By placing an
order on http://estore.stratxsimulations.comyou are offering to purchase a product or
service on and subject to the following terms and conditions. All orders are
subject to availability and confirmation of the order price.
Dispatch times may
vary according to availability and subject to any delays resulting from electronic
or email delays or force majeure for which StratX will not be
When placing an
order you undertake that all details you provide to us are true and accurate,
that you are an authorized user of the credit or debit card, or Paypal account,
used to place your order and that there are sufficient funds to cover the cost
of the goods. All prices advertised are subject to change.
(a) Our Agreement
between us will be formed, when you have accepted our proposal by checking and
reading our Terms of Sale, and either paid by credit card/Paypal, or selected
Bank Transfer (universities/companies only)
to have an invoice issued for payment to be processed. StratXwill send you a confirmation by e-mail.
(b) Prices and Payment Terms
All prices posted on this Website are subject to change without notice. The
price charged for a product or service will be the price in effect at the time
the order is placed and will be set out in your order confirmation e-mail.
Price increases will only apply to orders placed after such changes. Posted
prices do not include taxes or charges for shipping and handling. All such
taxes and charges will be added to your merchandise total and will be itemized
in your shopping cart and in your order confirmation e-mail. We are not responsible
for pricing, typographical or other errors in any offer by us and we reserve
the right to cancel any orders arising from such errors.
(c) Simulation Participant
Activation Keys (PAKs) come with a handbook or user guide of the simulation. Each
participant taking part in aStratX simulation exercise must purchase an
individual single-usage license (PAK): PAKs will not be available for any other
course than the one it has been purchased for. A PAK may only be used once for
a full simulation exercise and may only be used by one participant in the
(d) Payments by
credit card or Paypal
your order StratX carry out a standard authorization check on your payment card
or paypal to ensure there are sufficient funds to fulfill the transaction. Your
card will be debited upon authorization being received. The monies received
upon the debiting of your card shall be treated as a deposit against the value
of the goods you wish to purchase. Once the goods have been dispatched and you have
been sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
(e) Payments by bank transfer
your order StratX shall wait for your payment to be received on its bank
account to dispatch the goods. The monies received shall be treated as a
deposit against the value of the goods you wish to purchase. Once the goods
have been dispatched and you have been sent a confirmation email the monies
paid as a deposit shall be used as consideration for the value of goods you
have purchased as listed in the confirmation email.
Payments by bank
transfer must be received in full on the StratX bank account. You will have to
transfer the value of goods you have purchased as listed in the confirmation
email and will be responsible for covering bank and transfer associated
(f) Refund policy
All sales are final and StratX
does not accept any returns or apply refunds.
displayed or purchased on this website is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to the
contrary to the fullest extent permitted by law http://estore.stratxsimulations.com/
and its suppliers, content providers and advertisers hereby expressly exclude
all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this website
or the linked sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise.
Agreement is effective by and between STRATX S.A., a corporation having a usual
place of business in France at 15 avenue de l’Opéra, 75001 Paris
("Licensor") and course participants and instructors for the use of a
STRATX’ simulation, including Markstrat, BrandPRO, MixPRO, BOSS, Markops
directly distributes its products to Licensees for programs taking place in
Europe, Middle East, Asia and Africa. For programs taking place in North and
South America, STRATX S.A. licenses its products to its subsidiary based at 222
Third Street, Cambridge, USA to distribute to Licensees.
acknowledges that the software used (whether in the form of source code, object
code or otherwise, and regardless of the form in which the software embodies)
is confidential and proprietary to STRATX S.A. (which is referred to in this
Agreement as STRATX).
agreement applies to the software downloaded or accessed via a web browser, and
the documentation (hereinafter called the "StratX’ Simulation products").
ownership rights and title to the StratX’ Simulation products remain with
STRATX. The Licensee agrees that the StratX’
Simulation products, documentation, ideas, structure, concepts, and design
involved in connection therewith, are STRATX’ proprietary information and trade
hereby agrees to grant the Licensee, who receives the StratX’ Simulation products,
and the Licensee accepts a nontransferable and non-exclusive License to use the
StratX’ Simulation products, for the duration of the course, subject to the
terms and conditions herein. The Licensee accepts
the terms and conditions by clicking on the ‘I Accept’ button.
may not make alterations to or in the StratX’ Simulation products. The License may not translate or transfer the
StratX’ Simulation products or documentation, decompose, disassemble or reverse
engineer the StratX’ Simulation products, or convert the StratX’ Simulation products
to another programming language, without the express written permission of
Simulation products are copyrighted. The
Licensee shall not remove any copyright notices or other proprietary legends
from the StratX’ Simulation products.
shall safeguard all copies of the StratX’ Simulation products against
unauthorized disclosure and take such steps as are necessary to insure that the
provisions of this Agreement are not violated by an employee, or agent of the
licenses the StratX’ Simulation products to the Licensee "as
is." Except as expressly provided
for in this agreement, STRATX makes no warranty, expressed or implied, and
disclaims all implied warranties, including implied warranties of merchant
ability and fitness for a particular purpose.
STRATX’ sole obligation shall be to repair or replace, as its option, nonfunctioning or malfunctioning software if notified of the same within
90 days after the software has been delivered to the Licensee.
and remedy set forth above are exclusive and in lieu of all others, oral,
written, expressed or implied. No STRATX
distributor, dealer, agent or employee is authorized to make any modification,
extension, or addition to this warranty.
In all cases, the liability of STRATX to the
Licensee for any claim arising from the Licensee's use of the StratX’
Simulation products, shall be limited to the license fee paid to STRATX by the
Licensee. In no event will STRATX be
liable for any other direct, indirect, special, incidental, punitive or
consequential damages or financial harm suffered by any person resulting from
any defect in the software or the accompanying documentation, even if STRATX is
advised of the possibility of such damages.
Immediately upon receiving notice of termination
of this Agreement, the Licensee will return to STRATX, the StratX’ Simulation
products and any and all copies of all or any part of the StratX’ Simulation
products in the Licensee's possession or under its control, and will certify in
writing that it has done so. Moreover,
the Licensee will deliver to STRATX any information that it has regarding the
possession by third parties of the StratX’ Simulation products. Failure to do any of the above will affect
present contracts and all future contracts.