“We”, “us” and “our” means SM IT Services, Coventry, UK.
Pollypot Software is a brand name of SM IT Services.
“You”, “your” means the purchaser of a product from us.
Price and Payment
We currently accept PayPal and Stripe. Both of these payment providers accept all major credit cards. If you do not have a PayPal account you can still pay via PayPal by choosing to pay via a credit card once the PayPal screen appears.
Prices can change at any time but it will not affect placed orders.
Prices do not include Taxes (VAT) where applicable. Only EU counties (excluding the UK) will pay Taxes (VAT).
Additional VAT payable can be estimated in the cart. Additional VAT will be included in the Checkout price before placing your order.
If you reside in the EU (excluding the UK), the VAT rate of your countries billing address will be included in the price. EU residents must provide a billing address to prove their residency.
VAT invoices are available by logging into this site and selecting “My Profile” under “My Account”.
All digital download products are non-refundable.
All digital download products are made available to you once an order has been placed and payment received. A download link will be made available for every digital download product purchased. The download links can be accessed by logging into this site and selecting “My Profile” under “My Account”.
You will be responsible for downloading the software from us using your internet link and hardware.
Digital download products can be downloaded for a maximum of 5 times. New versions of digital download products will reset the download count back to 5.
Delivery is subject to the availability of our website.
If product defects are identified by us or you, we will make reasonable efforts to attempt to rectify the defect. No explicit timeframe or defect resolution is implied or should be inferred.
The support forum at www.pollypotsoftware.org.uk must be used to log a defect with us.
Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Data Protection, Security & GDPR Compliance
All use of your personal information will be made in accordance to our Privacy & Securty Policy.
Law and jurisdiction
All digital download products purchased through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Digital download products are subject to the following End User License Agreement (EULA):
By placing an order with us you accept all the terms in this EULA.
During the installation of the product the EULA must be accepted but it may offer you less restrictions. Please read it carefully!
We grant you a personal, non-transferable, non sub licensable, non-exclusive, royalty free limited license to download and install a single copy of the product.
First use of the product will require you to register the product by entering a unique user key. The user key can be found by logging into this site and selecting “My Profile” under “My Account”.
A valid user key generates a licence file restricting the installed software to the PC it’s installed upon.
If your unique user key is disclosed to 3rd parties, the license granted to you under this EULA will be terminated.
The product is for private individual use only and must not be used by commercial organisations.
The product must only be installed and used on PC’s owned by you.
The product must be installed on only 1 of your PC’s concurrently.
You may not rent, loan, lease, sell on, sub-license, modify or share this product or anything produced by the product.
You may not attempt to decompile, disassemble, reverse-engineer, determine any source code, algorithms, methods or techniques used or embodied in the product.
All RIGHTS RESERVED
We retain title to and ownership of, and all other rights with respect to, the product, including without limitation, any related copyrights, trademarks, trade secrets, patents and their intellectual property rights. You have only the limited license granted with respect to the product expressly set forth in this agreement. You acknowledge and agree that the product is licensed, not sold and that rights to use the product are acquired only under the license from us.
The product is furnished on an “as is” basis, and we disclaim all warranties, express or implied, including without limitation, warranties of non-infringement of 3rd party rights, or of merchant-ability or fitness for a particular purpose, and any warranties arising by statute or otherwise in law, or from a course of dealing or usage of trade. We specifically do no warrant that the product will meet your requirements; will operate in all the combinations which may be selected for use by you. That the operation of the product will be error-free or uninterrupted, accurate, reliable, or complete; or that all errors or defects in the product will be corrected. We shall not be liable for any damages whatsoever arising from or relating to your use or inability to use the product. You use the product at your own risk. We are under no obligation to provide maintenance, support or upgrades for the Product under this agreement.
LIMITATION OF LIABILITY
Under no circumstance will we be liable to you for any indirect, incidental, consequential, special or exemplary damages, use, revenue, or data arising out of or in connection with use of the product, whether or not we have been advised of the possibility of such damages. In addition, the liability of us arising out of or relating to the product will not exceed the amount paid or payable by you (if any) for such product.
The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of this license. Upon termination of this license, you shall cease all use of the Product and destroy all copies, full or partial of the Product.
If you breach this EULA, or your unique user key is disclosed to 3rd parties we reserve the right to:
- Ban the user key concerned disabling the ability for you or others using your user key to register the product ever again.
- Seek financial recompense/damages from you.
If any part of this agreement is held illegal, invalid or unenforceable in whole or part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid or unenforceable to the extent of its illegality, invalidity or unenforceability and will be deemed modified to the extent necessary to confirm to applicable law so as to give the maximum effect to the intent of this agreement.