HitFilm, Ignite, Action Pro and PhotoKey are brand names of FXhome Limited (“FXhome”).
Welcome to the FXhome 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 fxhome.com to the exclusion of all other terms and conditions.
Please note that our software is not intended for use by children under the age of 13. We do not knowingly license our software or sell our digital services to children. If you are under the age of 13 we would kindly ask you to refrain from using or purchasing our software or accessing our other digital services.
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
You will be able to check, correct and modify your order up until you click the Buy Now button. Please take the time to read and check your order at each page of the order process.
After clicking the Buy Now 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. Please note that by clicking the Buy Now 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 not occur until when we issue an Order Confirmation and Acceptance e-mail.
3. Prices and payment
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 EU VAT outside of the UK 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 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:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
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:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- 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
Please note that our software is not intended for use by children under the age of 13. We do not knowingly license our software or sell our digital services to children. If you are under the age of 13 we would kindly ask you to refrain from using or purchasing our software or accessing our other digital services
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 fxhome.com/support.
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
You are entitled to cancel your purchase for any reason (other than the excepted reasons as set out below) up to 14 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.
We cannot accept returns of the following:
- Products customized for you or made to your specification (unless damaged, faulty or incorrect)
- Computer software that has been unsealed (unless damaged, faulty or incorrect)
- FXhome products bought from another retailer
- FXhome products bought from individuals or auction websites
- Not for resale, pirated, OEM bundled, try out or free of charge products or individual products obtained via a volume license purchase
- Products with faults caused by accident, neglect, misuse, or normal wear and tear
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
The following upgrade terms apply to all FXhome ‘Pro’ software products with the exception of PhotoKey:
Once you have purchased your products you have the option of upgrading after your 12 months of updates has expired.
When purchasing FXhome software, you automatically receive 12 months of free updates. To keep receiving software updates after this time, you will need to pay for another 12 months. If you already own FXhome software and have an fxhome.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.
The following upgrade terms apply to PhotoKey only:
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 an fxhome.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 subject to the following terms. We are pleased to offer you with 12 months technical support from the date of activation. If you would like to receive customer support after this period, you will need to upgrade your software.
Our technical support team will endeavour to respond to any query that it receives within 72 hours of receipt. This allows for the 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.
The FXhome forum
Keep your comments relevant to the discussion topic and abide by the Community Participation Guidelines at all times.
FXhome is not responsible for offensive or upsetting material on the 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, defamatory or upsetting to others.
Do not submit comments or choose user names that contain personal information that would identify yourself or others. For example last names, addresses, phone numbers, email addresses or other online contact details either relating to yourself or other individuals. If you are under the age of 13 please get your parent/guardian’s permission before participating in this forum. Users without this consent are not allowed to participate.
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
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 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.
Any complaints can be sent by post to the address below or can be emailed to us at firstname.lastname@example.org
FXhome Limited is a company registered in England and Wales with company number 04172812 and having its registered office at Suite 4 St Giles House, 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