.2      If you:


5.2.1          have forgotten your password; or


5.2.2          know or suspect that someone else knows your password;


you should order a new password via the customer support section of the Website.


5.3      If we have reason to believe that there is likely to be a breach of security or misuse of the Website and/or your account, we may suspend your account.


5.4      You may not use anyone else's password, username or account at any time, without the permission of the account holder.


6                     Orders and Pricing


6.1      Your order is an offer to license Software from us subject to these Terms and Conditions and the Licence Agreement. The Software is licensed, not sold. We may decline to supply Software to you without giving any reason.


6.2      The prices payable for Software that you order are clearly set out on the Website. All prices are expressed exclusive of any value added tax (VAT) payable unless otherwise stated. We reserve the right to change prices without notice. Prior to finalising your order, you will be shown the total price for your order.




6.2.1          Refunds may be given at the discretion of SharpCam Ltd.



7                     RBS WorldPay


7.1      We have partnered with RBS WorldPay to bring you secure online ordering. RBS WorldPay is the payment processing business of The Royal Bank of Scotland Group plc and provides a globally connected, locally coordinated payment processing service. Upon completion of your order, you will receive an acknowledgment in accordance with clause 8.


7.2      Your credit/debit card details will be collected by RBS WorldPay. Authority for payment must be given at the time of placing your order. The cost of your order includes a transaction fee that is payable by us to RBS WorldPay.


7.3      Your credit or debit card will normally be charged at, or shortly after, the time that your order is placed.


7.4      We will not accept any other form of payment other than credit or debit card.

8                     Acknowledgement of Order and Access to Secure Customer Area


8.1      Once you have completed your order to license the Software and we have received payment of the relevant fee in full, we will:


8.1.1          send you an acknowledgment email confirming that we are processing your order; and


8.1.2          as soon as is reasonably practicable thereafter, send you a second email confirming your unique username and password, giving you access to the secure customer area of the Website, where you can download your software and activation code.



9                     Time Limit for Downloading Software

You must download and activate the Software from the secure customer area of the Website within 30 days of placing your order. If you fail to do this, the Software will no longer be available to download and you will not be entitled to a refund.


10                 Availability of Software and Website


10.1  If for any reason beyond our reasonable control we are unable to supply you with the Software that you order, we will not be liable to you except to ensure that you are not charged for that Software.


10.2  Although we aim to offer you the best service possible, we make no promise that the services on the Website will meet your requirements. We cannot guarantee that the services will be fault free. If a fault occurs with the Website, you should report the problem, and we will attempt to correct the fault as soon as we reasonably can.


10.3  Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the services as soon as we reasonably can.


11                 Intellectual Property


The content of the Website is protected by copyright, trade marks, database rights and other intellectual property rights. Storage of content in any form (including electronic form), except as permitted under these Terms and Conditions and/or the Licence Agreement, is strictly prohibited. You may not reproduce, modify, copy or distribute or use for commercial purposes, any of the materials or content on the Website other than in accordance with the Terms and Conditions and/or the Licence Agreement.


12                 Your Use of the Website


12.1  You may not use the Website for any of the following purposes:-


12.1.1      disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;


12.1.2      transmitting material that encourages conduct that constitutes a criminal offence or otherwise breaches any applicable laws, regulations or codes of practice;


12.1.3      interfering with any other person’s use or enjoyment of the Website; or


12.1.4      making, transmitting or storing electronic or hard copies of the materials protected by copyright without the permission of the owner.


12.2  You will be responsible for any losses, damages and costs resulting from your breach of this clause 12.


13                 Our Liability


13.1  We use all reasonable endeavours to ensure that the information presented on our Website is accurate and not misleading but we do not give any warranties or guarantees in that respect. The Website may provide content from other internet sites or resources from time to time and, while we try to ensure that such material included on the Website is correct, reputable and not misleading, we do not give any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct the inaccuracies as soon as we reasonably can.


13.2  If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both you and us at the time you used the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption and will not exceed the total price paid by you.


13.3  This clause 13 shall not limit or affect our liability for death or personal injury caused by our negligence.


14                 Third Party Websites


As a convenience to customers, the Website may include links to other websites or materials which are beyond our control. We are not responsible for content on any site outside the Website.


15                 Advertising and Sponsorship


Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material.


16                 International Use


We make no promises that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.


17                 Miscellaneous


17.1  You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.


17.2  If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.


17.3  We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.


17.4  If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and Conditions and the remainder of such provision shall continue in full force and effect.


17.5  If anything displayed or published on the Website from time to time conflicts with any provision(s) of these Terms and Conditions and/or the Licence Agreement, the relevant provision(s) of these Terms and Conditions and/or the Licence Agreement (as the case may be) shall prevail.


17.6  This Website is owned and operated by SharpCam Limited, a company incorporated under the Companies Acts (registered number 06692945) and having its registered office at c/o Williams & Co, 8/10 South Street, Epsom, Surrey, KT18 7PF.


17.7  If you have any queries please contact us or phone +44 (0) 1483 819144.


18                 Applicable Law


These Terms and Conditions will be subject to the laws of England and Wales. We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the jurisdiction of the English Courts.