The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Mindscape Limited, in which case the separate agreement shall govern).
The contract is formed only when the goods are dispatched by the seller.
Where the buyer is acquiring the product for the purpose of business then the New Zealand Consumer Guarantees Act 1993 shall not apply.
In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the New Zealand Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer's rights under the Act.
Software is delivered electronically and is available for immediate download from this website following successful purchase.
To obtain a refund on a software product license that was delivered to you online, you must adhere to the following guidelines. If you have any questions about this refund policy, please contact email@example.com.
After purchase, Mindscape software is covered by a limited 30-day money-back guarantee. Requests for the refund of the purchase of a software license must adhere to the following conditions:
If you have not yet downloaded the software and wish to cancel your transaction please contact firstname.lastname@example.org quoting your receipt number.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.