This agreement is intended to cover any and all Software provided by clearFusionCMS and received by the Customer. This agreement contains the entire understanding between clearFusionCMS and the Customer with respect to the Software described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between clearFusionCMS and the Customer. The Customer acknowledges and agrees that its entire right relating to clearFusionCMS Software are as set forth in this agreement.
The completion and submission of the order form signifies your acceptance of these terms and conditions and that you are making an offer to purchase the software which, if accepted by us, will result in a binding contract. You will receive an e-mail once your order has been approved and completed. No contract exists between you and clearFusionCMS until you have received this final approval e-mail.
In order to purchase the software, if you don't already have an account with clearFusionCMS, you will be asked to register for an account. In order to register for an account you will need to provide the following, a current and working email address that you are legally entitled to use, a user name and a password.
You are entirely responsible for any and all activities that occur under your account and you agree to accept responsibility for all activities that occur under your account or password. You must not divulge your Account or passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. If your Account or password is discovered by any other person you must inform clearFusionCMS as soon as you are aware of the discovery.
You agree clearFusionCMS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However if another party or person uses your account or password, with or without your permission, you could be held liable for any losses incurred by clearFusionCMS.
clearFusionCMS reserves the right cancel orders and terminate accounts at their sole discretion.
Under Distance Selling Regulations purchases of electronic software products have no right to cancellation.
Where a trial version of the software is made available by clearFusionCMS, you are advised to check that it is fit for your particular application. NO REFUND WILL BE GIVEN if you purchase the software.
Where there is no trial version of the software clearFusionCMS offer a 7-day money back guarantee.
No refunds will be given for product upgrades.
Use of a software product is governed by a separate product licence that is specific to each product.
All products will be delivered electronically on acceptance of the order by clearFusionCMS.
Non-exclusive worldwide reseller rights may be appointed to the customer by clearFusionCMS, if such rights are granted then:
clearFusionCMS reserves the right to terminate any reseller account at any time for any reason without prior written notice.
Appointment of reseller accounts is at the sole discretion of clearFusionCMS and clearFusionCMS reserves the unconditional right to refuse reseller status to any customer for any reason.
Customer acknowledges and agrees neither clearFusionCMS nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, clearFusionCMS or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of clearFusionCMS, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount paid or payable by Customer to clearFusionCMS for the software.
Customer will indemnify and save harmless clearFusionCMS and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against clearFusionCMS or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
Whilst every effort will be made to meet your requirements clearFusionCMS shall not be liable for any breach of obligation resulting from causes beyond our reasonable control; including, but not limited to, fires, strikes (of its own or other employees) insurrection or riots, embargoes, wars, compliance with laws or regulations, delays in transportation, inability to obtain supplies, acts of God, acts of civil or military authority (an 'Event of Force Majeure').
This Agreement is governed by and construed in accordance with Western Australian law, and the parties hereto agree to submit to the non-exclusive jurisdiction of the West Australian courts.
If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be unlawful, invalid or unenforceable in whole or in part then the illegality, invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or unenforceability shall remain in force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objective of the invalid or unenforceable provision.
From time to time clearFusionCMS may send communications via email, or other contact method, that are related to your account e.g. maintenance notifications or new releases, the Customer agrees to accept such communications.
We reserve the right to make changes to these terms and conditions at any time. Please check back from time to time to ensure that you are aware of these changes.
Any questions relating to these terms and conditions may be sent through our contact page.
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