Terms and Conditions
Last Updated: 11th July 2018
We are Ikonospace BV. We are registered in the Netherlands (company registration number 70151644) at Spadinalaan 47, 1031 KB Amsterdam, The Netherlands.
To contact us, please use our contact form at http://ikonospace.com/contact.html or contact your usual representative. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
When we use the words “writing” or “written” in these terms, this includes emails.
What’s in these terms?
To help you find what you are looking for, we have divided this page into two parts which you can access by clicking on the links below. These are:
Part 2: Digital Goods & Services Terms, which apply to anything that you order from us.
Please read these terms carefully before using our Site. We reserve the right to change and update these terms from time to time. We recommend that you revisit this page regularly to keep yourself informed of the terms.
When you access and use this website or any mobile applications we have published (our “Site“), these terms apply. By using our Site, you accept and agree to comply with these terms. If you do not agree to these terms, please don’t use our Site. If you order anything via the Site, the Digital Goods & Services Terms will also apply.
- How we collect and use information about you
Where we process personal data we will do so in accordance with our Privacy Notice.
- Your access to the Site
Our Site is made available free of charge, and we therefore don’t guarantee that the Site, or any content on it, will always be available or uninterrupted. We are not liable for any unavailability. We may suspend, withdraw, or restrict the availability of all or any part of our Site, and update and change our Site for any reason.
Certain features offered may require you to open an account. You are responsible for keeping your account information and password secret, so please don’t share it with anyone. You are responsible for all activity that occurs under your account. This means you may be liable for costs or losses caused by someone else using your account.
Please tell us immediately if any use of your account was not authorised (our contact details are at the beginning of this document).
- Acceptable use of the Site
The Site contains materials which are subject to our intellectual property rights or those of others. When accessing the Site, you must only do so for lawful purposes and you must ensure that you act in accordance with the rules set out below. In particular you must not:
- upload or distribute any content that:
- is unlawful or otherwise objectionable. This includes (but is not limited to) content that is abusive, threatening, harassing, defamatory, explicit, or fraudulent, or that is intended to promote or incite violence, or impersonate other people;
- you do not have the right to publish, such as any copyright material owned by someone else;
- contains another person’s personal data;
- contains viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks, or attack our website through a denial-of-service attack, or similar;
- post links to other websites containing any of the above types of content;
- frame, scrape, or extract data from the Site, or link to any part of the Site other than as described in paragraph 6 below;
- attempt to gain unauthorised access to the Site, the server on which it is hosted or any other server, computer or database connected to the internet;
- engage in any form of commercial advertising use, or use our website for unauthorised mass-communication such as “spam” or “junk mail”;
- change any paper or digital copies of any materials sourced from the Site, or use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text;
- use any of the content on the Site for commercial purposes without our written permission;
- remove or hide or change any copyright, trade mark (whether registered or unregistered), or other proprietary rights notices from the Site or the materials made available through it.
- Content on the Site
We may, but do not have to, check any content submitted or created by you before or after you have posted it. We may remove, flag or filter anything that we do not think is appropriate without notice or giving reasons.
When accessing our website, you acknowledge that you may be exposed to content that you may find offensive which has been submitted or created by other users. If you believe that any content is in violation of these terms, you should report it to us by emailing the address given at the beginning of this document. We do not endorse, support, represent or otherwise guarantee the accuracy or reliability of any content created or posted by other users and therefore we can’t be responsible for any loss or harm it causes.
By submitting or creating any content, you allow us to use such content on a worldwide, perpetual basis, and to copy, distribute, sub-license, transmit, publicly display, publicly perform, transmit and reformat all content for any purpose.
We try to ensure that the information on the Site is current and accurate, but we don’t guarantee this. Any information on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or deciding not to take, any action on the basis of the information on the Site. If you would like to discuss any of the information on the Site, please contact us by using our contact form at http://ikonospace.com/contact.htm, or by contacting your usual representative. To the extent permitted by law, we disclaim all responsibility and liability for the accuracy or completeness of the content and information displayed on our website, and for any loss or damage arising because you’ve relied on the materials on the website.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We don’t have any control over the content of those websites or resources. You should therefore not interpret it as approval by us of those linked websites, or any information you may obtain from them. Other sites will also have their own terms—it is important that you check the terms of those other sites to ensure that you are happy to accept them before using them.
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your devices used to access the Site and we recommend that you use up-to-date virus protection software.
- Our responsibility for loss suffered through your use of the Site
These terms do not exclude or limit our liability, and we will remain liable to you, for those losses that it isn’t lawful to exclude or limit. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
We limit and exclude our liability to you as follows:
- We exclude all implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it to the full extent permitted by law.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, and whether or not contemplated by you and/or us, arising under or in connection with:
- use of, or inability to use, the Site; or
- use of, or reliance on, any content obtained through the Site.
- We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- any loss of or damage to data;
- loss of business opportunity, goodwill, or reputation; or
- any special, indirect, or consequential loss or damage.
- In the event that we are liable to you, our liability will not exceed €100 per event up to a maximum liability of €500 in aggregate.
Different limitations and exclusions of liability will apply the supply of any other product or services by us to you, the terms of which will be set out in a separate agreement between us and you (for example our Digital Goods & Services Terms where you transact with us via the Site).
- Rules about linking to the Site
You may link to the Site home page, as long as you do so in a fair and legal way and do not do so in a way which could damage our reputation or take advantage of it. You must not link to any subpages, or any password protected area of the Site, or make any direct links to files which are made available through the Site.
You must not:
- establish a link which suggests any association, approval, or endorsement on our part unless we have given you written permission;
- insert links to the Site on any other site which contains content which is illegal, infringes any rights (such as the intellectual property rights of another person), or contains any adult content; or
- establish a link to the Site on any site that is not owned by you.
We can cancel any linking permission at any time and object to any such links and require you to remove them. If you wish to link to or make any use of content on the Site other than that set out above, please contact us using our contact form at http://ikonospace.com/contact.
- Which country’s laws apply to any disputes?
These terms and our relationship with you are governed by English law. You agree that the courts of England will have exclusive jurisdiction except that, if you are a consumer, you may be legally entitled (by mandatory law) to bring proceedings in the courts of your country of residence. These terms won’t affect any mandatory consumer protections that you have in the country in which you are resident.
We may bring proceedings against you in any court anywhere in the world, particularly in circumstances where our intellectual property rights may be being infringed, or we are seeking emergency relief such as an injunction.
Digital Goods and Services Terms
These are the terms on which we supply products to you, whether these are digital goods or services. Please read these terms carefully before you submit your order to us. Further terms will apply to your use of our products where these have been made available to you.
To make a purchase through the Site, simply browse through the products featured and click to add them to your shopping cart. After you have finished shopping, click on “Checkout” and you will be asked to log in or create a personal account before providing additional details that we need to satisfy your order. Your order will be final when you click on the button marked “Confirm and Pay”. By placing an order, you are requesting that we provide the products as soon as reasonably practicable unless a specific date is agreed.
Our acceptance of your order will take place when we email you accepting it, at which time a contract will come into existence between you and us on these Digital Goods and Services Terms. Our acceptance will only relate to the products stated in the confirmation email to which access is given and not to any other products included in your order. If we do not accept your order, we will inform you of this and will not charge you for the product.
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.
There may be times when we need to suspend access to a product, for example for maintenance purposes. We may also need to make changes or updates to a product from time to time. We will try to give you notice of any suspension and any changes or updates.
LIMITED WARRANTIES: We provide our products on an ‘as is’ and ‘as available’ basis. We give no warranty except as set out at clause 9, and in particular we give no other warranty as to the functionality, operability, or availability of any product. We do not guarantee that any product will be error-free or without interruption. We exclude all implied conditions, warranties, representations, or other terms that may apply to the products to the full extent permitted by law.
Products may vary slightly from their pictures and the images of the products on the Site 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. Your product and any product packaging may vary slightly from those images.
You are responsible for any use you make of our products, including (but not limited to) ensuring that any use is compliant with all local laws and regulations.
You agree not to share images, screen captures, or other audiovisual media showing our products unless approved in writing by us.
We may change products to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements (for example to address a security threat, or implement a minor improvement to an existing function). These changes will not materially affect your use of the product or its intended use or function.
We may make more significant changes to the product from time to time, and will inform you of such changes in advance (wherever possible) via our Site or by email. If we do, you may contact us to end the contract before any such significant change takes effect and receive a pro-rata refund for any products (or period of use) paid for but not received.
When we talk about providing products, we mean making them available for download or, where the product is a service, beginning provision of the service. We will:
- provide digital goods as a download as soon as is reasonably practicable after we accept your order and your payment has been processed;
- make ongoing services pursuant to a subscription available as soon as is reasonably practicable after we accept your order and your payment has been processed, until the services are complete or the subscription expires (if applicable), or you end the contract as described in clause 7 or we end the contract with you as described in clause 8; and
- supply one-off services on the date set out in the order, or on the date we agreed with you during the order process.
If the provision of products is delayed by an event outside our control, we will contact you to let you know. We will not be liable for delays outside our control, but you may be entitled to end the contract under clause 7.
We may suspend your access to the products if you do not pay us when you are supposed to do so, or if you breach any term of the contract.
- Beta testing
We may provide you with ‘beta’ products which we are developing or launching. You acknowledge that such products may still contain errors and defects, may not be stable, and are not suitable for anything other than use in order to test the product. Any trial or beta may only be available for a short period of time and we reserve the right to withdraw any trial or beta access to a product at any time without notice to you. You agree that we may use any suggestions or feedback you give to further develop our products, or for any other reason.
We do not guarantee save files or other data entered into a product will be retained or be accessible following subsequent updates or otherwise.
- Cooling-off period for consumers
If you are a consumer you have a right to cancel our contract within certain time limits, and receive a refund, without any penalty to you. You acknowledge that this right to cancel the contract is lost when you first use your credentials to activate the service.
At any time within fourteen (14) days of us accepting your order you may, unless you’ve already used your credentials to activate the service, cancel your contract with us and obtain a refund of any amount paid for the order by contacting us at http://ikonospace.com/contact. Please provide your name, details of the order (including order number), and contact details. Your refund will be made within fourteen (14) days of your telling us you have changed your mind
- we have told you about an upcoming significant change to the product (or the terms applicable to it) which you do not agree to;
- there has been a delay in providing the product which was outside our control and which lasted for at least fourteen (14) days, as long as we have not yet provided the product at the time you tell us you wish to end the contract;
- we have suspended supply of the product (other than as a result of your default) for a period of more than twenty-eight (28) days, as long as we have not reinstated your access to the product at the time you tell us you wish to end the contract; or
- we are in material breach of our contract with you, and you have exhausted any remedies available to you under clause 9.
To end the contract with us, please use our contact form at http://ikonospace.com/contact, or contact your usual representative.
If you end the contract under (a) to (c) above, we will provide you with a pro-rata refund for any period of use paid for but not received. We will make any refunds due to you as soon as reasonably practicable.
We may end our contract with you at any time by writing to you if: (i) you do not make any payment to us when it is due, and fail to make payment within fourteen (14) days of us reminding you that payment is due; or (ii) you breach any other term of the contract.
- If there is a problem with a product
If you have any questions or complaints about the product, please contact us. Please use our contact form at http://ikonospace.com/contact, or contact your usual representative to discuss the issue.
If you are a consumer:
We are under a legal duty to supply products that are in conformity with this contract.
We warrant that on delivery any digital goods shall conform in all material respects with their description, and that services shall be provided with reasonable care and skill. If you have paid for the product, we also warrant that it shall be of satisfactory quality and fit for the purposes described in its description. If you tell us that a product does not comply with this warranty, we shall use our reasonable endeavours to correct the defect. If we are unable to do so within a reasonable time, we may either agree an appropriate pro-rata refund (which we will provide within fourteen (14) days of agreeing it), or you may decide to stop using the defective product in which case we will give you a full refund. Except as prohibited by mandatory law, this represents your sole remedy and our sole liability for breach of this warranty.
We will not be liable for a product’s failure to comply with the warranty above if: (i) the defect arises because you failed to follow our instructions as to the storage, installation, commissioning, use or maintenance of the product; (ii) the defect arises as a result of us following any drawing, design or specification supplied by you; or (iii) you alter or repair the product without our written consent.
We warrant that on delivery any digital goods shall conform in all material respects with their description, and that services shall be provided with reasonable care and skill. If you tell us within thirty (30) days that a product does not comply with this warranty, we shall use our reasonable endeavours to correct the defect. If we are unable to do so, we may either agree a pro-rata refund, or you may decide to stop using the defective product in which case we will give you a full refund. Except as prohibited by mandatory law, this represents your sole remedy and our sole liability for breach of this warranty.
We will not be liable for a product’s failure to comply with the warranty above if: (i) the defect arises because you failed to follow our instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; (ii) the defect arises as a result of us following any drawing, design or specification supplied by you; or (iii) you alter or repair the product without our written consent.
- Price and payment
The price of products (and any delivery charges where applicable) will be as quoted on our Site from time to time. Prices displayed do not include VAT or other applicable taxes or levies, except where specified. It is possible that, despite our efforts, some of the products we sell may be incorrectly priced. If the correct price at your order date is higher than the price listed, we will at our discretion either: (i) honour the lower price listed; or (ii) contact you for your instructions before we accept your order at the correct price. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums you have paid for the mispriced product and require you to stop using the product.
We are entitled to change our prices for products from time to time. Where these apply to a product that is part of a subscription you’ve ordered, we will tell you of the increase and the change will only apply from the next renewal. You are entitled to cancel the renewal before the change takes place.
We accept payment on the Site through our payment processor which accepts most major credit and debit cards. For digital content and subscription services, you must pay for the products before you download or access them. For other services, we will agree with you before you place your order whether we will invoice you in arrears or if you must pay in advance. All payments are due within fourteen (14) days of the date of the invoice. We will not charge your credit or debit card until we provide the products to you.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
These terms shall 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 or the negligence of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.
If we fail to comply with these terms, we may be 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, but we are not responsible for any loss or damage that was not foreseeable (except as required by mandatory law). Loss or damage is ‘foreseeable’ for these purposes if it was obvious at the time of the contract that it would happen as a result of our default.
If you are a consumer we will either repair the damage or pay you compensation 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. 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.
We shall have no liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, sales, business, revenue, or anticipated savings, business interruption, loss of business opportunity, loss of or damage to reputation or goodwill, or loss or corruption of data or information. We shall have no liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss.
Our maximum aggregate liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to the greater of: (i) €500 or (ii) a sum equal to 100% of the fees paid by you in consideration of the provision of the products in the year preceding the cause of action arising.
We will only use your personal information as set out in our Privacy Notice.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we do this. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or agree any changes to these terms.
These terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement in this agreement.
If a court finds part of this contract illegal, the rest will continue in force. Each of the 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.
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. For example, if you miss a payment and we do not remind you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms and our relationship with you are governed by English law. You agree that the courts of England will have exclusive jurisdiction except that, if you are a consumer, you may be legally entitled (by mandatory law) to bring proceedings in the courts of your country of residence. These terms won’t affect any mandatory consumer protections that you have in the country in which you are resident. We may bring proceedings against you in any court anywhere in the world, particularly in circumstances where our intellectual property rights may be being infringed, or we are seeking emergency relief such as an injunction.