PhotoKey is a brand name of FXHOME Limited ("FXHOME").

Welcome to the FXHOME PhotoKey Terms and Conditions. It is recommended that you print and keep a copy of these Terms and Conditions for future reference.

1. These terms and conditions

These Terms and Conditions (“Terms”) shall apply to the purchase of software and other products by you from PhotoKey.com to the exclusion of all other terms and conditions.

We may amend these Terms from time to time. Every time you place an order with us, the Terms in force at the time of your order will apply to the contract between you and us

These Terms do not affect your statutory rights.

2. Order process

Online Orders

You will be able to check, correct and modify your order up until you click the Confirm Order button. Please take the time to read and check your order at each page of the order process.

After clicking the Confirm Order button we will acknowledge receipt of your order by providing you with an Order Number and details of your order. We will send the same details to you in an Order Confirmation e-mail. By clicking the Confirm Order button you make an offer to us to purchase the products you have selected subject to these Terms and Conditions.

Acceptance of your order and the creation of a legally binding contract between us will occur when we issue an Order Confirmation e-mail.

3. Prices and payment

During the order process you may select the currency with which you wish to pay.

All prices are inclusive of VAT (where applicable). All UK and EU payments will have the VAT included in the purchase price. Business customers registered for VAT in the EU should contact us directly to make their order.

FXHOME are not responsible for any tax or duty for customers based outside of the UK and EU. These customers should, at the end of their calendar tax year, report all online purchases to the relevant authority.

The total cost of your order (including all tax) will be clearly stated in your Purchase page before you submit your order.

Whilst we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel having already paid for the products, you will receive a full refund.

We accept the following payment methods: Mastercard, Visa, Switch, PayPal, Solo, Maestro, and Visa Electron. Payment is deducted when we process your order.

4. Our liability

We only supply our software and other products to business customers for internal business use by your business and to consumers for domestic and private use only.

Nothing in these Terms limits or excludes our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. defective products under the Consumer Protection Act 1987.

Subject to the above we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract between us for:

  1. any loss of profits, sales, business, or revenue;
  2. loss or corruption of data, information or software; loss of business opportunity;
  3. loss of anticipated savings;
  4. loss of goodwill; or
  5. any indirect or consequential loss.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to our software and other products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

5. Age requirements on orders

If you order a product with a minimum age requirement, by ordering you confirm that you are of the required age and that you have a parent or guardian’s permission to order our product.

6. ​Operating requirements

It is your responsibility to carefully check the operating system requirements for all of our software and other products. These can be found on our website at: http://fxhome.com/photokey/specs#requirements

Please note that if you download a demo version of our software or other products these versions will not have the complete functionality of the full version.

7. Cancellations and Returns

Cancellation

You are entitled to cancel your purchase for any reason (other than the excepted reasons as set out below) up to 14 working days after the date of purchase.

To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement sent to our Customer Support Team, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address so we can confirm the returns procedure and process any refund that might be owed to you. We will offer you the opportunity to replace the products cancelled.

You should return the goods to us at your cost within 14 days of such cancellation The products must be returned in "as new" condition (unless returned because damaged) and complete with any accessories or free gifts offered with the purchase. If you are returning a bundle you must return all the items it included.

During the period between receiving and returning the products you must retain possession and take reasonable care of the products.

On receipt of your returned products you will receive a refund within 30 days.

Excepted reasons

We cannot accept returns of the following:

Technical Problems

On discovery of a fault you should contact us via Support indicating the function you were using when you experienced the problem and any error message. As faults are uncommon it is likely we will be able to resolve your problem.

If we are unable to find a resolution to the technical problem we will agree a return. On receipt of the item we will test it to understand the problems. If we agree there is a problem we will offer you a full refund or exchange. Products found not to be faulty may be returned to you.

We will not be held responsible if the products bought are incompatible with your system or for incompatibilities caused by equipment that has been modified to disable regional encoding. As a result we recommend that you check the product in an alternative machine before returning.

This returns policy does not affect your legal rights.

FXHOME will not be responsible for 3rd party transaction fees for purchases or returns.

8. Software upgrades

Once you have purchased your products you may have the option of updating or upgrading as and when new versions become available.

Minor updates, or "version point updates" (e.g. version 2.1 to 2.2 or 4.4 to 4.5 etc) which typically include small functional updates, maintenance of compatibilities and bug fixes are free of charge to existing owners of the software. You will usually be prompted to update when you launch the program but are not obliged to do so. You must be connected to the internet to receive updates.

Major updates, or "version updates" (e.g. version 2 to version 3) typically have significant improvements and new features and as a result will be charged for. If you already own PhotoKey software and have a PhotoKey.com account you may be eligible to receive special offers or upgrades via your account. You are not obliged to update your software but must be connected to the internet if you wish to do so.

9. Technical support

You will be provided with technical support for your software. We are pleased to guarantee you with a minimum of 12 months technical support following the date of purchase however we do aim to provide our customers with support throughout the lifetime of our software. If we discontinue or replace our products we may not be able to continue providing support for those products and therefore you should consider migrating to active products which receive ongoing technical support if your software have been discontinued or replaced.

Our technical support team will endeavour to respond to any query that it receives within 72 hours of receipt. This allows for the time differences in time zones and weekends.

10. The website

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look appearance and graphics. Reproduction is prohibited other than in accordance with the provisions of these terms and conditions.

We own the copyright, trademarks and all other intellectual property rights in all material and content on this website and Learning Material produced by FXHOME, other than those which are specifically acknowledged. You may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

FXHOME is not responsible for offensive or upsetting material on the movie wall or forums and the views expressed by other users on our site do not represent our views or values. We have the right to remove any posting you make on our site if, in our opinion, it might be considered offensive or upsetting to others.

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.

Links to other websites

Our website may contain links to other websites. If you use these links you will leave our site and will no longer be governed by our Terms and Conditions and Privacy Policy. The links do not signify that we endorse the website(s). We are not responsible for and have no control over the content of other websites or the protection and privacy of any information you provide whilst visiting such sites and will not be held liable for such. We recommend you exercise caution and look at the privacy statement applicable to the website in question.

11. General

These Terms and Conditions, and all transactions relating to this website and all non-contractual obligations arising from any transaction carried out on this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Your data protection rights are set out in our Privacy Policy.

Any complaints can be sent by post to the address below or can be emailed to us at info@fxhome.com

FXHOME Limited is a company registered in England and Wales with company number 04172812 and having its registered office at Suite 4, 27 St Giles Street, Norwich, Norfolk, UK, NR2 1JN, VAT No. GB770403942.


ODR platform (Art. 14 of EU Regulation No 524/2013): http://ec.europa.eu/consumers/odr/