Terms & Conditions
Terms & Conditions VIEZU USA is the trading name for MAP MY CAR LLC
These terms and conditions of all sales shall be governed by American Law
- MAKING A PURCHASE:
1.1. Online:
1.1.1. Making a purchase online via our secure server could not be easier. Just browse our shop click on any items you wish to buy and put them into the shopping cart. Clicking on the shopping cart button at any time will show you the list of items you are about to purchase.
1.1.2. After you have finished your selection, click on “Order” and you will be asked for a few details that we need to be able to satisfy the order. Payment can be made by Paypal, Visa, MasterCard, American Express, Affirm Financing, Acima Leasing, Google Pay, Apple Pay. If you are shopping from outside the USA, place your order and your credit card company will convert the transaction to your own currency.
1.1.3. Invoice Pay Now Link – every VIEZU invoice contains a pay now link, simply click this link and you will be guided through the payment process
1.2. By Telephone:
1.2.1. Using the VIEZU USA web site as a reference, write down the items you wish to purchase together with the prices. Add up the total amount payable including postage and package charges. Call VIEZU (Monday to Friday from 9.00am to 6:00pm MST) on +1 (801) 905-1355 and give your details to the Sales Team.
1.3. By Email:
1.3.1. Simply email USA@viezu.com with details of the items you wish to order and we will be pleased to guide you through the process via email.
- PAYMENT:
2.1. Payments terms – Payment is made in full and must be made prior to dispatch of any order for items, and in full for all custom items and bespoke productions.
2.2. Onsite tuning works, bookings and appointments must be prepaid.
2.3. An appointment for a remap or any associated works with Viezu USA direct, is only assured with a deposit to secure the booking. The deposit is refundable up to 48 hours prior to the appointment; after which no refund can be issued. However, the deposit can be transferred to a newly rescheduled appointment at a future date.
2.4. We accept payment by credit card (we currently accept VISA, MASTERCARD, American Express and debit cards), consumer financing, or leasing options. Or you may pay by bank/wire transfer.
2.5. Prices – We endeavour to hold the prices as shown on this website. VIEZU USA explicitly retains the right at any time to revise prices to take account any increase in costs, including the increase or imposition of any tax, duty or other levy and variation in exchange rates.
2.6. We will take all reasonable steps to inform you of any relevant revision of prices at the time of confirmation of your order. Unless otherwise stated, the price quoted will include any applicable taxes.
2.7. Payment can be made by Paypal, Visa, MasterCard, American Express, Affirm Financing, Acima Leasing, Google Pay, Apple Pay. Credit/Debit card details will be used to finance the purchase, any transaction costs and the postage and packing charges.
2.8. Remittances from overseas should be made by electronic bank transfer in Pounds Sterling drawn on a UK clearing bank. You will receive an invoice with all payment information.
2.9. EXHAUST SYSTEMS
De-cat pipes, DPF, PPF and OPF delete exhaust systems and the associated tuning. Any tuning and exhaust system which removes any part of a vehicles emission system may not be legal in many countries, including the USA, UK, and the EU. As such these systems and services are sold for off-road and motorsport use only. It is vital you check the legislation where you and your vehicle are based before you fit and use these systems on any road going vehicle. VIEZU USA accepts no responsibility for the supply and use of such systems and tuning when used anywhere on a public highway.
Sports Catalytic Converters – VIEZU USA supply a range of sports cats and 200 cell cats, some of these will be TUV approved, and EC approved for use inside the EU. However, others such as the IPE and Armytrix cats are manufactured outside of Europe and may not be EC approved. As such please assume all sports catalytic converters for sale on our sites are sold for motorsport and off-road use in the UK and EU. Our expert team will be on hand to guide you should you need any help choosing the right catalytic converters for you, your car, its use and your location.
- ESTIMATES
3.1. Estimates are valid for a period of 14 days from the date of the Estimate. After this time VIEZU USA reserves the right to revise the Estimate and associated costs and a new Estimate may be required.
3.2. Quotations submitted according to project specifications (Bespoke Restoration Projects) will remain valid for a period of 14 days from quote date. If this 14-day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, VIEZU USA may amend the quote according to our current rates.
- ONSITE WORKSHOP BOOKED WORKS
4.1. Car Servicing Without Invalidating the Warranty
USA legislation and Supreme Cour Rulings gives vehicle owners and motorists a lot more freedom in their decision as to who should service and maintain their cars. VIEZU USA (VIEZU) can service your car without invalidating the manufacturer’s warranty.
VIEZU can carry out normal maintenance, servicing and repairs during a vehicle’s warranty period without invalidating the vehicle assembler’s warranty conditions with two provisions:
- That the Service is carried out in accordance with the Vehicle Assembler’s servicing schedules and is recorded as such.
- That the parts used are either ‘original spare parts’ or ‘matching quality parts’ and are recorded as such.
You have the Choice, VIEZU will normally quote based on quality aftermarket parts that are manufactured to Original Equipment (OE) quality. All parts are guaranteed for a minimum 12 months or 12,000 miles (whichever is sooner).
However, if you would rather VIEZU supply and use genuine Manufacturers parts VIEZU will be happy to quote on this basis. – Please ensure the VIEZU service advisor is aware of this at the time of initial enquiry
4.2 DISPOSAL OF PARTS:
4.2.1 All clients have the right to retain any parts removed from their vehicle, the client must expressly state and sign documentation (Workshop Job Card) to retain parts
4.2.2 If the client wishes to retain any parts, said parts must be removed from VIEZU premises within 7 days; otherwise they will be disposed of without referring further to the client
4.2.3 VIEZU reserves the right to dispose any parts without and in the absence of the signed Job Card Document
4.2.4 VIEZU Technologies reserves the right to dispose of any parts removed from a client’s vehicles
4.2.5 VIEZU Technologies clients will be provided with reserved rights to express and sign documentation to have any existing parts returned
ONSITE WORSHOP BOOKED WORKS – Terms and Conditions
4.3 The completion of a Booking, and the subsequent receipt of a confirmation email for a vehicle works to be carried out including bespoke works, routine service, MOT, or repairs offered by VIEZU constitutes a binding contract between the Customer and VIEZU.
4.4 All person(s) using either the VIEZU website or arranging Works with the VIEZU Team by phone, email, in person or otherwise to make a Booking should be at least 18 years of age and reside in the USA.
4.5 VIEZU will provide the customer with detailed costing information of their vehicle servicing before any work is started. All work and costs, including additional work following a workshop inspection at VIEZU must be approved by the customer before work is carried out.
4.6 It is always the intention of VIEZU to complete the Customer’s works, vehicle service, MOST or repairs within 1 day. However sometimes – due to reasons beyond the control of VIEZU this may not be possible, should this be the case, the customer will be advised accordingly by the Sales Team as soon as possible, but VIEZU cannot be responsible for additional costs or inconvenience caused.
4.7 All in-houses work, (not mail-order outside of UTAH) is subject to TAX as required by law.
4.8 VIEZU is committed to reducing our own environmental footprint whilst also using resources responsibly and reducing waste, to this end we charge an environmental surcharge fee of $10.00 to dispose of waste oil, and $5 per scrap which will be itemised on your invoice
4.9 All parts used will adhere to the vehicle manufacturers’ service schedules and will be of OE quality – thereby ensuring all manufacturers’ warranties are validated.
4.10 VIEZU will support your vehicle’s service history. Upon completion of the service your vehicle’s service book will be stamped, a copy of the service schedule will be provided
4.11 All vehicle servicing performed by VIEZU carries a 12-month (or 12,000 – whichever comes first) warranty. The warranty covers replacement parts – should they be defective – or related workmanship.
4.12 The service warranty is dependent on VIEZU being given an opportunity to investigate and rectify any faults within a reasonable timeframe; The manufacturer’s vehicle operating instructions being followed; Ensuring the vehicle is serviced at a frequency recommended by the manufacturer (for the relevant time and distance); Full compliance with VIEZU advisories, warnings and information or any instructions provided by VIEZU; The parts or workmanship performed by VIEZU not being subjected to abnormal conditions or unreasonable wear and tear. The part manufacture or supplier accepting the parts are defective.
4.13 Where collection and delivery are offered, VIEZU will always do our best meet any agreed times, however, offer no guarantee of a specific target time
4.14 Under EPA a vehicle with defects classified as ‘dangerous’ may not be driven on public roads in USA unless corrective work is undertaken. If the defects remain unfixed, legally the vehicle may not be driven from the test centre and the vehicle may require to be collected via a recovery service arranged either privately or via VIEZU at a cost to be incurred by the customer. A vehicle with defects classified as ‘major’ will only be delivered at the discretion of VIEZU
4.15 VIEZU cannot be held responsible for loss, theft or damage to item(s), valuables or monies contained within the vehicle for the duration of the contracted work – including vehicle collection and delivery. – please remove your valuables.
4.16 VIEZU is not liable for any loss, damage or delay in the services it provides
4.17 By agreeing to these Terms & Conditions you are agreeing to the outlined service schedule for the relevant service. Items not included in the service schedule may be subject to extra charges – these will only be conducted following permission.
4.18 Should a transaction exceed $1,000 – or should a fraud alert be raised VIEZU reserves the right to ask for payment to be made via Wire Transfer or in US Dollars Cash.
4.19 All parts removed from a vehicle and replaced will be available for inspection for up to 24hrs after replacement. Should a customer want to retain any parts including exhaust systems, the VIEZU service team must be notified prior to work commencing, sign documentation to confirm this and must be collected within 7 days of the repair. After this time if not collected all parts, requested or not, will be disposed of.
- POSTAGE/PACKING, DELIVERY AND RECEIVING GOODS
5.1. Delivery – we accept orders for delivery in the UK, EU, USA & Canada and most other countries worldwide.
5.2. Receiving – the obligation and onus is on the customer to inspect goods prior to accepting delivery of goods as being in good condition. If packaging boxes appear damaged or crushed, please inform the courier Company prior to accepting delivery.
5.3. The customer must notify VIEZU of any parcel signed as damaged in order for this to be followed-up with the shipping company.
5.4. We aim to despatch standard stock order items the following day, however during busy periods, despatch may be delayed an extra day or two. Many items are custom manufactured, and so will be dispatched the next working day after production, we will always aim to supply all orders within 28 days – please e-mail us for further details or clarification.
5.5. All goods are sent in padded envelopes or specially made packaging/boxes. (Please see returns section for loss or damage).
5.6. USA deliveries are packed and processed as soon as; delivery dates and/or courier tracking information will be supplied to you at the earliest opportunity.
- ITEMS PURCHASED:
6.1. Bespoke and custom manufactured parts are none-refundable.
6.2. If a manufacturing defect is apparent, this will be addressed under the manufacturer’s warranty.
6.3. File Key Credits are valid for 12 months
6.4. Used vehicles are sold as seen; Restoration units – see alternative terms and conditions
6.5. Software – vehicles must be reset to standard and demonstrated as such with a Log File
- LOSS:
7.1. Liability – VIEZUs liability to you, whether for breach of contract, negligence, misrepresentation or otherwise shall in no circumstance exceed the price charged to you for any defective, damaged or undelivered goods which give rise to such liability.
7.2. VIEZU shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused.
7.3. Recent and possible future world events have made world postal services more susceptible to lost postal or freight shipping items; if items are not delivered within the couriers tracking data timelines – please notify USA@viezu.com at the earliest opportunity.
- BACK ORDERS:
8.1. If your item is not in stock, we will back order it for you. You will be emailed with the option to cancel your order if you would rather not wait.
8.2. Bespoke and Custom-built items take longer to manufacture/build and, we will keep you notified of your order status.
- TAX CHARGES:
9.1. Sales Tax is added to an item after the subtotal (where applicable)
- CREDIT CARD SECURITY:
10.1. When an order is placed online all credit card numbers are encrypted. They are not held in clear text on any web site.
- DATA PROTECTION:
We operate and are registered as VIEZU USA in accordance with current data protection legislation. In order to provide you with the best service we can, we collect certain personal information about you. When you purchase merchandise via the site, we need to collect information about you to process the transaction and fulfill your order.
This information may include, but is not limited to, details such as your name, email address, address and type of payment card details.
VIEZU USA uses your personal information to keep you informed about events, news and offers, which we think will be of interest to you. If you have chosen to receive them, we will also use your information to provide you e-mail bulletins and other email alerts letting you stay up to date about relevant events and offers. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. We do not sell, rent or trade your personal information to third parties for marketing purposes under any circumstances.
- RETURNS POLICY AND PROCEDURES:
12.1. Returns – at VIEZU we are committed to complete customer satisfaction. In the unlikely event that you are not delighted with any of the products purchased, please e-mail us at USA@viezu.com and we will do all we can to assist. However, please note many of our items that are custom made to order, including our exhaust systems and other custom fabricated parts; custom made items cannot be returned unless there is a manufacturing fault, in which case a warranty repair or replacement can be arranged for you.
12.2. Items can only be returned if unused and returned in its original condition together with a Goods Return Authorisation Number (GRAN).
12.3. To return any item please contact us for a goods return number and note for shipping instructions must be obtained by contacting usa@viezu.com or by telephoning 1 (801) 905-1355. Without which items cannot be accepted or refunded. Please e-mail us if you have any questions at all.
12.4. You can return your purchase to us in its original condition within 7 days of the date you received the item, with any seals and shrink-wrap intact and must have labels attached. VIEZU withholds the right to charge a 20% restocking fee to cover, time, costs, banking and credit card fees.
12.5. To verify if you are able to return your items and to ensure the safe return of your items; please follow the guidelines below:
12.5.1. Please call our sales team at 801-905-1355 or email usa@viezu.com to discuss the matter and to obtain a Goods Return Authorisation Number (GRAN).
12.5.2. Together with the GRAN, return all items that you have purchased directly from VIEZU. The address to where the item is to be returned will be provided.
12.5.3. If the item has been purchased from a third party you must contact them directly, as VIEZU Technologies Limited is unable to provide a refund on behalf of a third party.
12.5.4. With returned goods, please include the payslip (the original or a copy) or a piece of paper with the name of the person who ordered the items, the order number and the reason for the return clearly stated.
12.5.5. Please use the VIEZU packaging and the manufacturer’s original package to return the item.
12.5.6. If you no longer have the VIEZU packaging, please include the name of the person who ordered the items and the order number in the sender field on the package.
12.5.7. Replacement goods, refunds or credit notes will not be processed unless the above steps are fully complied with. Warranty claims can only be assessed once all associated parts and details have been returned to VIEZU USA. VIEZU is unable to action any warranty or refund if the above steps are not followed correctly.
12.5.8. Software and downloadable products and services are none-refundable. Please refer to the detailed terms and conditions for the supply of engine tuning software below.
12.5.9. VIEZU Technologies Limited cannot generate refunds for items purchased from third-party resellers.
12.5.10. We can only accept the return of opened items if they are faulty. Please note that we reserve the right to send back items to you that have been returned to us after 7 days unless they are faulty.
12.5.11. We are unable to exchange items that are not damaged, defective or incorrect.
12.5.12. Specific rules apply regarding refunds of delivery charges.
12.5.13. In the event of VIEZU USA sending you a replacement for a damaged, defective or wrong item, this will only be completed when you return the item to Viezu Technologies Limited within 7 days of the agreed GRAN.
12.5.14. VIEZU Technologies Limited reserves the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item to us within 7 days of the date on which Viezu confirms we will issue a replacement.
12.5.15. Shipping and freight carriers will need proof of return reason – particularly for international shipments to avoid duplication or excessive requirements of taxes and duties.
TERMS AND CONDITIONS FOR THE SUPPLY OF ENGINE TUNING SOFTWARE
Please read the following important terms and conditions before you purchase any software on our website, in particular, we draw your attention to your responsibilities under clause 7.6 of these terms and conditions.
1. ABOUT US
We are Viezu USA, a company registered in Salt Lake City, Utah.
1.1 You can contact us by sending an email to usa@viezu.com
1.2 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. THESE TERMS
2.1 These terms apply to any purchase of Viezu software file (“Software”), you request from us or via our self-service portal.
2.2 Please read these terms carefully before you place any orders on us, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order and or upload a file.
2.3 For the purposes of these terms, you are a ‘consumer’ if you are buying the Software from us as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying the Software from us for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
2.4 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Viezu Technologies Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on us.
2.5 You must be at least 18 years old to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
2.6 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
2.7 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
2.8 Your use of our site is governed by our Website Terms of Use.
3. ORDERS
3.1 Please check your order requirements carefully and correct any errors before you submit it to us.
3.2 Your order is an offer to buy the Software from us on these terms. During the order process you will either purchase File Key Credits (software Credits) or you will be required to upload your current engine tuning software, following which our website/portal will list the options for the Software that you can purchase. When you place your order at the end of the online purchase process (e.g. when you upload a file, click on the ‘pay now’ button, when File Key Credits are deducted from your Account or you have already purchased a self-tuning device with tuning files) and payment is cleared and taken from you, a legally binding contract will come into place between you. At this point, the Software will be available for download.
4. AVAILABILITY
4.1 We cannot guarantee that the Software will be available at any given time, or that access to the Software will be uninterrupted, error free or secure. For example, access to the Software may be temporarily unavailable while we carry out maintenance or for other technical reasons.
4.2 We may need to suspend or stop providing the Software to deal with technical problems or make minor technical changes or where there has been a change in law. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund if payment has already been taken.
5. DESCRIPTIONS AND TECHNICAL REQUIREMENTS
5.1 Descriptions of the Software are set out on our website. Please read the descriptions carefully.
5.2 You are purchasing the Software only and you will need to ensure that you have the correct tuning tools, protocols, self-tuning device and hardware to connect to a vehicle to be able to use the Software.
5.3 To download, install and use the Software, your device requires processor of 1 GHz or faster (32-bit or 64-bit), a minimum of 1GB of memory, and a minimum of 250MB hard drive space. You are responsible for making sure that your device meets these requirements.
5.4 You will need internet access to download the Software and you are responsible for any charges you may incur in connection with your download.
5.5 We are not liable to you if you are unable to download or use the Software due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
6. PERMISSION TO USE THE SOFTWARE
6.1 In consideration of payment by you of the price for the Software and you agreeing to abide by these terms, we grant you a non-exclusive, non-transferable licence to download, install and use the Software provided you follow all of the rules in these terms. The licence starts when you download the Software.
6.2 If you are a consumer, the licence is for your personal and domestic use only. You must not use the Software for commercial, business or resale purposes.
6.3 If you are a business customer, the licence is for your internal business purposes only. You must not use the Software for any resale purposes.
6.4 You do not own the Software or any of its contents but you may use it as set out in these terms. You are not allowed to pretend that the Software is your own or make it available to others to download or use. You acknowledge that you have no right to have access to the Software in source code form.
6.5 You must not conceal, change or remove any markings which show who owns the Software, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the Software in a way that you are not allowed to.
6.6 You acknowledge and agree that you are responsible for any use you make of the Software and for what vehicles the Software is installed on. Before downloading the Software, you must check whether the installation of the Software on a vehicle and/or your intended use of the Software is legally permitted under any local laws or regulations applicable to you and the location in which you will install and/or use the Software. If such installation and/or use is not legally permitted, you must not purchase and download the Software. You must not install and/or use the Software for any purpose that is illegal or unlawful in the territory in which you are located or any other territory in which you will download, install or use the Software. You must not install the Software on any vehicle registered for use on public roads if to do so would be illegal or unlawful under local laws, regulations or legislation. You shall be liable to us and indemnify us for any breach of this clause 7.6. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this clause 7.6.
6.7 Except as expressly set out in these terms or as permitted by any local law, you undertake:
6.7.1 not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
6.7.2 to comply with all applicable local laws when downloading, installing and using the Software;
6.7.3 not to re-sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
6.7.4 not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
6.7.5 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
6.7.5.1 is used only for the purpose of achieving inter-operability of the Software with another software program; and
6.7.5.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
6.7.5.3 is not used to create any software which is substantially similar to the Software;
6.7.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.7.7 to include our copyright notice on all entire and partial copies you make of the Software on any medium; and
6.7.8 not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person.
6.8 If you do not comply with any term in this clause 7, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order.
6.9 If we end our contract with you in accordance with clause 7.8:
6.9.1 you will not be entitled to a refund and we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause 7;
6.9.2 all rights granted to you shall cease and you must immediately stop using the Software;
6.9.3 you must delete or remove the Software from all devices and computer equipment in your possession, and destroy or return to us (at our option) all copies of the Software then in your possession, custody or control; and
6.9.4 we may delete or suspend access to your account.
7. PRICES
7.1 The price of the Software (which will have the applicable VAT elements added if not already included) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Software advised to you is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the Software you order.
7.2 It is always possible that, despite our best efforts, the Software may be incorrectly priced. We will normally check prices before accepting your order so that, where the Software’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require you to delete or remove the Software from all devices and computer equipment in your possession, and destroy or return to us (at our option) all copies of the Software then in your possession, custody or control.
8. PAYMENT
8.1 We accept bank to bank payments and the following credit cards and debit cards: VISA, Mastercard. All credit card and debit card payments need to be authorised by the relevant card issuer.
8.2 We will take payment from your card when you place your order.
9. HOW TO DOWNLOAD THE SOFTWARE
9.1 The Software will be available to download automatically after you place your order, and we take payment from you.
9.2 If you do not own the device you use to download the Software, you must obtain permission from the owner to download the Software onto their device.
9.3 You may only download the Software once. If you wish to make download another copy of the Software after this download, you will need to purchase another download for the Software.
9.4 If you are having trouble downloading the Software or the Software does not download automatically, please email us at info@viezu.com.
10. NO RIGHT TO CANCEL
This clause 11 only applies to you if you are a consumer.
10.1 When you place an order for the Software, you will be asked to tick a box to confirm that you consent for the download of the Software to start immediately after you place your order by clicking the “Pay now” button and that you acknowledge that this means you lose your right to cancel.
10.2 This means that you do not have the right to cancel this contract once the automatic download of the Software starts and are not entitled to a refund unless the Software is faulty.
11. NATURE OF THE SOFTWARE
11.1 When we supply the Software:
11.1.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
11.1.2 we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our website; and
11.1.3 you acknowledge that there may be minor errors or bugs in it.
12. FAULTY SOFTWARE – CONSUMERS
This clause 13 only applies to you if you are a consumer.
12.1 The Software that we provide to you must be as described, fit for purpose and of satisfactory quality.
12.2 We are under a legal duty to supply digital content that is in conformity with our contract with you.
12.3 If the Software is faulty, you are entitled to a repair or a replacement.
12.4 If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back.
12.5 If you can show that a fault in the Software has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
12.6 Clauses 13.1 to 13.5 are a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 11 above. Nothing in these terms will affect your legal rights.
12.7 If there is a problem with the Software, please contact us at desk@viezu.com.
13. FAULTY SOFTWARE – BUSINESS CUSTOMERS
This clause 14 only applies to you if you are a business customer.
13.1 We warrant that the Software will, when properly used on an operating system for which it was designed and subject to clause 12 and clause 14.2, conform in all material respects with its description on the site for a period of 10 days from the date the Software is first made available for download (“Warranty Period”).
13.2 The warranty given in clause 14.1 does not apply:
13.2.1 if the defect or fault in the Software results from you having altered or modified the Software; and
13.2.2 if the defect or fault in the Software results from you having used the Software in breach of the terms of these terms.
13.3 If the Software does not comply with clause 14.1, we will (at our option) correct the errors within a reasonable time or replace the defective Software or refund any payments made for the defective Software, provided that:
13.3.1 you notify us by email to info@viezu.com within the Warranty Period; and
13.3.2 you provide us with sufficient information to enable us to reproduce the errors or investigate the defect.
13.4 If we provide you with a refund under clause 14.3:
13.4.1 you no longer have any rights to use the Software; and
13.4.2 you must remove the Software from any device and delete any copies.
13.5 Clause 14.3 sets out your sole and exclusive remedy for any breach of clause 14.1.
13.6 Except as set out in this clause 14, we give no warranties and make no representations in relation to the Software, and all warranties and conditions whether express or implied by statute, common law or otherwise (including any implied terms relating to quality, fitness for any particular purpose, reasonable care and skill or ability to achieve a particular result) are excluded to the extent permitted by law.
14. EVENTS BEYOND OUR CONTROL
If our supply of the Software is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Software you have paid for but not downloaded.
15. OUR LIABILITY TO CONSUMERS
This clause 16 only applies to you if you are a consumer.
15.1 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
15.2 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). We will not be liable to you for any losses that were not foreseeable or that were nor caused by any breach by us or our negligence.
15.3 We only supply the Software for to you for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you use the Software for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
15.4 If defective Software which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum technical requirements advised by us.
15.5 You acknowledge that the Software has not been developed to meet your individual requirements, including any mechanical modifications you have made and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in on our website meet your requirements.
16. OUR LIABILITY TO BUSINESS CUSTOMERS
This clause 17 only applies to you if you are a business customer.
16.1 Nothing in these terms will limit or exclude our liability for:
16.1.1 death or personal injury caused by negligence;
16.1.2 fraud or fraudulent misrepresentation; or
16.1.3 any other losses which cannot be excluded or limited by law.
16.2 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price paid for the Software].
16.3 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
16.3.1 loss of profit;
16.3.2 loss or corruption of data;
16.3.3 loss or corruption of software or systems;
16.3.4 loss or damage to equipment, engine control units, or vehicle components;
16.3.5 loss of use;
16.3.6 loss of opportunity;
16.3.7 loss of savings, discount or rebate (whether actual or anticipated);
16.3.8 harm to reputation or loss of goodwill; or
16.3.9 consequential, indirect or special losses.
16.4 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in on our website meet your requirements.
17. YOUR INFORMATION
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
18. GENERAL TERMS
18.1 No one other than a party to this contract has any right to enforce any term of this contract.
18.2 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
18.3 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
18.4 If you breach these terms 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.
18.5 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
18.6 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
18.7 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
18.8 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
