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Product and Billing Terms and Conditions
Last Updated: 1st February 2022
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, accessed via Products and through Scarr Charts and all its Partners websites. Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Product. You will be required to read and accept these Terms of Sale when ordering a Product. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Product and access Paid Content through Our Site.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
Contract means a contract for the purchase of a Product to access Paid Content;
Paid Content means the digital content/software access sold by Us through Our Sites scarrtrading.com or scarrcharts.com;
Product means a subscription to Our Site providing access to Paid Content;
Product Confirmation means our acceptance and confirmation of your purchase of a Product;
Order ID means the reference number for your Product purchased; and
Our Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
Scarr Charts is operated by Scarr Visual Trading, a US company based in California, and T-Sniper Limited, a UK company.
Products and Pricing
We make all reasonable efforts to ensure that all descriptions of Products and Paid Content available from Us correspond to the actual Product and Paid Content that you will receive.
We may from time to time change Our prices. Changes in price will not affect any Product that you have already purchased but will apply to any subsequent renewal or new Product.
Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you before the changes are due to take effect.
Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Product to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Product at the correct price or to cancel your order (or the affected part of it).
If We discover an error in the price or description of your Product after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens.
All prices on Our Site include Sales Tax.
Our Site will guide you through the process of purchasing a Product.
The checkout page will allow you to see a summary of your order.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible at firstname.lastname@example.org.
If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Product constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Product Confirmation Receipt by email. Only once We have sent you a Product Confirmation will there be a legally binding Contract between Us and you.
Product Confirmations shall contain the following information:
Email confirmation of the product purchased: Order details, Order ID No, Name, Email, Date, Product name;
Email containing product purchased invoice: Invoice, Order details, Name, Email, Date, Product name, taxes;
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible.
Payment and Trial
Payment for Products must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Product Confirmation Receipt.
Payment methods: PayPal: All credit/debit cards used through PayPal gateway are automatically charged upon product purchases and upon renewal.
Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.
Deactivation: Scarr Charts and its partners reserve the right to remove customer application data from its servers after nonpayment.
If you believe that We have charged you an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let us know.
15-day Trial Access and Upgrades
Some products offer a 15-day trial enabling them to access part of the product. Following the 15 days, access to the product will cease.
The trial does not offer an automatic upgrade, you (the buyer) will need to upgrade manually if you want to upgrade your product.
One Trial per Customer
Scarr Charts has many products and implements a policy of one trial per customer. As much as we would like to offer trials for all our products, at this time we follow the one trial only rule.
US Sales Tax
Products are sold including US Sales Tax.
Provision of Paid Content
Paid Content appropriate to your Product will be available to you when We send you a Product Receipt of Purchase Confirmation and will continue to be available for the duration of your Product.
If We need to suspend availability of the Paid Content for any of the reasons, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
To fix technical problems or to make necessary minor technical changes;
To make more significant changes to the Paid Content;
To update the Paid Content to comply with relevant changes in the law or other regulatory requirements.
You agree that you will not use any of our services with intent purpose to violation of any law, contract or intellectual property or other third party right. You agree not to:
purposely damage the content or service;
share your account details with others, third parties without written consent;
project viruses, trojans, worms or other harmful material;
use any robot, spider, crawler, scraper to gather data;
send unsolicited or unauthorized advertising, spam, junk mail, or collect email addresses for commercial purposes;
You are encouraged to treat others as you would want to be treated yourselves meaning, not use abusive or harmful language within the communal chat areas etc;
Licence and Copyright
When you purchase a Product to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
The licence granted to you subject to the following usage restrictions and/or permissions.
Unless otherwise indicated, the Services and content provided by Scarr Charts or one its partners, including all content, video and other materials on or made available are the proprietary property of T-Sniper Limited under U.K. and international copyright laws.
Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited.
You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
Cancelling Your Product - 7 day Refund Policy
If you are a consumer, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Product Confirmation and ends 7 calendar days after the date of Our Product Confirmation.
After the cooling-off period, you may cancel your Product at any time, however We cannot offer any refunds from day 7 on-wards. On the 7th day after the purchase order, your Right of Withdrawal automatically lapses by law.
If you purchase a Product by mistake (or allow your Product to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Product We will be able to cancel the Product. If you have accessed any Paid Content once the Product has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Product (up until the renewal or expiry date, as applicable).
If you wish to exercise your right to cancel your purchase and request a refund, you can do so by clicking the ‘request refund’ button within your Helpdesk Portal or by emailing firstname.lastname@example.org.
Before any refunds are issued the helpdesk will review your account and the 7 cooling period terms.
In addition We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
Refunds will be issued to you as soon as possible if you are entitled, within your product purchased helpdesk portal, you will be able to see whether you are within your 7 day cooling off period.
We do not offer refunds after the 7 day cooling period.
Refunds will be made using the same payment method that you used when purchasing your Product. The money normally appears within a few days however it can take up to 30 days depending on the payment method involved.
Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
If you wish to contact Us with general questions or complaints, please contact email@example.com.
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with the appropriate team to assist you solve your challenges in the quickest and the best possible wayIf you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways.
To make sure our products are best-in-class we use a number of mechanisms to gather your feedback: Surveys, verbal feedback.
Whenever you are asked to provide feedback, you will be given the option whether to remain anonymous or not.
Feedback collated could be placed on our website, social or other tools for product promotions.
You will be given the choice whether your comments can be used or not.
If you have any queries regarding the product feedback process you can contact firstname.lastname@example.org.
How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of CCPA and EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
Other Important Terms
If we sell our business/ product/ product closure
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
In the event that we have to close Scarr Charts product for any reason, meaning your membership site will cease to exist. If this occurs, you will be informed by Us in writing. You will be given the opportunity to save all relevant content.
Changes to the Law
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Product, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.