Terms and Conditions
CAST Software, a division of CAST Group of Companies, Inc. (CAST), a limited liability company incorporated under the laws of Ontario, Canada, has been developing software and products for the entertainment and the meetings and special events industries since 1994. CAST owns and offers its software for sale, trial or licence. CAST’s software is governed by licenses which are included in the software.
How to Order
Our friendly sales associates are available to serve you from 9:00am Monday through Friday 5:30pm Eastern Standard Time in English, French, Spanish, Chinese, Russian, Italian and Romanian. For expedient service, please have ready a list of quantities and part numbers and, if paying by credit card, your MasterCard, Visa or American Express information. (Note: Calls may be recorded or monitored for quality and training purposes.)
Orders by Fax
CAST's fax can be accessed 24 hours a day, 7 days a week, 365 days a year. Fax orders received after 4:00pm EST will be processed and shipped on the next business day. Please include your daytime telephone number and/or your email address in case we have any questions about your order.
Order online
Order online @ www.viviendesign.com 24 hours a day, 7 days a week and 365 days a year. Download software orders can be delivered instantly and, provided the buyer provides valid MasterCard, Visa or American Express information, the approved serial code will be delivered the next business day. Note: It is imperative that the address on the Order match the credit card billing address. Orders for Products to be delivered that are received after 4:00pm EST will be processed and shipped on the next business day.
Sales, Shipping and Payments
Refund Policy
All sales are final.
Title and Risk of Loss.
Title and risk of loss for Products pass to Buyer (being the acquirer of a CAST product or service) at the time of shipment from CAST.
Sales Policy.
Prices are subject to change without notice. Quotations for large quantities are available on request. Contact your CAST SOFTWARE dealer or a CAST Sales representative for further information.
Payment Terms.
For Buyers with established credit with CAST, terms are net thirty (30) days from date of shipment. If credit is not established or for COD terms, please include payment with order or purchase by Visa, MasterCard or American Express. All terms will be specified on the Sales Invoice.
All payments are due in US Dollars.
CAST shall have the right to set-off and deduct for any sums owed. If a customer fails to make payment by the due date CAST may defer shipments until such payment is made, or may, at its option, cancel all or part of an unshipped order. Interest will be charged on overdue accounts at 2% per month (26.82% per annum).
Special Orders.
Special order items must meet minimum order quantity requirements at time of order.
Freight Policy.
Freight is F.O.B. shipping point. All shipping charges are for the account of the Buyer. If goods are undeliverable for 2 days, carrier will return goods to CAST and additional charges may apply.
Freight Damage.
If Product is damaged in transit, Buyer must file a claim with the carrier.
General
This Agreement shall be governed under the laws of Ontario.
General Disclaimer of Warranties; Limitation of Liability:
Products:
CAST makes no warranty, either expressed or implied, with respect to any software or hardware product (collectively, Product), and specifically disclaims all other warranties, including warranties for merchantability, non-infringement, and suitability for any particular purpose. CAST’s sole obligation and liability for Product defects shall be, at CAST’s option, to replace such defective Product or refund to customer the amount paid by the customer. Therefore, in no event shall CAST’s liability exceed the Buyer’s purchase price.
The foregoing remedy shall be subjected to Buyer’s written notification of defect and return of the defective software or product within 30 days of purchase. The foregoing remedy does not apply to software or products that, in CAST’s opinion, have been subjected to misuse (including, without limitation, static discharge), neglect, accident or modification, or to Products that have been soldered or altered during assembly, or otherwise not capable of being tested.
Technical Assistance and Modeling Services (Services):
CAST’s Services are offered as a convenience to software end users and service customers (Users). CAST’s Services personnel strive to provide useful information regarding Products. CAST does not guarantee that any information or recommendation provided is accurate, complete, or correct, and CAST shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or for a User’s reliance on such information or recommendation. The User is solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by CAST’s Services personnel and any reliance of such information or recommendation is at the User’s sole risk and discretion. Accordingly, the User releases and holds CAST harmless from and against any and all loss, liability and damage incurred by the User or any third party as a result of any information or recommendation provided to the User or the User’s reliance on such information or recommendation.
General Limitation of Liability, Products and Services:
In no event shall CAST be liable to the Buyer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any Product or Service provided of to be provided by CAST, or the use or inability to use the same, even if CAST has been advised of the possibility of such damages.
Any liability for indirect, consequential or incidental damages is expressly disclaimed by CAST. CAST’s liability in all events for all damages, losses and causes of action (whether in contract, tort or otherwise) shall be limited in the aggregate to, and, in any event, shall not exceed the purchase price paid for the Products in question.
Force Majeure.
CAST shall not be liable for any damage, cost or loss of profit of Buyer or any delay or failure in delivery or for any failure to perform caused by a force beyond its control, including, but not limited to, an act of God, action or failure to act of any government or governmental board, commission, department, bureau or authority, confiscation, war, blockade, insurrection, invasion, quarantine restrictions, riot, sabotage, acts of the public enemy, flood, fire, explosion, epidemic, landslide, lightening, earthquake, storm, accident, strike, lockout, work slowdown, work stoppage, differences with workers, embargo, power failure or shortage and any delay or failure (other than a delay or failure caused by the negligence or deliberate act or inaction of a party hereto) of supplies, equipment, labour or transportation.
Privacy Policy:
Your privacy as a customer is very important to us. We want you to know how your customer information is used.
Once you make a purchase, request a catalogue or other information from CAST, your name, shipping/mailing address, telephone number, email address and fax number are included in our customer file. This information is used to ensure a quick, efficient flow of products and services to you. This information may also be used for other purposes as outlined below.
Postal Addresses: CAST may use your address to send information to keep you updated on our most current Products and Services that may be of interest to you.
Email Addresses: Email addresses may be used to communicate information of interest to you about CAST, Order Shipment/Tracking information, Obsolete Part Bulletins, Service Change information or other CAST promotional emails. Emails may be sent by CAST or an authorized agent working for CAST. All authorized agents operate with a confidentiality agreement. Information sent in this manner will always include the “Opt Out” options. Email addresses are never rented, sold or traded to third parties.
Opt Out: You may elect to opt out of any of the above uses of your customer information by completing the “Opt Out” form in our privacy statement on our website or by contacting us by telephone, fax or mail.
Other Permitted Uses: CAST provides sale information about certain orders to many of its dealers for market research and for paying any commission owed to the dealers. Customer information is also used for marketing and market research for CAST. CAST will share customer information with government agencies if required by-law.
Note: We reserve the right to make changes to our Privacy Policy at any time without prior notification.
Contacting CAST
CAST Software
1 -- 35 Ripley Avenue
Toronto, Canada, M6S 3P2
T: 416.597.2278 or 877.989.2278; F: 416.597.9594; or info@cast-soft.com
Technical Support
Technical support to authorized Users who hold up to date memberships or subscriptions for CAST Products, as follows:
| Designated Contacts: | Registered Users only who are Members in good standing. |
Case Limit: | Unlimited for registered Product Users |
Availability: | Online Standard Support is available business days, excluding all statutory holidays. Enquiries received after 4:00pm EST will be processed on the next business day. |
Access: | Standard Support is available via phone (416.597.2278 xn 245) and email techsupport@cast-soft.com. |
Response Time: | Not greater than 2 business days. |
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