Terms of service

Our terms for the supply of digital content 

After this section you will find the Terms for Website Use

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 [or require any changes], please contact us to discuss.

2.     Information about us and how to contact us

2.1     Who we are. We are Three Digital Software Trading LLC (trading as Uscenes), a company registered in Dubai under company number 765723 and we have our registered office at Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195.

2.2.     How to contact us. You can contact us by writing to us at info@uscenes.com or Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195

2.3.     How we may contact you. If we have to contact you we will do so 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 will take place when you confirm your order on our website at www.uscenes.com, at which point a contract will come into existence between you and us.

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

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. It will help us if you can tell us the order number whenever you contact us about your order.

4.     Our products

4.1     Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

4.2     Our copyright in the products and our intellectual property rights: Three Digital Software Trading LLC owns all intellectual property rights (including copyright) in the products.

4.3 Licence to use the products for personal use in your own home: Except where clause 4.4 applies, your purchase grants you, in relation specifically and solely to your order, an irrevocable, non-exclusive, royalty-free licence to make personal use of the products you have purchased from us. For the avoidance of doubt, you may make copies of the products for your own personal, domestic use in your own home. You may not copy, modify, record, publish, distribute or reproduce our products for any other use, including but not limited to business use, or to give, sell, supply or distribute to others, and you must not seek to pass off our products as your own. We may terminate this licence if you breach these terms.


4.4 Commercial and business use: Where you have purchased a product under a commercial or business licence (or where your order expressly includes commercial rights), the personal-use restriction in clause 4.3 does not apply to that product. Instead, we grant you a non-exclusive, royalty-free licence to display, play and reproduce the product in commercial, business or public settings — including but not limited to waiting rooms, reception areas, hospitality venues, retail spaces, and healthcare or dental practices — strictly in accordance with the terms of the specific commercial licence applicable to your order. The scope, duration and permitted locations of that commercial use are set out in your commercial licence and/or at the point of purchase. You may not sub-licence, resell, redistribute or pass off the products as your own, and all restrictions in clause 4.3 regarding modification and onward distribution continue to apply. We may terminate this licence if you breach these terms.

5.     Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.

6.     Our rights to make changes

6.1     Minor changes to the products. We may change the product to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2     Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7.     Providing the products

7.1     When we will provide the products. We will make the digital content available for download by you as soon as we accept your order.

7.2     We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.3     When you own goods. You own a product once we have received payment from you for it in full.

8.     Your rights to end the contract

8.1     You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)     If what you have bought is faulty or misdescribed you may have a legal right to to get the product replaced or to end the contract, see clause 11;

(b)     If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c)     If you have just changed your mind about the product, see clauses 8.3 and 8.4. You may be able to get a refund (subject to deductions) if you are within the cooling-off period.

8.2.     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 any products which have not been provided. The reasons are:

(a)     we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b)     there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c)     we have suspended supply of the products for technical reasons, for a period of more than 2 days; or

(d)     you have a legal right to end the contract because of something we have done wrong.

8.3     Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013.

8.5.     However, you do not have a right to change your mind in respect of digital products after you have started to download or stream these products even if the cancellation period is still running.

8.6     How long do I have to change my mind?
Where you have bought digital content for immediate download or streaming, you only have until you start downloading or streaming. In delivering the digital content to you immediately, you agree when ordering that you will not have a right to change your mind.

9.     How to end the contract with us (where you have not yet downloaded the digital content)

9.1     Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)     By email. Email us at info@uscenes.com. Please provide your name, email address and details of the order.

(b)     By post. Write to us at Uscenes, Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195, and provide your name, email address and details of the order.

9.2     How we will refund you. We will refund you the price you paid for the products by the method you used for payment.

9.3     When your refund will be made. If you are exercising your right to change your mind (and you have not yet downloaded the digital content), 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 make any payment to us when it is due;

(b)     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; or

(c)     you do not, within a reasonable time, allow us to deliver the products to you (ie by way of download).

10.2     You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided.

11.     If there is a problem with the product

11.1.     How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to our customer service team at info@uscenes.com or Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195

11.2.     Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights
This is a summary of your key legal rights (which are subject to certain exceptions).
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
~     if your digital content is faulty, you are entitled to a repair or a replacement;
~     if the fault cannot be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back;
~     if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

 

11.3     Your obligation to delete rejected products. If you wish to exercise your legal rights to reject products you must delete them from your computer, phone, television or applicable hardware.

12.     Price and payment

12.1     Where to find the price for the product. The price of the product (which may include VAT, as appropriate) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.

12.2     What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.3     When you must pay and how you must pay. We accept payment with debit cards, credit cards and via Paypal. For digital content, you must pay for the products before you download them.

13.     Our responsibility for loss or damage suffered by you

13.1     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

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; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products as summarised at clause 11.2.

13.3     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 products for domestic and private use. If you use the products for any commercial, business or re-sale purpose (in breach of this agreement) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In such circumstances, you will be liable to us for breach of contract and for infringing our intellectual property rights (including but not limited to infringement of our copyright in the digital content).

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 products to you;

(b)     to process your payment for the products; and

(c)     to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2.     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. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2     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.

15.3     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.

15.4     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.

15.5     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.

Terms of Website Use

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.uscenes.com (“our Site”) as a registered user. Use of our Site includes accessing, browsing, or registering to use our Site.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our Site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

~ Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

~ Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.

~ Our Cookie Policy, which sets out information about the cookies on our Site.

~ If you purchase goods from our site, our Terms and Conditions of supply will apply to the sales.

Information about us

Our Site is operated by Three Digital Software Trading LLC. trading as Uscenes (“We” or “Us”).

We are registered in Dubai at Three Digital Software Trading LLC, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195.

Our main trading address is Uscenes, Three Digital Software Trading LL, 905 Prime Tower, Business Bay, Dubai, UAE, PO Box 414195.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our Site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Accessing our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Whilst our Site is available worldwide, we may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@uscenes.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use (as may be permitted from time-to-time) and you may draw the attention of others within your organisation (where applicable) to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without first obtaining a licence to do so from us.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must (if appropriate) obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

~ use of, or inability to use, our Site; or

~ use of or reliance on any content displayed on our Site;

If you are a business user, please note that in particular, we will not be liable for:

~ loss of profits, sales, business, or revenue;

~ business interruption;

~ loss of anticipated savings;

~ loss of business opportunity, goodwill or reputation; or

~ any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which are set out in our Terms and Conditions.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in any content you upload to our Site, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (“Rights you licence”).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our Site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our Site, you grant the following license to Three Digital Software Trading LLC. Licence number 765723, namely a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, copy and display that user generated content in connection with the service provided by our Site and across different media.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.

The website which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact info@uscenes.com.

Third party links and resources in our site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those websites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

“Uscenes” is a UK registered trade mark, owned by Three Digital Software Trading LLC.

Contact us

To contact us, please email info@uscenes.com.

Thank you for visiting our Site.