Terms and Conditions

[Merlin_AZ]

"We will disclose your Personal Information to the extent required in the event it must respond to subpoenas, court orders or other legal process."

If the RIAA asks for our names and addresses, you guys will gladly hand them over???

[Tom]

"We will disclose your Personal Information to the extent required in the event it must respond to subpoenas, court orders or other legal process."

If the RIAA asks for our names and addresses, you guys will gladly hand them over???

No, for sure not.

Due to credit card regulations we must store some personal data in case a customer is trying to sue SlySoft regarding a credit card transaction. But we will never ever give this data to a third party organistation.

We are (indeed physically) based in Antigua, a DMCA/RIAA/GWB free country - so there will be no headache at all.

[fawkes]

I was thinking of purchasing your software and read your terms and conditions however i noticed the following

No Refunds or Exchanges Will Be Made. Our products are sold as a "try-before-buy" software. You can try them 21 days for free, so you have enough time to check our products and its functions. SlySoft Ltd. doesn't refund your money if you are not satisfied with our products - so take your chance and test it out before you press the order button now!

This statement is contary to online trading standards.

WHAT DOES THE LAW PROHIBIT?
The law prohibits the display of signs or notices which state or imply that a consumer, with a genuine complaint, would not be able to pursue his claim against the trader.

WHAT STATEMENTS ARE PROHIBITED?
Any statement which would cause a reasonable person to conclude that he would not be able to pursue a justified claim against a retailer would be prohibited and therefore illegal. Examples of statements which the courts have deemed illegal are as follows:

a) 'No Cash Refunds
b) 'No Sale Goods Exchanged or Money Refunded
c) 'Sold as Seen and Inspected
d) 'Please Examine Your Goods with Care Because our Liability Ends Once they Leave the Premises
e) 'No Refunds or Exchanges

As you are clearly in breach of the trading standards law i wonder how many people have not fully read your terms and conditions and have been unable to claim a legaly entitled to refund in the event that the software did not meet their requerments or were faulty in some respect rendering them not suitable for the reason they purchased them.

would you care to comment on this ?

[DetroitBaseball]

Do these laws apply in Antigua?

[James]

I was thinking of purchasing your software and read your terms and conditions however i noticed the following

This statement is contary to online trading standards.

No, because a license key is "individually manufactured" to the name / address of the person who ordered is.

[fawkes]

Having looked further into online trading

By law if you are trading online you actually have to give a refund within 7 days (no questions asked)

So i think your company is flaunting the law in this respect.

[DetroitBaseball]

Having looked further into online trading

By law if you are trading online you actually have to give a refund within 7 days (no questions asked)

So i think your company is flaunting the law in this respect.
Do these laws apply in Antigua?

[James]

Having looked further into online trading

By law if you are trading online you actually have to give a refund within 7 days (no questions asked)

So i think your company is flaunting the law in this respect.
Read again. Your license code is individually made for you, it is not a shrink wrapped mass product.

[fawkes]

@DetroitBaseball

Do these laws apply in Antigua?

Yes they do, simply having your company registerd in Antigua does not exempt you from online trading legislation otherwise all companys would register there.

@James

Read again. Your license code is individually made for you, it is not a shrink wrapped mass product.

This comment is not valid, there is no exception to the tradings standard law
I will be happy if you could point me in the correct direction to confirm your point.

The law prohibits the display of signs or notices which state or imply that a consumer, with a genuine complaint, would not be able to pursue his claim against the trader.

[Webslinger]

This comment is not valid, there is no exception to the tradings standard law
I will be happy if you could point me in the correct direction to confirm your point.

http://www.glasgow.gov.uk/en/Residents/GettingAdvice/ConsumerAdvice/Knowyourrights/

"You cannot cancel when:

*
a service begins, with your agreement, within the 7-day cancellation period
*
you purchase goods or services whose price is dependent on fluctuations in the financial market
*
goods are made to your personal specification
*
goods cannot by their nature be returned (e.g. Electricity) or are subject to rapid deterioration (e.g. Flowers)
*
sealed audio or video recordings or computer software, where the seal has been broken
*
newspapers, periodicals or magazines
*
betting, gaming or lottery services"


Also note that a 21 day free trial exceeds any 7 day time frame.

[fawkes]

Your link was interesting and served to confirm my original concern that you are in breach of the "trading standards laws".

"No Refunds" Notices
notices which indicate that refunds are never available are illegal and have no affect on consumer rights
you should report any trader displaying such a notice to TS
notices stating there are no refunds on sale goods are similarly of no effect

You state
goods are made to your personal specification

This would be true if I asked for a specific program tailored to my specifications a registration\serial number does not fall into this category the software is what I would be purchasing and this has not been made to my "personal specification" a serial number only allows me to use the product I have purchased and does not have a detrimental effect on the way the product performs

As I may be wrong I have contacted the Trading Standards Unit for clarification on the points above.

[Webslinger]

Your link was interesting and served to confirm my original concern that you are in breach of the "trading standards laws".


You would be mistaken.


This would be true if I asked for a specific program tailored to my specifications a registration\serial number does not fall into this category the software is what I would be purchasing

No. You are purchasing a license that grants you the use of the software in a specific manner. And that license code, in this case, is specifically made for you (involves your name, for one). You do not own the software. Moreover, the software is not delivered to you. In fact, what is sent to you is your personalized license key.

This, by the way, generally holds true for movie dvds that you buy as well. You don't own the movie. You own the right to watch it in a specific manner.

As I may be wrong I have contacted the Trading Standards Unit for clarification on the points above.

This sort of thing has cropped up before in Slysoft's line of work, and you certainly aren't the first one to enquire about it--nor will you be the last.