Welcome to the McCarthy Taylor Systems Ltd website terms and conditions for use. These terms and conditions apply to the use of this website at www.dtmsoftware.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.dtmsoftware.com website is operated by: McCarthy Taylor Systems Ltd, a company registered in England and Wales, whose registered office is at Aerial View, Acorn House, Shab Hill, Birdlip, Gloucester, Gloucestershire, United Kingdom, GL4 8JX. Our company registration number is 2339960. Our VAT registration number is GB 490 5915 25 We are a member of the following trade associations/professional bodies: The Forum of Private Business
Our contact details are as follows:
General email: email@example.com
Telephone number: 01452 864244
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Discounts shown at 'Checkout' will only be available for purchases which are paid for at that time with a credit or debit card or, in the case of purchases which are made with a 'Purchase Order', the subsequent invoice is paid within 30 days from the date on which the order was placed on our website.
3.1 If ordering software which requires us to ship a USB dongle, there may be delivery charges added at the checkout, depending on your delivery address.
3.2 At the time of writing we offer free delivery within mainland UK, though this is via a Royal Mail untracked (Signed-for at delivery) service which may take between 1 and seven working days.
3.3 For an additional charge, UK customers may select Royal Mail Special Delivery which, at the time of writing, and depending on the delivery postcode, may offer next working day delivery by 1:00pm, with the following exceptions...
Next working day by 5:30pm AB30-AB39, AB41-AB45, AB51-AB56, HS1, HS3-HS9, IV21-IV28, IV40-IV49, IV51-IV56, KA27, KA28, KW1-KW3, KW5-KW15, PA20 0, PA20 9, PA28-PA38, PA41-PA49, PA76, PA77, PH15, PH17-PH26, PH31-PH40, PH49, PH50, ZE1, HS2, PA60-PA75, PA78, ZE2, ZE3, KW16, KW17, PH30, PH31-PH44
Up to 2 working days by 5:30pm HS2, PA60-PA75, PA78, ZE2, ZE3
Up to 3 working days by 5:30pm KW16, KW17, PH30, PH31-PH44
3.4 Unfortunately, we are unable to guarantee these delivery times ourselves as they rely on a number of factors, including disruption due to weather, problems with the Royal Mail delivery network or inability of the Post Office branch to accept our package
3.5 If your order is received after 3:00pm Mon-Fri, or on Saturday, Sunday, Bank Holiday, or the period between Christmas and New Year, the package will not be despatched until the following working day.
3.6 If the delivery address is outside of the UK then a courier charge will be applicable. At time of writing we use FedEx for all overseas deliveries. Their services are all tracked, but there is no guarantee of delivery timescales and it is the customer’s own responsibility to liaise with the courier if they require duties to be paid before releasing the package.
4.1 All prices shown on this site are exclusive of VAT (where applicable). Where applicable it will be shown in the shopping basket and itemised separately and included in the final price.
4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
4.3 Our prices are reviewed periodically, but will not change once an order has been placed, paid for and accepted by us.
5.1 If you wish to cancel your order: (a) you can notify us by email to firstname.lastname@example.org before we have dispatched the goods to you; or (b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 5.2 below.
5.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
5.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
5.4 The rights to return the goods to us as referred to in clause 5.3 will not apply in the following circumstances: - in the event that the product has been used in the case of software, audio or visual products, where the packaging has been unsealed.
The provisions of clause 5.4 do not affect your statutory rights.
6.1 Places on training days are confirmed by e-mail on authorisation of your payment. Orders received after 4pm Monday to Friday or at weekends will be processed the following working day. Once we have accepted your booking you have entered into a contract with us.
6.2 Places on LSS courses are limited so we therefore operate a cancellation policy regarding refund or transfer of course fees.
6.3 After we have confirmed your place on the course any cancellation by you will incur a cancellation charge as follows. For bookings cancelled two or more weeks before a course is due to start, 85 per cent of course fees paid will be refunded or transferred to another course. No refund will be made for bookings cancelled less than two weeks before the event, except in exceptional circumstances and then only at the discretion of the Training Manager, we will consider transferring the course fee to another course, less an administration fee of 20 per cent, or £50, whichever is greater.
6.4 No refund will be made for non-attendance on the course.
6.5 In the event of cancellation of a training event by McCarthy Taylor, we will endeavour to inform all participants two weeks before the course is due to take place, although please be aware that this is not always possible. All course fees paid will be reimbursed in full, but we are unable to reimburse any other costs that may have been incurred, including flights, accommodation etc.
6.6 Where dates or venues are varied by McCarthy Taylor, course participants may request a full refund if the new dates are not convenient.
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis: (a) no documents or related graphics on this Website are modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9.2 You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the McCarthy Taylor Systems Ltd or LSS logos; (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that we are endorsing any products or services other than our own; (d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use any McCarthy Taylor Systems Ltd trade marks displayed on this Website without our express written permission; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.
11.1 To register with www.dtmsoftware.com you must be eighteen years of age or older.
11.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.