Terms & Conditions

Please read these Terms & Conditions carefully and regularly with regards to various uses of this website, online store and the purchasing of goods.

1. These terms

1.1 What these terms cover.

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2 Why you should read them.

Please read these terms carefully before you submit your order to us.

These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are.

We are Kartsim Limited a company registered in England and Wales.

Our company registration number is 10643988 and our registered office is at Nicholas House, River Front, Enfield, Middlesex, EN1 3FG.
Our registered VAT number is 270876183 (Licensor, us or we).

2.2 How to contact us.

You can contact us by telephoning our customer service team at +44(0)1327 226 976 or by writing to us at tony@kart-sim.com

2.3 How we may contact you.

If we have 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.

2.4 "Writing" includes emails.

When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order.

Our acceptance of your order is when payment is received and these terms and conditions are agreed at which point a contract will come into existence between you and us.

Upon acceptance of your order we will request your steam id64 key (Steam Key) and the Software available to you and downloaded automatically when we activate your steam key and you log into your
steam account.
We will write to you when the software is available to download.

You will require an rfactor2 license to be able to run our software.

3.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.

This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number.

We will assign an order number to your order and tell you what it is when we accept your order, this will be the same as your invoice number. It will help us if you can tell us the order number whenever you contact us about your order.

4. License

This clause contains the legal licence agreement (Licence) between you (Licensee or you) and the Licensor for:
(a) KartSim Pro computer software (Software) including the Steam Key, which will provide access to the download of the Software.

We license use of the Software to you on the basis of this Licence. We do not sell the Software to you.
We remain the owners of the Software at all times.

In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this
Licence.

Updates to the software are only included until the end of this calendar year. There will be an upgrade fee if you wish to receive updates in subsequent calendar years.

You may:
(a) install and use the Software for your personal purposes only on one central processing unit (CPU);
(b) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time (but see clause 5.6).

We may update or require you to update the Software.

We do not warrant that your use of the Software will be uninterrupted or error free or that the Software will meet your requirements.

We are not responsible to you for any delays, delivery failures or other loss of damage resulting from the transfer of data over communications networks or the internet and you acknowledge the Software may be subject to limitations and other problems inherent in the use of such communications facilities.

5. Restrictions

5.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a) not to copy the Software (including the Steam Key), except where such copying is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, licence, sub-license, re-sell, distribute, disclose, loan, or otherwise commercially exploit, or make available to any third party, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

(c) not to access all or any part of the Software in order to build a similar product or service or to use the Software or Documentation for any commercial purposes;

(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent permitted by law provided that the information obtained by you during such activities:

(i) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(ii) is not used to create any software that is substantially similar in its expression to the Software;

(e) 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;

(f) to include our copyright notice on all entire and partial copies of the Software in any form;

(g) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; and

(h) to comply with all applicable technology control or export laws and regulations.

6. Intellectual Property Rights

You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no
intellectual property rights in, or to, the Software or the Documentation other than the right to use the Software and the Documentation in accordance with the terms of this Licence.

You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.

7. Our rights to make changes

7.1 Minor changes to the Software.

We may change the or update Software:
(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Software;

(c) to make updates and upgrades to the kart and track models.

7.2 Delays

We are not responsible for delays outside our control. If our supply of the Software is delayed by an event outside our control then we will aim to contact you as soon as possible to let you know and we will
use our reasonable endeavours to minimise the effect of the delay.

We will not be liable for delays caused by the event.

7.3 What will happen if you do not give required information to us.

We may need certain information from you so that we can supply the Software to you, for example, your name, email address, Steam user ID, address and telephone. If so, this will have been stated in the description of the Software on our website.
We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract.

We will not be responsible for supplying the Software late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.4 Reasons we may suspend the supply of Software to you.

We may have to suspend the supply of Software to:

(a) deal with technical problems or make minor technical changes;
(b) update the Software to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Software as requested by you or notified by us to you (see clause 7.).

7.5 Your rights if we suspend the supply of Software.

We will contact you in advance to tell you we will be suspending supply of the Software, unless the problem is urgent or an emergency.

If we have to suspend the Software for longer than 14 days in this calendar year, we will adjust the price so that you do not pay for Software while they are suspended.

You may contact us to end the contract for a Software if we suspend it, or tell you we are going to suspend it this calendar year, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Software in respect of the period after you end the contract.

8. Your rights to end the contract

8.1 Ending the contract because of something we have done or are going to do.

If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you
in full for the time in this calendar year the Software which has not been provided. The reasons are:

(a) we have told you about an error in the price of the Software you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Software may be significantly delayed because of events outside our control;
(c) we have suspended supply of the Software this calendar year for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14
days; or
(d) you have a legal right to end the contract because of something we have done wrong.

8.2 When you don't have the right to change your mind.

You do not have a right to change your mind in respect of digital products after you have started to download or stream these, this includes the Software.

8.3 How long do I have to change my mind?

How long you have depends on what you have ordered and how it is delivered. Where you have bought digital content for download or streaming, including the Software you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract.

To end the contract with us, please let us know by:
(a) Phone or email. Call customer services on +44 (0) 1327226976 or email us at sales@kartsim.com

Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 How we will refund you.

We will refund you the price you paid for the Software by the method you used for payment provided that you are entitled to cancel and have done so within 14 days of providing
your Steam id64 and without downloading the Software.

9.3 When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract if you break it.

We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, [your email address, name, Steam ID, phone number and address;
(b) we suspect or discover that you have used or plan to use the Software [and/or Documentation] for commercial purposes or otherwise than a consumer, or otherwise in breach of this contract;
(c) if you commit any breach of these terms and conditions.

10.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 5.1(b)
We may deduct or charge you a fee of £10,000 plus VAT for each calendar or part there off the software has been used being the licence fee for using the Software for commercial purposes.

11. If there is a problem with the product

If you have any questions or complaints about the product, please contact us. You can email our customer service team at tony@kart-sim.com

12. Price and payment

12.1 Where to find the price for the product.

The price of the Software will be is listed on the software tab of our website www.kart-sim.com. The price advertised is ex VAT. We take all reasonable care to ensure that the price of the Software advised to you is correct.

12.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the Software, we will adjust the rate of VAT that you pay, unless you have already paid for the Software in full before the change in the rate of VAT takes effect.

12.3 When you must pay and how you must pay.

We accept payment by bacs our bank account details will be provided in the invoice we send to you. You must pay for the Software before you download it.

12.4 What to do if you think an invoice is wrong.

If you think an invoice is wrong please contact us promptly to let us know.

13. Liability

13.1 Liability to you

Our liability to you or in connection with this agreement (whether in law, contract or tort) shall be limited to an amount equal to the price as set out in clause 12.1

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Software; and for defective products under the Consumer Protection Act 1987.

13.3 Defective Content

If defective digital content 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 system requirements advised by us.

13.4 We are not liable for business losses.

We only supply the Software to you for domestic and private use. If you use the Software for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity..

14. How we may use your personal information

14.1 How we will use your personal information.

We will use the personal information you provide to us:
(a) to supply the Software to you;
(b) to process your payment for the Software; and
(c) if you agreed to this during the order process, to give you information about similar Software that we provide, but you may stop receiving this at any time by contacting us.

14.2 Supply of personal information

We will only give your personal information to third parties where the law either requires or allows us to do so.

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You may not transfer your rights or your obligations under these terms to another person.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
For example, if you miss a payment and we do not chase you but we continue to provide the Software, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English
courts.

16. Disclaimer

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Policies.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Agreement

I hereby consent to immediate performance of the contract and acknowledge that I will lose my right of withdrawal from the contract once the download or streaming of the digital content has begun.