Services Terms and Conditions

  1. Introduction

1.1      These terms and conditions shall govern the sale, supply and use of downloadable data and associated services to be used in conjunction with the Software.

1.2      You will be asked to give your express agreement to these terms and conditions before You place an order on our website.

1.3      This document does not affect any statutory rights You may have as a consumer.

  1. Interpretation

2.1      In these terms and conditions:

(a)       “We” means Rapid Prototyping Systems Ltd (and “us and “our” should be construed accordingly);

(b)       “You” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

(c)       “Software” means those Software programs that are available for download provided by Rapid Prototyping Systems Ltd; and

(d)       “Your Software” means any such Software programs that You have downloaded from us (including any enhanced or upgraded version of the Software programs that We may make available to You from time to time) directly or indirectly;

(e)       “Data Config” means a file of information that may be downloaded by the Software;

(f)        “Services” means email and telephone support in conjunction with the Software;

(g)       “Active Subscription” means a subscription for Your Software whether during a Trial Period or where payments are up to date;

(h)       “Trial Period” means a seven-day period from when an activation code is entered into the app.

(i)        The Clause headings do not affect the interpretation of these Terms and Conditions.

  1. Order process

3.1      The advertising of Software on our website or app store constitutes an “invitation to treat” rather than a contractual offer.

3.2      This contract will not come into force between You and us unless and until We accept your subscription in accordance with the procedure set out in this Section 3.

3.3      You must take the following steps to enter into a binding contract with us.

3.3.1 Sign up to a monthly payment plan.

3.3.2 Agree to these Terms and Conditions.

3.3.3 Download the appropriate Software to your supported mobile device.

3.3.4 Log onto the Software with the supplied activation code.

  1. Subscription Fees

4.1      Our subscription fees are available on our website.

4.2      We reserve the right to alter the subscription fee(s), You will receive 60 days’ notice before any alterations take effect.

4.3      If your payment fails, You will have a ten-day period to complete payment before your account is closed.

4.4      All amounts stated in these terms and conditions or on our website are stated exclusive of Sales Tax or VAT.

  1. Support Services

5.1        The Licensor shall provide the Support Services to the User during the Active Subscription.

5.2        The Licensor shall provide the Support Services with reasonable skill and care.

5.3        The Licensor may suspend the provision of the Support Services if You do not maintain your Active Subscription.

  1. Licensing of Config Data

6.1      This licence gives You the right to use the Data Config associated with your subscription giving access to features within the Software.

6.2      The Software will automatically download an associated Data Config when connected to the internet if any new Data Config is available.

6.3      Subject to maintaining an Active Subscription and compliance with these terms and conditions, We grant to You a non-exclusive and non-transferable licence to make use of the Data Config permitted by Section 6.4, providing that You must not in any circumstances make any use of your Data Config that is prohibited by Section 6.5.

6.4      The “permitted uses” of your Data Configs are:

(a)       downloading a copy of each of your Data Configs within the Software;

(b)       installing a copy of each of your Data Configs on not more than 1 appropriate mobile device;

and

(d)       using your Data Config in accordance with the documentation incorporated into the downloads.

6.5      The “prohibited uses” of your Data Configs are:

(a)       the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any Data Config (or part thereof) in any format;

(b)       the editing, modification, adaptation or alteration of any Data Config (or part thereof), and the creation of any derivative work incorporating any Data Config (or part thereof);

(c)       the use of any Data Config (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d)       the use of any Data Config (or part thereof) to compete with us, whether directly or indirectly;

(f)       the reverse engineering, de-compilation or disassembly of any Data Config (or part thereof); and

(g)       the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any Data Config for the purpose of preventing unauthorised use,

providing that nothing in this Section 6.5 will prohibit or restrict You or any other person from doing any act expressly permitted by applicable law.

6.6      You warrant to us that You have access to the necessary computer systems, media systems, Software and network connections to receive and benefit from the use of the Data Config.

6.7      All intellectual property rights and other rights in the Data Config not expressly granted by these terms and conditions are hereby reserved.

6.8      You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any Data Config.

6.9      The rights granted to You in these terms and conditions are personal to You, and You must not permit any third party to exercise these rights.

6.10    If You breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.11    You may cancel your Active Subscription from within the app, this will terminate this contract at the end of the current billing period.

6.12    Upon the termination of a contract under this Section 6, You must, if You have not previously done so, promptly and irrevocably delete from your mobile device the relevant Data Configs in your possession or control.

  1. Additional users: You must not permit any other person to use your Data Config or to exercise any of the other rights granted to You under these terms and conditions.
  2. Distance contracts: cancellation right

8.1      This Section 9 applies if and only if You offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2      You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)       beginning upon the creation of your payment plan; and

(b)       ending at the end of 14 days after the day on which the contract is entered into;

subject to Section 9.3. You do not have to give any reason for your withdrawal or cancellation.

8.3      You agree that We may begin the provision of the Data Config before the expiry of the period referred to in Section 9.2, and You acknowledge that You agree to waive the right to cancel once You begin the download of the Data Config to your device, referred to in Section 9.2.

8.4      In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, You must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, You may inform us using the cancellation option within the app. To meet the cancellation deadline, it is sufficient for You to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.5      If You cancel an order on the basis described in this Section 9, You will receive a full refund of the amount You paid to us in respect of the order.

8.6      We will refund money using the same method used to make the payment. You will not incur any fees as a result of the refund.

8.7      We will process the refund due to You as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.

  1. Warranties and representations

9.1      You warrant and represent to us that:

(a)       You are legally capable of entering into binding contracts;

(b)       You have full authority, power and capacity to agree to these terms and conditions; and

(c)       all the information that You provide to us in connection with your order is true, accurate, complete, current and non-misleading.

9.2      We warrant to You that:

(a)       We have the right to supply your Data Config to You.

9.3      All of our warranties and representations relating to Data Configs are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

  1. Limitations and exclusions of liability

10.1    Nothing in these terms and conditions will:

(a)       limit or exclude any liability for death or personal injury resulting from negligence;

(b)       limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)       limit any liabilities in any way that is not permitted under applicable law; or

(d)       exclude any liabilities that may not be excluded under applicable law,

and, if You are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2    The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)       are subject to Section 10.1; and

(b)       govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3    We will not be liable to You in respect of any losses arising out of any event or events beyond our reasonable control.

10.4    We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5    We will not be liable to You in respect of any loss or corruption of any data, database or Software, providing that if You contract with us under these terms and conditions as a consumer, this Section 10.5 shall not apply.

10.6    We will not be liable to You in respect of any special, indirect or consequential loss or damage, providing that if You contract with us under these terms and conditions as a consumer, this Section 10.6 shall not apply.

10.7    You accept that We have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, You acknowledge that We are a limited liability entity; You agree that You will not bring any claim personally against our officers or employees in respect of any losses You suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.8    Our aggregate liability to You in respect of any contract to provide Services to You under these terms and conditions shall not exceed the greater of:

(a)       Cost of an Active Subscription up to a maximum of 12 months.

  1. Variation

11.1    We may revise these terms and conditions, before these changes take effect You will be notified within the app and a link to their location on our website.

  1. Assignment

12.1    You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if You are a consumer, that such action does not serve to reduce the guarantees benefiting You under these terms and conditions.

12.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. No waivers

13.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

13.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

  1. Severability

14.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

15.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2    The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

16.1    Subject to Section 10.1, these terms and conditions, together with our End User Licence Agreement, shall constitute the entire agreement between You and us in relation to the sale and purchase of our Data Config and the use of those Data Config, and shall supersede all previous agreements between You and us in relation to the sale and purchase of our Data Config and the use of those Data Config.

  1. Law and jurisdiction

17.1    These terms and conditions shall be governed by and construed in accordance with English law.

17.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

18.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if We update these terms and conditions, the version to which You originally agreed will no longer be available on our website. We recommend that You consider saving a copy of these terms and conditions for future reference.

18.2    These terms and conditions are available in the English language only.

18.3    Our VAT number is 678-3057-05.

  1. Our details

19.1    The website is owned and operated by Rapid Prototyping Systems Ltd.

19.2    We are registered in England and Wales under registration number 3146178, and our registered office is at The Old Bakery, 55-59 Albion Rd, New Mills, High Peak SK22 3EX

19.3    Our principal place of business is at The Old Bakery, 55-59 Albion Rd, New Mills, High Peak SK22 3EX

19.4    You can contact us:

(a)       by email, using the email address published on our website.

(b)       using our website contact form.

All copyrights for external technologies referenced are the property of the appropriate companies.

  1. VR Usage

20.1 The use of our software in conjunction with a VR headset is entirely at Your own risk and RPS Software shall have no liability for injuries which occur, either through the use of our software, or caused as a result.

20.2 To enter Virtual Reality you must wear a headset, which will completely block your view of the surrounding location. It is the user’s responsibility to assess the surrounding area to make sure use of the headset is safe. RPS Software shall have no liability for injuries which occur, either through the use of our software, or caused as a result of the surrounding area.

20.3 Potential issues which may arise due to use of VR include:

20.3.1 Eye strain;

20.3.2 Dangerously high volumes in the headphones;

20.3.3 Flickering screens and flashing images;

20.3.4 Motion sickness;

20.3.5 Equipment may affect some medical devices, such as cardiac pacemakers;

20.3.6 Equipment and media content may affect those with pre-existing medical or mental health conditions;

20.3.7 May affect pregnant women adversely;

20.3.8 Claustrophobia, panic, or other phobias;

20.3.9 Objects in the real world may not be visible in the virtual world;

20.3.10 Objects in the virtual world may not exist in the real world;

20.3.11 Falling over, colliding with objects and nausea; 

20.3.12 Feelings of disorientation may be felt at the end of the experience;

20.3.13 Repeated use may exaggerate the effects above.

20.4 RPS Software shall have no liability for the issues recognised in 20.3.

20.4.1 We recommend that You do not enter VR when tired, ill, under the influence of alcohol or drugs, or feel stressed or anxious in any way, as these factors can increase your risk of potential issues.

20.4.2 Use of VR is at Your own risk, and We shall not be liable for any issues which arise should You use a VR headset with Our software under the 20.4.1 circumstances.

20.4.3 Please stop all use of the VR equipment if You feel any discomfort whatsoever.

20.5 When You use Our software with a VR headset, You are accepting the following statements:

20.5.1 I (on behalf of myself or of my child/dependent/minor) wish to use the software with a virtual reality headset. I recognize and understand that the use of a VR headset involves certain risks.

20.5.2 I (on behalf of myself or of or my child/dependent/minor) am using the VR equipment voluntarily;

20.5.3 I assume all of the physical, psychological, and financial risks associated with use of VR equipment;

20.5.4 I acknowledge that I have read and understood all of the terms of this release form and that I am voluntarily giving up substantial legal rights, including the right to sue RPS Software or its employees;

20.5.5 I am over 18 years of age, or take full responsibility for my child/dependent/minor, and have read and understood the above information and agree to the Terms and Conditions.