Damaged Products
Your products will be suitably packaged before being mailed out. However, if your goods arrive damaged you will be immediately sent a replacement product. We do ask that you return the damaged item in the prepaid envelope we will enclose with the replacement.
Lost Products
If a product is lost before delivery (in the post) or during the download process, then please inform us and we will arrange a free replacement. An item is deemed lost in the post if it has not arrived within 7-10 working days after placing an order. Once delivered, the product is your responsibility to keep safe. There is no recurring licence fee for any of our products and for this reason lost or stolen products will not be replaced free of charge. We suggest that a back-up copy is made of downloads and multi user versions but the copy protection of the single user versions prevents a back-up copy being made.
Returns Policy
You have the right to cancel any order that you have placed with us for any reason whatsoever until 7 working days after the date on which the product has been delivered to you. Please send the goods with a copy of your invoice and a short note explaining why you wish to return the product. Distance selling regulations allow us to request that consumers return any unwanted goods at their own cost. If they do not do so, a deduction will be made from the refund to cover the cost of collecting the goods. Goods returned that are not faulty but simply deemed unsuitable or incorrect must be new, unused and in the original packaging to warrant a refund. Schools who have ordered an inspection copy must return the product at their own expense.
Faulty Products
A 90 day exchange guarantee is given on all items that are faulty. You will be immediately sent a replacement product. Please return the damaged item in the prepaid envelope we enclose with the replacement.
Refunds
Refunds will be made, in full, within 30 days of cancellation and after the unwanted item has been returned.
Delivery
We endeavour to ship your order the same working day. Deliveries to UK and Europe are dispatched by first class national postal service. UK orders will usually arrive the next working day if made before 16:00hrs (4pm) GMT. Orders to Europe should arrive within 3-5 days. Orders outside Europe will be sent by airmail using international recorded delivery and must be signed for upon receipt. Where the item cannot be delivered or is returned due to the supply of an incorrect delivery address then an additional charge will be made to cover the cost of the second dispatch. Orders of 1 or 2 CDs will usually fit through a standard sized letterbox.
Technical Support
Where we are notified of significant technical errors during the Warranty Period we will attempt to correct the problem by offering technical solutions and, where these are unsuccessful, may offer an alternative version of the software. Please visit www.nessy.com and click the Help Centre (ambulance) icon to find common solutions to technical problems. For telephone support please call 0117 923 9777 between the hours of 9.30am and 4:30pm Monday to Friday (except UK bank holidays). For email support please contact help@nessy.co.uk. If these problems are still unresolved within a reasonable time we will provide a refund against return of the Software and its documentation. Calls are charged at a standard rate. Discontinued products or those over 7 years old are not supported.
Single User Licence
Single user licences which are supplied as a CD, must be kept in the CD-ROM drive to access the program. The program can be installed on as many computers as required but can only be accessed by a single computer at a time. The single-user version is not designed to work on a network and is incompatible with RM CC3 networks. The copy protection prevents a back-up being made.
Multi User Licence
All multi-user and network licenses are restricted to one licensed site. There is no requirement for the CD to be in the CD-ROM drive. A single back up copy can be made.
Data loss or hardware damage allegedly caused by our software
All our products undergo extensive testing, however Net Educational Systems Ltd. do not warrant that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner’s negligence or breach of this Agreement) including any form of lost profits or consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall not be liable for any failure by the Software to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner’s liability exceed the amount paid by you for the Software.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Net Educational Systems Limited, trading as Nessy. The collective work includes works that are licensed to Net Educational Systems Limited. Copyright 2008, Net Educational Systems Limited ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Net Educational Systems Limited or purchasing Net Educational Systems Limited products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Net Educational Systems Limited or to purchase Net Educational Systems Limited products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Net Educational Systems Limited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Net Educational Systems Limited used in the site are trademarks or registered trademarks of Net Educational Systems Limited, trading as Nessy.
Product Warranty (for full details see the end user licence)
Once a product has been purchased and the licence agreement accepted, the warranty period lasts a period of 90 days after the date of the original purchase invoice issued with the product. If a defect in the CD ROM occurs during the Warranty Period it may be returned with proof of purchase and, where possible, a documented example of the defect or error. In such an instance we will replace the CD ROM free of charge. Nessy warrants that the Software will perform substantially in accordance with its accompanying documentation, provided that the Software is properly used on the computer and with the operating system for which it was designed. Your computer must meet the minimum specifications of the product for the warranty to be valid. Lost or stolen CDs will not be replaced.
Warranty Disclaimer
This site and the materials and products displayed on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Net Educational Systems Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Net Educational Systems Limited does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Net Educational Systems Limited does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some nation states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Net Educational Systems Limited shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Net Educational Systems Limited has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Net Educational Systems Limited product is mistakenly listed at an incorrect price, Net Educational Systems Limited reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Net Educational Systems Limited reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Net Educational Systems Limited shall issue a credit to your credit card account in the amount of the incorrect
Data loss or hardware damage allegedly caused by our software
All our products undergo extensive testing, however Net Educational Systems Ltd. do not warrant that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner’s negligence or breach of this Agreement) including any form of lost profits or consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall not be liable for any failure by the Software to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner’s liability exceed the amount paid by you for the Software.
Privacy/data protection
Net Educational Systems Ltd will not sell, rent, or trade any of your personal information to third parties for marketing purposes. We ask you to provide your email address and telephone number solely to assist in coordinating and confirming your delivery. From time to time Net Educational Systems may email you with the latest product information, updates and patches, but we will not do this if you prefer.
Security
At Net Educational Systems Ltd we take your security very seriously and make your shopping as safe as possible. Net Educational Systems Ltd does not process or retain your credit card details. When you checkout and pay for your products you temporarily leave our website and are transferred to online ordering services powered by Secure Trading. Their security system takes over in secure mode which means all of your details are encrypted to help keep them secure and private as they are transmitted. Encryption creates billions of code combinations to protect each transaction made on our site, so your card details cannot be viewed by anyone else using the Internet. Secure Trading is a well known payment collection company used by major international businesses and offers a high level of security to the user. When payment is complete you are returned to our website. No credit or debit card details are stored once your order has been processed. EU law protects you against fraudulent use of your payment card in Internet transactions; credit cards give you extra protection.
Governing law and jurisdiction
All Nessy terms and conditions shall be governed and construed in accordance with the laws of England and Wales.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Net Educational Systems Limited without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Net Educational Systems Limited may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Net Educational Systems Limited.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Net Educational Systems Limited products) shall be in the courts located in the United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Net Educational Systems Limited products) must be commenced within one (1) year after the claim or cause of action arises. Net Educational Systems Limited's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Net Educational Systems Limited may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Net Educational Systems Limited or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Net Educational Systems Limited does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Net Educational Systems Limited is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Net Educational Systems Limited reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Net Educational Systems Limited in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Net Educational Systems Limited, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Net Educational Systems Limited may link to sites operated by third parties. However, even if the third party is affiliated with Net Educational Systems Limited, Net Educational Systems Limited has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Net Educational Systems Limited. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Net Educational Systems Limited seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
