Terms & Conditions

1. Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

2. Interpretation

In these terms of sale, “we” means Touch Panel Control Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

3. Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must confirm your order and your consent to these terms of sale; (iv) you will be transferred to the PayPal or Google Checkout website, and PayPal or Google Checkout will handle your payment; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”]

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the items placed in your shopping cart. You may correct those input errors before placing your order by deleting items from your cart which you do not wish to purchase.

4. The products

Our products are either desktop or mobile software applications.

5. Price and payment

Prices for products are quoted on our website. The website contains a number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by PayPal, Google Checkout, OR any method detailed on the website from time to time.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

6. Product warranties

Except as expressly provided otherwise in an agreement between you and Touch Panel Control Ltd, all information and software on this web site are provided “AS IS” without warranty, guarantee or conditions of any kind, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.

Touch Panel Control Ltd assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this website.

In no event shall Touch Panel Control Ltd be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement goods, (3) loss of use, data or profits (4) delays or business interruptions, (5) and any theory of liability, arising out of or in connection with the use or performance of information) whether or not Touch Panel Control Ltd has been advised of the possibility of such damages.

7. Returns, refunds and replacements

Returns, refunds or replacements are entirely at managements discretion. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

8. Your warranties

You warrant to us that:

• you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
• the information provided in your order is accurate and complete; and
• you will be able to download the products.

9. Your indemnity

You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

10. Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if:

• you fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;
• you cease to trade;
• you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
• a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
• the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
• any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

11. Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [10]:

• we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
• you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
• all the other provisions of these terms of sale will cease to have effect, except that Sections [7 to 13 and 15] will survive termination and have effect indefinitely.

12. Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

13. General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of [our privacy policy];

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [13]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

14. About us

Our full name is Touch Panel Control Ltd.

Our registered address is:

Touch Panel Control Ltd
Castle Gate,
Castle Street,
Hertford,
Herts SG14 1HD,
United Kingdom

Level 8, 97 Creek Street,
Brisbane,
QLD 4000,
Australia

Our company registration number is 07021605.

Our email address is sales@touchpanelcontrol.com.