Melissi Terms & Conditions
Please read carefully
The supply of all Melissi software and services is subject to these non-exclusive Terms & Conditions. Additional terms may apply to specific products; please see product pages for details.
1. General
1.1. Melissi contracts and licences are offered by Scene Cinema Ltd., refered to as "SCL" in these Terms & Conditions. "Melissi" is a trading name of SCL. UK company registration: 4673425. Postal address: P.O. Box 290, Hessle East Yorkshire, HU13 0WG, England. UK VAT registration: 894846164. For further details, see "About Us" on the Melissi website at: <www.melissi.co.uk>.
1.2. The words "we" and "us" in these Terms & Conditions refer to SCL trading as Melissi.
1.3. The word "you" and "your" in these Terms & Conditions refers to the client/customer purchasing Melissi software and/or services.
1.4. Effective as of 5th March 2010, SCL is the sole rights holder of the Melissi software. These Terms & Conditions replace and update those issued by Melissi Multimedia Ltd. (hereafter: "MML").
1.5. Licence agreements made between you and MML may be subject to change by SCL.
2. Prices and Payment
2.1. Please confirm the current price by contacting us. Our prices are quoted in Pounds Sterling (GBP) and are subject to standard UK VAT regulations.
2.2. We accept UK payment by bank transfer, cheque or cash; overseas payments must be by international bank transfer. All payments to be made in GBP £ Sterling, with bank charges and transfer fees paid by the buyer. We reserve the right to recoup payment transfer fees charged to SCL via your next invoice.
2.3. If credit is extended, goods must be paid for within 30 days of our invoice date, unless otherwise stated. We reserve the right to charge interest at 1.5% per month if payment is not made in full by this date. Please contact us before the due date if you expect a delay in payment.
2.4. We remain owners of the goods and/or licence until it is paid for in full.
3. Guarantee and Liability
3.1. We do not accept liability for claims concerning the goods as to their quality, fitness for purpose or otherwise. Nor do we accept any liability for indirect or consequential losses or loss of profits.
4. Limited Software Warranty
4.1. Our warranty is that the software will perform substantially in accordance with our published documentation.
4.2. This warranty is valid for a period of one year from the date of purchase. The warranty is not applicable if failure of the software has resulted from accident, abuse or misapplication. The warranty is not applicable if the system test file has not been supplied to our Technical Team before the software is used in a classroom setting. If you notify us within the warranty period that the software does not meet this warranty, then we will, at our option and without further obligation, either (i) return the price paid, or (ii) repair or replace the software.
5. Restrictions
5.1. In order to run any Melissi software you or your users must have a valid licence for each machine on which the software is run.
5.2. The right to run Melissi software is limited as follows:
5.2.i. We do not assign any copyright;
5.2.ii. Neither you nor your users may make copies of the software and distribute them, except by our express prior written consent;
5.2.iii. If the software is made up of components, neither you nor your users may separate the components by running them on different computers or by transferring them separately;
5.2.iv. Neither you nor your users may rent, lease, commercially host, commercially demonstrate, or lend any copy of the software;
5.2.v. Neither you nor your users may reverse engineer, de-compile or disassemble the software.
6. Free Staff Training
6.1.1. One (1) on-site staff training session is provided free with each full-price Digital Classroom(s) Licence purchased for the UK.
6.1.2.
Free training is available only on the British mainland at present. Please contact us for details of training provision outside this area.
6.2.
By hosting the training session, you agree to the following:
6.2.i. that the software is fully installed, tested and the checklist returned to the Melissi technical team (a training session date will not be set until our Technical Director is confident that the system has been installed correctly and checked thoroughly);
6.2.ii. that the network is connected and tested (please see the PC specifications and system requirements on our website here: <http://www.melissi.co.uk/software/techspec.html>);
6.2.iii. that that hardware running the Melissi software meets our minimum operating specifications (see 6.2.ii).
6.2.iv. that the person responsible for networking and PC administrative permissions makes any necessary permissions and passwords available and/or provides a member of staff with authority to do so.
6.3. If the requirements listed in 6.2.x above are not met, the staff training session may need to be aborted. Under these circumstances SCL retains the right to charge a fee for subsequent visits and replacement training sessions.
7. 'Roaming' Licence
7.1. 'Roaming' is a Student Programme licence supplied in addition to your existing Digital Classroom licence. Staff Programme restrictions still apply, as per your Melissi Licence.
7.2. For technical reasons, individual class sizes are still restricted to 40 students.
7.3. One 'Roaming' licence covers a singlie campus. Additional licences may be required for additional campuses.
8. Technical Support Licence (TSL)
8.1. The purchase of a full-price digital classroom entitles the licence holder to 12 months' free technical support by e-mail via the webform at: <www.melissi.co.uk/contactus.html>.
8.2.
The optional Technical Support Licence (TSL) is offered as a rolling contract. An annual invoice will be sent for licence renewal unless Melissi is notified at least 1 month before the expiry of the current licence.
8.3.1. We retain the right to decline to renew the rolling TSL. In this case, technical support will continue until the end of the existing contract.
8.3.2. We retain the right to terminate an existing TSL . In this case, the client will recieve a pro rata refund. A payment to cover the unfulfilled portion of the contracted year.
8.4. A current TSL entitles the licence holder to 50% discount on selected software products (see <www.melissi.co.uk/software/discounts.html> for details). The purchase of a Melissi Digital Language Lab under this discount offer does not extend the period of Technical Support.
9. Free iPad2 Offer
9.1. This is a Melissi sales promotion. We are not affiliated in any way (except as regular customers) to Apple Inc.
9.2. This offer is restricted to new purchases of the full Melissi Digital Language Lab invoiced after 15th October 2011.
9.3. We reserve the right to withdraw this offer at any time, without notice or warning.
9.4. This offer is limited to one (1) 16Gb, WiFi-only Apple iPad2 per new full-price Melissi Classroom Licence purchase, regardless of the number of classrooms included in the licence.
9.5. This iPad2 offer may not apply to classrooms added to an existing licence, although full licences added to an institution with an existing licence will qualify.
9.6.1. The free iPad2 is not available in conjunction with any other Melissi promotional offer or discount.
9.6.2.
Expansion of an existing digital classroom does not normally attract a free iPad2. This remains at the discretion of Melissi.
9.6.3.
The free iPad2 offer does not automatically apply to purchases through third parties (for example, as part of a tender bid package). Please contact us for clarification.
9.7. We expect Melissi software to be available as Mac, PC and Android applications (apps) at some time in the future; however, we do not offer a guarantee of this.
9.8. You must obtain your employer's permission before taking part in this promotional offer. By taking part, you confirm that your institution is aware that you will be sent a free iPad2 in return for the purchase of a Melissi Digital Language Lab.
9.9. The iPad2 will be sent to you at your institution's invoice address after we have received full, cleared payment for your software licence.
9.10. In the event that the Melissi Digital Language Lab Licence is withdrawn from your institution and monies refunded, the iPad2 must be returned to Melissi in good condition. If this is not possible, we reserve the right to charge £329.00, towards a replacement.
9.11.1. This offer is subject to availability of the iPad2 from the UK Apple Store at www.apple.com/uk . In the event that the device cannot be supplied by Apple (and therefore by us) in a reasonable time period, we will apply a discount/refund of £200.00 to the licence purchased in conjunction with this offer.
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.11.2. The cash alternative to this free iPad offer is £200.00 discount on the invoiced price of a new Melissi Digital Language Lab licence.
9.12. We do not offer or supply technical support or a warranty for Apple (or other non-Melissi) products. Once you have received your free iPad2, responsibility for it is transferred to you and/or your institution. For warranty and support details, please see the 'AppleCare Protection Plan' at: www.apple.com/uk/support/products/ipad.html .
9.13. Colour preference (black or white) will be heeded, but cannot be guaranteed.
9.14. This is a promotional offer made in good faith and in compliance with the UK CAP code of conduct for sales promotions (see: www.cap.org.uk). If you have any comments, questions or concerns, please contact us.
10. Web sites
10.1.1.The Melissi "web sites" refer to web pages located at <http://www.melissi.co.uk> and <http://www.melissiapps.co.uk>.
10.1.2. The web
sites are provided by Scene Cinema Ltd. ‘as seen’ and subject to the terms and conditions below. By using these web sites you accept these terms and conditions:
10.2.
The materials on these web sites are provided for general information purposes only and whilst Scene Cinema Ltd. has taken all reasonable care to ensure that the materials and information are accurate and complete, no warranty or representation is given that they are free from inaccuracies or omissions.
10.3. All liability is excluded to the fullest extent permitted by law in respect of any loss or damage (whether direct, indirect or consequential) which arises in any connection with the use of or reliance upon any materials and information appearing on these web sites.
10.4.
These web sites may contain hyperlinks to web sites not created or controlled by Scene Cinema Ltd. These links are provided for convenience only, and do not imply affiliation with or endorsement by Scene Cinema Ltd. or Melissi. All liability in respect of materials appearing on any linked site is excluded.
10.5.
Scene Cinema Ltd. or its authorised agent(s) may monitor visits to this web site and retain information about its users (including, without limitation, the use of cookies and other browser-generated information, and also any personal information you provide when communicating with us). We will not provide any of this data to third parties.
10.6.
Copyright notice: Web sites: © Scene Cinema Ltd. 2010 to date.
Copyright in the pages forming these web sites belongs to Scene Cinema Ltd., unless otherwise stated. All rights are reserved.
Updated 2nd April 2012.
If you are in doubt about any of these Terms & Conditions, please contact us for clarification.
Download a PDF copy of these Terms & Conditions here: |
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