Serato Terms of Sale
These terms of sale (“Terms of Sale”) apply to your order or purchase of any Serato Services and / or Products obtained by you either on a trial basis, by outright purchase from Serato Websites including within a Serato Software application, or through your uptake of a Serato Subscription.
Please read these Terms of Sale carefully before Ordering any Serato Product, and if you do not agree to any of the terms contained herein, or any of the Serato Terms as applicable, then please do not proceed with your Order.
Serato reserves the right to revise these Terms of Sale, so you should therefore read them periodically prior to making additional Orders as they may have changed since you last reviewed them.
In these Terms of Sale, the following meanings have been applied:
EULA means the End User Licence Agreement or other terms and conditions that apply to your use of any Serato Software.
Order means your offer to Purchase any Product from Serato, whether by outright purchase or by Subscription including any trial period.
Product means any Serato Software product or service that is made available for you to Order from the Serato Website.
Purchase means the acceptance by Serato of your Order in accordance with these Terms of Sale.
Serato means Serato Limited, and is also referred to as we or us.
Serato Account means a user account created on Serato.com.
Serato Software means any software product and/or any accessory, extension or expansion product provided by Serato.
Third Party Content means any content that is owned, licensed or controlled by an independent third party that is posted to, or accessed from, a Serato Service.
Third Party Software means software owned by third parties that may be installed as part of installing Serato Software or separately.
Serato Website means the Serato.com website including as accessed by any application or device.
Subscription means any of the subscriptions offered by Serato for Serato Software on the Serato Website.
You or your means the person who has purchased the Serato Product.
Acknowledgement and Acceptance of Terms and Conditions
You agree to be bound by the Serato Terms when creating a Serato Account or when making any Order for any Product or Subscription.
1. Order Process
1.1 By placing an Order through the Serato Website, you make an offer to us to Purchase the Products you have selected, on these Terms of Sale for the prices shown in your Order.
1.2 Where your Order includes a Subscription, you make an offer to us to Purchase the Subscription you have selected, on these Terms of Sale, for the subscription period shown in your Order.
1.3 If we accept your Order, we will notify you of our acceptance by issuing a Purchase confirmation by email. We reserve the right, in our discretion, to reject your Order for any reason, including if we believe your Order is fraudulent, your payment cannot be processed or if the ordered Products or Subscriptions are not available. We also reserve the right to reject your Order if there is a pricing error for the Product selected.
1.4 We reserve the right, in our discretion, to remove or restrict your access to or use of any Product or Subscription at any time if we believe you have breached any of the Serato Terms.
2. Creating, Maintaining and Changing your Serato Account
2.2 You agree to ensure your Serato Account information is up to date at all times. You may update and make changes to your Serato Account at any time including making changes to a Subscription, a selected payment method, billing cycle, and / or stopping any Subscription in accordance with provisions set out in Clause 5 below.
3. Availability and Supply of Products
3.1 The availability of Products and Subscriptions may vary depending on your location or other factors. In addition, there may be limits on where we can deliver Products or Subscriptions. We reserve the right, in our sole discretion, to restrict the availability of Products or Subscriptions including for certain countries, regions or jurisdictions and to modify, update or discontinue Products and Subscriptions (including renewals) at any time.
3.2 Subject to these Terms of Sale, we will supply you with the Products and Subscriptions indicated on your Order.
3.3 We must receive full payment for the Products and Subscriptions ordered in accordance with the payment method you have selected in your Order, before they are supplied to you.
4.1 The price of the Products displayed on the Serato Website will be included in your Order. Serato reserves the right to reject any Orders for Products or Subscriptions that include a pricing error.
4.2 Subscription fees are charged in advance on a monthly or annual basis (“Billing cycle”), depending on what Billing cycle you have selected in your Order or when making changes to the Subscription in your Serato Account. The initial fee for any Subscription will be shown in your Order. Your Subscription is non-refundable and will automatically renew for your selected renewal period at the end of each Billing cycle unless you have chosen to stop your Subscription in accordance with the Clause 5 below. The Subscription fee for renewal will be based on Serato’s current pricing immediately prior to renewal.
4.3 Serato reserves the right to change the prices for Products and Subscriptions displayed on the Serato Website at any time. If you have an ongoing Subscription we will endeavour to notify you of the price change before the end of your Billing cycle.
4.4 Unless stated otherwise, prices shown on the Serato Website exclude taxes or charges that may apply to your purchase.
4.5 Any applicable taxes will be shown during the Order process and added to the amount of your Order. We reserve the right to update and amend the pricing based on any changes to the relevant local tax, effective from the date that the change takes effect.
4.6 Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
5. Stopping or Changing your Subscription
5.1 Your Subscriptions will automatically renew for the selected period at the end of each Billing cycle based on Serato’s current pricing unless you have disabled renewal by stopping your Subscription. You are entitled to stop a Subscription at any time prior to renewal by logging into your Serato Account and selecting the cancel option. If you stop your Subscription before the end of your current Billing cycle, this will take effect at the end of the current Billing cycle. You will be able to continue using your Subscription for the period you have paid for. Unless required by law, we will not provide any refund in connection with the end of a Subscription.
5.2 You may downgrade a Subscription to one of lesser value by logging into your Serato Account and changing to a lesser value Product if available. No refunds will be paid in respect of any unused portion of your Subscription fee unless required by law.
5.3 You may upgrade your Subscription to one of greater value by logging into your Serato Account and changing to the higher value Product if available. You will be required to pay a one off fee on the date of the upgrade which will reflect the difference between the cost of the new higher value Product, less the pro-rata amounts already paid for your Subscription days remaining for the lesser value Product within your Billing cycle. The upgrade date will then become the starting date for your new Billing cycle for your Subscription to the new higher value Product.
6.1 You may pay for your Product or Subscription by using one of the methods of payment as displayed in the payment section on the Serato Website.
6.2 All online credit card transactions are secured and processed by a third party processing provider. Any payment information, excluding name and contact details, provided by you is not stored by Serato.
6.3 By providing Serato with a payment method, you:
(a) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate; and
(b) authorise Serato and its third party processing provider to charge you for any Products Purchased using your payment method.
6.4 You agree to provide true, accurate, current and complete account information and to maintain and promptly update your Serato Account and information, so that we can complete your transactions and contact you as needed in connection with your Order and Subscriptions.
7. Software Licensing
7.1 All Products or Subscriptions are licensed to you in accordance with the Serato Terms as well as the applicable EULA. You will be asked to agree to the terms of the applicable EULA at the time you install the Serato Software.
7.2 All rights, title and interest in respect of the intellectual property rights in the Serato Software remain with Serato and its applicable licensors at all times.
8. Returns and Refunds
8.1 Unless required by applicable law, Serato will not provide refunds for a Purchase so please choose carefully. We offer free trials for our Products and we encourage you to trial software products before purchasing.
8.2 If the Product you Purchased from us is faulty we will provide a remedy such as repair, replacement or refund of the purchase price, as required by the New Zealand Consumer Guarantees Act 1993 or in accordance with other applicable laws. If you believe Products purchased from us are faulty please contact our sales department at email@example.com and someone will assist you.
8.3 If you do not agree to the terms and conditions in the EULA for a Product we may in our discretion accept a return and provide a refund of your Order. If you wish to request a refund, please contact us immediately at firstname.lastname@example.org. For a refund to be processed you must have not used the Product and it will be deactivated so it cannot be used.
10. Our Liability
10.1 Nothing in these Terms of Sale will operate, or is intended to operate, to limit or exclude any liability or obligation of Serato to the extent that such liability or obligation cannot be limited or excluded under appliable law.
10.2 Subject to clause 10.1, unless expressly provided for in these Terms of Sale, in no event will Serato be liable (whether in contract, tort including negligence, or otherwise) to you for:
(a) any claim for damages, or any other monetary remedy, under these Terms of Sale or relating to any Order, Purchase or Product or Subscription, including but not limited to a claim for:
(i) loss of revenue and/or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
(ii) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, arising directly or indirectly out of these Terms of Sale or any Product or Subscription, even if Serato had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by Serato;
(b) any loss whatsoever brought about through your installation or use of any Third Party Software.
10.3 Subject to clauses 10.1 and 10.2, our maximum aggregate liability relating to any Order, Purchase, Product or Subscription whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to us in respect of the Order, Purchase, Product or Subscription in question.
11. General Terms
11.1 You indemnify Serato against all claims, losses, costs (including legal costs as between solicitor and client), expenses, demands or liability that Serato may incur in connection with your Order and use of any Product or Subscription . Furthermore you indemnify Serato against all claims, losses, costs (including legal costs as between solicitor and client), expenses, demands or liability that Serato incurs in connection with your breach of the Serato Terms, or any terms applicable to any Third Party Software, or Third Party Content.
11.2 No amendment to these Terms of Sale will be effective unless it is in writing and signed by Serato.
11.3 You are not entitled to novate or assign these Terms of Sale or any Order or Purchase to any other person without prior written consent from Serato.
11.4 If any provision of these Terms of Sale or their application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Terms of Sale and their application will not be affected and will remain in force to the greatest extent permitted by law.
12. Governing Law
These Terms of Sale will take effect as a contract made under, and be governed by, New Zealand law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Order, Product, Subscription or Software. You submit to the non-exclusive jurisdiction of the New Zealand courts.