Terms and Conditions

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Revision as of 17:54, 26 April 2021 by James (talk | contribs) (→‎Licensed Use: Web Content and Downloads: Added license terms for paid downloads.)
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Licensed Use: Web Content and Downloads

Web Content available via lo-tech.co.uk is provided for non-commercial use with the license as set out as follows.

Owner
The lo-tech and lo-tech.co.uk brands are trading names of Peacon Ltd. The use of the Lo-tech and Lo-tech.co.uk brands are restricted by Copyright.
Restriction Of Use
Lo-tech.co.uk designs (both hardware and software) are intended to provide interesting insight into electronics and the workings of computers. They are not fault tolerant and are not designed or intended for use in control equipment in hazardous environments requiring fail-safe performance, such as industrial machinery, in which the failure of such components could lead to death or personal injury. Product-specific and general Warnings should be observed.
Commercial Use Limitation
Where Lo-tech.co.uk designs (both hardware and software) are provided in source-code format (i.e. 'Open Source'), this material is provided for the benefit of the hobbyist end-user, and must not be used in a way that competes with products or services provided via Lo-tech.co.uk. Circuit schematics, whether provided in a CAD software native format or as an image file, are considered to be Open Source in this context. Copyrights should also be observed.
Indemnity
The user will indemnify and hold Peacon Ltd and its related companies harmless for, from and against, any claims or liabilities, including without limitation product liability claims, arising out of the use, reproduction or distribution of Software, Hardware, Documentation, and parts thereof.
Limited Warranty and Limited Liability
Where software, hardware, or documentation is provided free of charge, it is provided “as is” without warranty of any kind, either express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Peacon Ltd disclaims all responsibility for the accuracy or reliability of the software, hardware, and documentation and does not warrant they will meet licensee’s requirements, be uninterrupted or error-free, or that any defects in the software will be corrected. The entire risk arising out of use or performance of the software, hardware, and documentation provided under this agreement is assumed by the user. In no event shall Peacon Ltd (or its related companies) be liable for any incidental, special, indirect or consequential damages, lost profits or lost data, cost of procurement of substitute goods, technology or services, any claims by third parties (including but not limited to any defense thereof), any claims for indemnity or contribution, or other similar costs, whether asserted on the basis of contract, tort (including negligence), breach of warranty, or otherwise. In any event, Peacon Ltd's liability under this agreement and for the software, hardware, and documentation is limited to the amount licensee paid to Peacon Ltd for the software, hardware, and/or documentation.

Online Sales

The Terms and Conditions applied to online sales made via Lo-tech.co.uk are as follows.

Physical Items

  1. In this document the following words shall have the following meanings:
    1. “The Purchaser” means the legal entity who buys The Goods and whose details are registered with PayPal.
    2. “The Goods” means the articles listed in the order received by The Seller from PayPal for which physical order fulfillment is provided.
    3. “The Seller” and means Peacon Ltd.
  2. The order and these Terms and Conditions shall apply to The Goods only to the exclusion of all other terms and no variation to it can apply unless such variation is agreed in writing by The Seller. The Seller shall not be bound by any oral condition, warranty, guarantee or representation given or made unless the same is in writing, nor by any implied condition. All implied conditions and warranties whether as to quality, fitness or purpose or otherwise and whether arising by implication of law or to be implied from circumstances are hereby expressly excluded. The order shall not be binding upon The Seller unless or until specifically accepted by The Seller.
  3. All amounts are listed as and payable in UK pounds sterling. Payment is due at the time of order.
  4. Title to and property in The Goods shall not pass to The Purchaser until The Seller has been paid in full for The Goods.
  5. The Purchaser has certain rights in UK Law, including the right to return The Goods.
    1. Some products, such as unpopulated PCBs, are components and not complete products, and as such these can only be returned where in their original, as-shipped condition.
    2. Some products can be customised as part of the order process, and these goods are considered tailor-made or personalised for the purposes of the Consumer Contracts Regulations and acceptance of the order by The Seller is therefore final. As such The Purchaser will accept The Goods without any right to return The Goods except to the extent permitted by The Purchaser’s statutory rights or as provided for herein.
    3. The Purchaser must notify The Seller in writing by email of any intention to return goods for any reason.
    4. Except where returns are made due to breach of warranty (as defined below):
      1. The Purchaser is responsible for return postage costs; and
      2. The Purchaser assumes all responsibility for and hereby indemnifies The Seller against all import duties, taxes, customs fees, and all other third party charges arising.
  6. The Purchaser assumes all responsibility for any compliance related issues in the use of or performance of or decommissioning of The Goods, such as (but not limited to) electromagnetic radiation and environmental disposal costs.
  7. The Purchaser warrants to the Seller that:
    1. They agree to be bound by these Terms and Conditions and;
    2. The Goods will not be used, either directly or via any third party to which they are knowingly re-sold, in any way that could change the classification of The Goods in the context of the UK Strategic Export Control Lists (including but not limited to the Dual-Use Lists);
    3. The Goods will not be shipped onto any Country or location to which the sale would have been restricted due to trade embargo or similar restrictions; and
  8. The Seller provides the following as sole and exclusive warranty with The Goods:
    1. The Goods will be, on arrival, as described and function as described in documentation made available to the Purchaser prior to order;
    2. Product specific warranties as stated in the Compliance information for the particular product or product class at time of order;
    3. Any defects under these warranties must be notified in writing with 30 days of receipt.
  9. The Seller does not accept waste electrical items and is not a registered waste carrier, and as such cannot accept the return of waste electrical items (WEEE). The Seller fulfils its legal WEEE requirements, when arising due to the provision of in-scope products, by financially supporting the national network of WEEE recycling centres established by local authorities, achieved through membership of the national Distributor Take-back scheme (DTS).
  10. Time of dispatch and/or delivery of the Goods shall not be deemed to be of the essence of the contract. The Seller shall endeavour to meet the dispatch and/or delivery estimates quoted to the Purchaser. The Seller does not guarantee such dates. The Seller shall not be liable for any claims or liabilities arising out of late delivery of The Goods.
  11. Risk in The Goods shall pass on delivery but The Seller shall not be liable in respect of any damage to or loss of The Goods in transit and The Purchaser assumes all responsibility for and hereby indemnifies The Seller against all import duties, taxes, customs fees, and all other third party charges arising on the delivery of The Goods, and thereafter in relation to those Goods.
  12. Any claims for damage in transit shall be notified to The Seller by The Purchaser within 30 days of receipt and settled by way of refund to The Purchaser of the unit price paid for each item affected, upon receipt by The Seller of such affected items.
  13. The Purchaser shall indemnify The Seller and its related companies against any claims, loss, damage or other liability or expense incurred (including legal costs on a full indemnity basis) arising directly or indirectly out of the state, condition or use of The Goods, or in any way arising out of having entered into this Agreement, including without limitation product liability claims, or claims arising out of the use, reproduction or distribution of products and any associated software, hardware, documentation, and parts thereof (except in the case of death or personal injury caused by the Seller’s negligence).
  14. The Goods are not fault tolerant and are not designed, manufactured, or intended for use in control equipment in hazardous environments requiring fail-safe performance, such as industrial machinery, in which the failure of such components could lead to death or personal injury.
  15. The general and product specific Warnings provided must be observed both in the initial deployment and throughout the lifecycle of The Goods.
  16. Except in the case of death or personal injury caused by The Seller’s negligence, The Seller is not liable for any loss, injury or damage (including consequential or financial loss), due to any defect in The Goods.
  17. Except in the case of death or personal injury caused by The Seller’s negligence, under no circumstances will The Seller’s liability exceed the total of payments received by The Seller.
  18. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable, in whole or in part for any reason by any Court, such part shall be deemed not to form part of the Terms and Conditions but the legality, validity or enforceability of the remainder of the Terms and Conditions shall not be affected.
  19. This sale of The Goods is considered to be executed in the United Kingdom and this Agreement shall be governed by and construed in accordance with the laws of England. Any dispute will be subject to the jurisdiction of the English Courts.

Downloads

  1. In this document the following words shall have the following meanings:
    1. “The Licensee” means the legal entity who buys a License to use The Downloads and whose details are registered with PayPal.
    2. "The Downloads" means the articles listed in the order received by The Seller from PayPal for which digital order fulfillment is provided.
    3. "The Licensor" means Peacon Ltd.
  2. These license terms are an agreement between you and Peacon Ltd (or one of its affiliates). They apply to any items purchased with digital delivery through lo-tech.co.uk. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY ACCESSING THE DOWNLOADS, YOU ACCEPT THESE TERMS.
  3. USE RIGHTS. The Licensee grants The Licensor with continuous, non-expiring rights to use The Downloads for non-commercial purposes.
  4. DATA COLLECTION. The Downloads may contain unique identifiers that tie The Download to The Licensee via the sales order records.
  5. SCOPE OF LICENSE. The Downloads are licensed, not sold. Peacon Ltd reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
    1. Work around any technical limitations that allow use only in certain ways;
    2. Remove, minimize, block, or modify any notices or logos of Peacon Ltd, Lo-tech, Lo-tech.co.uk, or its suppliers;
    3. Use The Downloads in any way that is against the law or to create or propagate malware; or
    4. Share, publish, distribute, or lend The Downloads (except for any distributable code included therein), provide access to The Downloads for others to use, or transfer The Downloads or this agreement to any third party.
  6. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to The Downloads, which include restrictions on destinations, end users, and end use.
  7. SUPPORT SERVICES. Peacon Ltd is not obligated under this agreement to provide any support services for The Downloads. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
  8. As access to The Downloads is provided by email on receipt of payment. By accessing The Downloads, The Licensee consents to waiving of rights to the 14-day cooling-off period defined in the Distance Selling Regulations.
  9. There is no right to return or refund except to the extent permitted by The Licensees statutory rights or as provided for herein.
  10. This sale of License for the use of The Downloads is considered to be executed in the United Kingdom and this Agreement shall be governed by and construed in accordance with the laws of England. Any dispute will be subject to the jurisdiction of the English Courts.
  11. The order shall not be binding upon The Seller unless or until specifically accepted by The Seller.
  12. All amounts are listed as and payable in UK pounds sterling. Payment is due at the time of order.
  13. Access to The Downloads will be provided by email within 72 hours of order and shall expire 72 hours after access has been granted.
  14. The general and product specific Warnings provided must be observed in the use of The Downloads.
  15. ENTIRE AGREEMENT. This agreement, and any other terms Peacon Ltd may provide for supplements, updates, or third-party components, is the entire agreement for The Downloads.
  16. DISCLAIMER OF WARRANTY. THE DOWNLOADS ARE LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. PEACON LTD GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, PEACON LTD EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  17. LIMITATION ON AND EXCLUSION OF DAMAGES:
    1. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM PEACON LTD ONLY DIRECT DAMAGES UP TO GBP £5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
    2. This limitation applies to (a) anything related to The Downloads; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
    3. It also applies even if Peacon Ltd knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.

See Also

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