2.1

3.1

4.1

Pursuant to the licence:

1. you shall use the Software for processing your own data and for your own internal business purposes only. You shall not permit any third party to use the Software nor use the Software on behalf of or for the benefit of any third party in any way whatsoever.
2. the use of the Software is restricted to use on and in conjunction with one computer machine only being your individual computer hardware (“Equipment”) save that:
1. i. if the Software cannot be used with the Equipment because it is inoperable for any reason then the licence shall be temporarily extended without additional charge to use with any other equipment until such failure has been remedied, provided that such equipment is under your direct control.
2. ii. you may with our prior written consent (such consent not to be unreasonably withheld or delayed) use the Software on and in conjunction with any suitable replacement equipment (to be specified by type and serial number, location and ownership) if the use of the Software on and in conjunction with the Equipment is permanently discontinued. Upon such consent being given the replacement equipment shall become the Equipment for the purposes of the licence.
3. you may make only so many copies of the Software as are reasonably necessary for operational security and for. Such copies and the media on which they are stored shall be the property of SF Digital and you shall ensure that all such copies bear SF Digital’s proprietary notices. The licence shall apply to all such copies as it applies to the Software.
4. no other copies or part-copies of the Software may be made without the prior written consent of SF Digital.

If:

• Software delivered is not what you ordered; or
• Software delivered is not of a satisfactory quality we will refund to you the price paid for the Software.

Complaints

If you have any complaints, you should direct them to us via e-mail at info@fotosf.com or by post to Uzair Kharawala and Farzana Kharawala trading as SF Digital, 15 Johnson Drive, Leighton Buzzard, Beds LU7 4TP.

The following applies to any information you provide to us, for example during any registration or ordering process:

• you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you obtain or choose to buy Software through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and all in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these Terms and Conditions as ‘Personal Information’;
• you must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

Processing and disclosure rights

By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at [change of personal details e-mail address].

8.1

Personal Use

Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.

No Copying

You may not download, print or store any such material or send or show any copy thereof to anyone who is not a fellow employee or a member of your immediate family or friends. In the event of any breach of this term:

1. you will be liable to indemnify SF Digital and any of its suppliers against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and
2. You may be denied any further use of our website.

Third Party Materials

Our website is controlled and operated by us from our offices at 15 Johnson Drive, Leighton Buzzard, Beds LU7 4TP. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Software you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it. This will not affect any rights which you may have under warranties or otherwise against SF Digital.

Compliance with Law

We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK.

Exclusion of Warranties

SF Digital makes no warranties, express or implied that making Software available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making Software or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, that Software is not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Software. SF Digital accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of Software by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

Linked Sites

SF Digital makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from SF Digital and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that SF Digital endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

No Linking to or Extraction of Data or Other Information from SF Digital Site

Any linking to, deep linking to, or extraction from the SF Digital Site without the written consent of Uzair Kharawala and Farzana Kharawala trading as SF Digital in hard copy is strictly prohibited.

Penalty

Without prejudice to the generality of the foregoing sub-paragraph 10.2 any third party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to SF Digital for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by SF Digital whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.

Use of Cookies

As a result of viewing this website some information may become stored upon your computer. This information may be in the form of a ‘cookie’ or similar file which may help SF Digital in many ways for instance to improve the content of the website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to SF Digital’s use of any information gathered for the purposes mentioned above.

Seller’s Warranties

All Software you purchase from our website will be covered by such guarantees and warranties as are provided on the website in respect of any given Software. All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to Software, our website or any information or service provided through our website are strictly excluded, including, but not limited to, warranties of fitness for a particular purpose or that Software will meet your particular requirements. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website, including Software, are provided on an ‘as is’ basis and that bugs in software may arise. No warranty of any kind is expressed or implied. You use at your own risk. SF Digital will not be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software.

Exclusion of Liability

In relation to the purchase of Software, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Software, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of SF Digital or our servants, agents or any other person.

Limit of Liability

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Software concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

User’s Responsibilities

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and Software and is compatible with our website and Software. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

User to Indemnify against Intellectual Property Right Infringements

You shall indemnify SF Digital fully against all losses, liabilities, costs and expenses which SF Digital may incur as a result of your use of Software which involves or results in the infringement of any rights which may subsist in any part of the world in patents, registered and unregistered designs, copyright and all other intellectual property rights or the violation of any obligation of confidentiality.

Legal Limitations

The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

Alterations

We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

Entire Agreement

These Terms and Conditions together with any order form and payment method instructions, if any, are your whole agreement in relation to SF Digital and any Software and you understand that any agreement to order or purchase Software from or through our website will be an agreement between you and SF Digital. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by SF Digital or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, order form and payment method instructions.

Illegality

If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.

Jurisdiction

These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

Causes beyond Control

Neither you nor SF Digital will be held liable for any failure to perform any obligation to the other due to causes beyond your or SF Digital’s respective reasonable control.

No Waiver

Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

All notices shall be given:

• to us via e-mail at info@fotosf.com]; or
• to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.