C Works TERMS OF SALE

Welcome to C Works online and retail Stores operated by C Works Technologies ("C Works," "We," "Us," "Our"), located at Wolkerova 1356, Frýdlant n.O., Czech republic, Europe.

"Store" refers to our online and retail venues that allow you to browse, view, acquire, purchase, and rate and review products and services including 3d printers, x ray devices, digital content, applications, services, and more. These Terms of Sale ("Terms of Sale") cover use of the C Works Dental Store and other C Works services that refer to these Terms of Sale (collectively "Store"). Through the Store, C Works provides access to a variety of resources, including download areas, software, tools, and information about software, services and other merchandise (collectively "Services"). The term "Store" includes Services. Many of the products, services and content offered in the Store are offered by entities other than C Works. By using the Store, orby acquiring products or services from the Store, you accept and agree to these Terms of Sale, C Works' Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE STORE POLICIES.

If we have a C Works Retail Store located in your country or region, it may have different or additional policies. C Works may update or amend any policies without notice at any time.


TERMS RELATING TO YOUR USE OF THE STORE

1. Member Account. If the Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. Your use of the account to access the Store and content you have acquired from the Store is subject to all of the terms governing the C Works account.  You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.

2. No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any C Works server, or the network(s) connected to any C Works server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any C Works server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including C Works.

3. Materials You Provide to C Works or Post in the Store. C Works does not claim ownership of the materials you provide to C Works (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated C Works services for review by others (each a "Submission" and collectively "Submissions"). However, you grant C Works a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submission, including your name, in any media. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the products, services and content offered in the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to C Works, on a worldwide basis and for the duration of these rights.

No compensation will be paid with respect to the use of your Submission. C Works is under no obligation to post or use any Submission and C Works may remove any Submission at any time in its sole discretion. C Works takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store.

If you rate or review an application in the Store, you may receive email from C Works which contains content from the publisher of the application.

4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of C Works and C Works is not responsible for the contents of any linked site or any link contained in a linked site. C Works is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by C Works of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.

 

Terms Relating to the Sale of Products AND SERVICES to You

5. Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship goods, or provide services or digital content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.

6. End Users Only. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.

7. Export Limitations. Products and services acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.

8. Billing. By providing C Works with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize C Works to charge you for any products, services or available content purchased using your payment method; and (iii) authorize C Works to charge you for any paid feature of the Store that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See the Automatic Renewal section below.

If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.

9. Recurring Payments. When you purchase products, services or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to C Works by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by C Works or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing C Works to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, C Works or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.

10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. C Works may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per entity. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.

C Works may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.
We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.

11. Updates. If applicable, C Works will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update.

12. Software Licenses and Use Rights. Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms unless different license terms are provided with the application. (Applications downloaded from the Store are not governed by the SALT and have separate license terms.) Apps and other digital content obtained through the Store are subject to the usage rules. You understand and acknowledge that your rights with respect to these digital goods are limited by these Terms of Sale, copyright law and the usage rules referenced above. Software licenses purchased at a C Works Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download or install the software. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
PLEASE CONTACT THE C Works STORE SALES AND SUPPORT IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT OR WARRANTY FOR BOXED SOFTWARE, AT NO COST, BEFORE YOU OPEN ANY SOFTWARE PACKAGING.
OTHER TERMS AND CONDITIONS. In addition to software and other downloadable products, other products and services available in the Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase, install, or use those products, you may be required to also accept those terms as a condition of purchase, installation, or use.
FOR YOUR CONVENIENCE, C Works MAY MAKE AVAILABLE AS PART OF THE STORE OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, C Works DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.

13. Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your C Works account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your C Works account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.
You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related C Works account.

14. Pricing. If we have a C Works Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the online Store. To the extent permitted by applicable law, C Works does not guarantee that a price, product or promotion offered online will also be available or honored at a C Works Retail Store or vice versa.
The Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items. 
Unless stated otherwise, prices shown in the Store also show taxes or charges ("Taxes") that may apply to your purchase. Prices shown in the Store exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.

15. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for products or services to automatically renew at the end of a fixed service period. If you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.

16. Return Policy. We will accept returns and exchanges for eligible products for 30 days from the date of purchase or download, as applicable. Simply return the eligible product in like new condition and in its original packaging, along with all parts, components, instruction manuals and documentation that were initially included. This Return Policy does not affect any statutory rights that may apply to your purchase.
Packaged software and games must be returned with their seal intact and must include all media and product keys. 
Even if you return your products, packaged software or games, these Terms of Sale will still apply to the time between your purchase or download and return.

When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges (if any) except we won’t deduct those charges for returns because you are unsatisfied with the license agreement or warranty, and you will typically receive your refund in approximately 5-10 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).

17. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.

18. Customer Service. Please visit our Sales and Support page for more information about customer service options.

 

GENERAL TERMS

19. Changing Terms. C Works may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, C Works may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire something.

20. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the C Works Privacy Statement as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how C Works uses your communications with others; postings or feedback submitted by you to C Works via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store ("Your Content"). By using the Store, you expressly consent to C Works collection, use and disclosure of Your Content and Data as described in the Privacy Statement.

21. Product Display and Colors. C Works attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.

22. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.

23. Termination of Use or Access. C Works may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by C Works. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. C Works may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.

24. Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, C Works AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:

  • YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;
  • WE PROVIDE PRODUCTS AND SERVICES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE";
  • YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
  • SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

C Works DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.

25. Limitation of Liability. YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store (including the Services), these terms of sale, or any product or service offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND delays or failures in starting or completing transmissions or transactions.
 

 

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