Terms of Service

In General

These terms and conditions, along with the privacy policy set out how thedropletapp.com (‘Droplet’) conducts business with you in relation to www.thedropletapp.com (the “Website”).
The terms ‘Droplet’, ‘we’, ‘us’ and ‘our’ refer to the website owner.
The terms ‘you’ and ‘your’ refer to the user or viewer of the Website.
By using the services available through this Website (collectively, the ‘Services’) and purchasing products (collectively, the ‘Goods’), you are agreeing to all of the terms and conditions set out on this page and our privacy policy.
We may change these terms and conditions at any time without prior notice. You should check this page frequently to take notice of any changes.
The use of this Website is subject to the following terms of use.

Access to thedropletapp.com

Access to this Website is permitted on a temporary basis, and we reserve the right to amend or withdraw the Services without notice.
We will not be liable if for any reason this Website is unavailable for any period or at any time. From time to time, we may restrict access to all or some parts of the Website.

Your Conduct

You must not misuse this Website. Unauthorised use of this Website may result in a claim for damages and/or constitute a criminal offence under the Computer Misuse Act (UK) 1990, as amended. We’ll report any such breach to the relevant law enforcement authorities and disclose your identity to them. Breaches include, but are not limited to, the following:
– committing or encouraging a criminal offence; corrupting data; hacking into any aspect of the Service;
– causing annoyance to other users; attempting to affect the performance or functionality of any computer facilities of or accessed through this Website;
– infringing upon the rights of any other person’s proprietary rights or sending any unsolicited promotional material or advertising.
– distributing or transmitting a virus, trojan, worm, logic bomb or posting any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

Copyright and Trademarks

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the layout, look, design, graphics and appearance. The intellectual property rights in all software and content made available to you through or on this Website are protected by intellectual property and copyright laws and treaties around the world and remain the property of us and/or its licensors. All such rights are reserved by us and its licensors. You are not permitted to distribute, manipulate, publish or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website. You are not permitted to use any such content in connection with any business or commercial enterprise without the prior written permission of us.
You shall not translate, reverse engineer, modify, disassemble, decompile or create derivative works based on any software or accompanying documentation supplied by us or our licensors.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with us. Any trademarks featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to identify or describe the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us.

Account Registration

We reserves the right to close, restrict access to or take any other action against customer accounts.

Terms of Sale

By placing an order you are offering to purchase goods on and subject to the following terms and conditions.

What you are buying

When you purchase a an item you acquire the right to use the item; you are not actually acquiring the item itself. What you get includes a license to that item, you can view the terms of the license here.

Terms of Buying

When you purchase an item you are doing so on the following terms:
– you warrant to us that you have carefully considered the suitability of the item you are purchasing.
– you cannot cancel a completed purchase.
– we do not promise that an item will continue to be available so you should download and save the item as soon as you purchase it.
– once you purchase or download an item and it has been paid for, you acquire a non-exclusive licence to use that item under the terms set out in the licence.
– we retain ownership of the item.

Warranties

When you purchase an item we warrant to you that:
– the item is of acceptable quality and fit for the purpose for which it is ‘sold’.
– the item matches the description, as well as any previews or demos.
– we have the rights necessary to licence the item on the terms of applicable licence.
– the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
– the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

Taxes

European VAT
Prices and fees for supplies made to you include European VAT. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Other Taxes
You are responsible for paying all such taxes and imposts associated with your use of our site wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax.

Refunds

Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given above has been breached, or a refund is required under relevant consumer protection laws. If you would like to request a refund please contact us.

If the we decide to issue a refund, this will generally be done using the same manner used to make the purchase.

If you lodge a dispute with a payment agent, this will result in a freezing of your Droplet account until the dispute raised with the payment agent has been closed.

Disclaimer of Liability

Information and materials offered or displayed on this Website are provided without any guarantees, warranties or conditions as to its accuracy, timeliness, performance, completeness or suitability. You acknowledge that such information and materials may contain errors or inaccuracies and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law, unless expressly stated to the contrary. We shall not be liable for any damages whatsoever arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the liability of us which cannot be excluded or limited under applicable law.
We will not be liable for any damage or loss caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Indemnity

You agree to indemnify, defend and hold harmless Droplet, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the terms and conditions.

Variation

We shall have the right in its absolute discretion at any time and without notice to amend, vary or remove the Services and/or any page of this Website.

Invalidity

If any part of the terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms and conditions will not be affected. All other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.