Last updated Monday, December 16, 2019
1. Acceptance of the Terms of Service.
Welcome to Construct.net Store! (a.k.a. "we" or "us", "store" or the "Company"). The following terms and conditions (collectively, these "Terms of Service") apply to your use of construct.net, including all subdomains, any content, functionality and services offered on or via construct.net (the "Store"). The Terms of Service also include our Privacy Policy and General Terms & Conditions, that you can review here: https://www.construct.net/privacy-policy https://www.construct.net/terms-and-conditions
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Construct.net Store, because by using the Store you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at supportfps@construct.net.
2. Changes to the Terms of Service and the Store.
Construct.net Store is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Store and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way, but since "major" is a very subjective concept we recommend you keep an eye on the "last updated" date at the top of this page which can indicate to you if there have been any changes since your last visit. Your continued use of the Store following the publishing of updated Terms of Service means that you accept and agree to the changes.
2. Purchasing Items
When you complete the electronic order form you are making a non-revocable offer to purchase, which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order. Acceptance of payment does not mean we are accepting the contract. If we refuse your order any payments made will be refunded in full.
3. Pricing
The price and availability of items in the Store are subject to change. The shopping basket is a temporary place to store a list of your items and reflects each item's most recent price.
Our prices and offerings may vary depending on your geographical location. Attempts to purchase our products and services in a region that is not your permanent address or place of business will result in a cancellation of your order. You will have the opportunity to send proof of address if our automated systems incorrectly match you to a region.
Despite our best efforts, there may be occasions where goods and/or services may be priced incorrectly. After discovery of a incorrect price, we may decline and refund those sales. We do not have an obligation to accept those offers of purchase, however reasonable discretion will be exercised to resolve such matters.
In the event that a business organisation purchases a cheaper license that it is not permitted to use (included but not limited to misrepresenting your geographical location or selecting a license not intended for business organisations) you agree to pay the difference of price for the license you should of been using for the entire period you had access to the incorrect license for, plus a 10% additional administration cost. Failure to pay within 45 days of receipt of this invoice will incurr and additional compounded 1% per day penalty for every 24 hour period the invoice is unpaid.
4. Recurring Payments
Some items in our store require recurring payments to maintain your access to the product. If you choose a product that requires recurring payments, you agree to let us bill you as per the laid out schedule for that particular purchase until you cancel. All payments charged and collected by us are non-refundable.
On rare occasions we may decide to modify the cost of your subscriptions. For example, to keep up with inflation. If we exercise this right we will contact you well in advance of any changes to warn you and give you opportunity to cancel your subscriptions.
5. Refunds
SALES ARE FINAL AND ARE NOT REFUNDABLE IN WHOLE OR IN PART REGARDLESS OF THE PAYMENT METHOD UNLESS THE SALE IS REFUSED BY SCIRRA. Scirra is bound by the sales laws of the United Kingdom.
6. Disputed Payments
If you raise a dispute for a payment, or a dispute is raised on your behalf for a payment (for example by your bank) then access to your paid-for products or services will be immediately suspended until the outcome of dispute is determined. If the outcome of a dispute is resolved in the Company's favour, you will not be entitled in part of full to a refund for the time you did not have access to the associated products or services.
7. Construct 3 Licensing
If you are an business organisation recognised by your state as a registered business organisation, you are strictly prohibited from purchasing or using Personal licenses intended for individuals and hobbyists.
Businesses that have a teacher-student relationship may purchase educational licenses. However, these licenses are only permitted for use within the teacher-student relationship or for future planning and preparation of that relationship (for example lesson planning) and are not permitted for usage anywhere else in the business organisation for other activities.
Business who either a) own a gambling license b) primary operation is relating to the gambling industry c) is classed by the state as a gambling business are NOT permitted to use any licenses we offer on our website. Instead, you must apply for a gambling license from us which carries it's own special terms and conditions and pricing schedules.
Only business where annual revenue is or is forecast/expected to be less than $50,000 USD and net assets are less than $100,000 USD are permitted to purchase the discounted Startup Business license. If you exceed either of those limits, you must purchase the Standard Business License. For avoidance of doubt, if your revenue or net assets are accounted for in different currency the equivalent USD value should be caclulated and compared to see if you are permitted to use the startup business license.
8. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION.
Your use of the Store is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Store and items purchased in the Store. Because the Store is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.