Terms of Service updated 02/09/2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE
Welcome to the Tommy Allen Music Terms of Service provided to you by Tommy Allen Music (“Tommy Allen Music” or “we”, “us” or “our”). We are a sole trader company based in the UK with our offices based in Rugby, Warwickshire. We are committed to providing an excellent user experience, help can be found here: at firstname.lastname@example.org
Tommy Allen Music reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you.
1 PURCHASING FROM THE SHOP & CHILD SUPERVISION
1.1 You must be at least 18 years of age to agree to and enter into a contract on your own behalf. If you are under 18 but at least 13 years of age, you must present these Terms of Service to your parent or legal guardian so that he or she may consent to the terms on your behalf.
1.2 Minimum Age. Children under the age of 13 may not purchase from the shop with out the consent of your parent or legal guardian so that he or she may consent to the terms on your behalf.
1.3 Full Access. If you are a parent or guardian allowing your child purchase or access to the services. It is therefore your responsibility to determine which services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the services. You are fully responsible for his or her use of the services, including all financial charges and legal liability that incurred. If you do not agree to (or cannot comply with) any of these Terms of Service, do not register and do not attempt to access the service.
2 YOUR PERSONAL INFORMATION
3 PLACING ORDERS AND CONTRACT FORMATION
3.1 To place an order with us, add the product you want to your shopping cart and proceed to the check out by clicking on the “CHECKOUT” button, you will then be asked to select a payment method, review and complete your order by clicking on the “complete purchase” button. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 After you place an order, you will be redirected to a confirmation page acknowledging and accepting your order (“Confirmation Page”) at which point a contract between us will be formed (“Contract”). You will also receive an e-mail from us confirming your order (“Email Confirmation”). Both the Confirmation Page and the Email Confirmation will contain a summary of your order.
3.3 Once your order for Content is accepted and your payment has been authorised, your order will be available to you to download.
4 PRICE AND PAYMENT
4.1 The prices of the products will be as quoted to you at the time you submit your order. We take all reasonable care to ensure that the prices of the products are correct at the time when the relevant information was entered onto the system. However, please see clause 5.4 for what happens if we discover an error in the price of product(s) you ordered.
5.2 Prices of our products may change from time to time, but changes will not affect any order you have already placed.
5.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
4.4 You can pay for the Services using a debit card or credit card notified to you as accepted by us, or via PayPal. By submitting an order through the Service, you promise that you are authorised to use the designated Payment Methods and authorise us to charge that card or other Payment Method for the purchase amount of your order (including taxes and other amounts described on the Services). When you provide your payment information, you authorise us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event the Payment Method you designate cannot be verified is invalid or not otherwise acceptable, we may suspend or cancel your order automatically and will notify you to that effect. Payment for any products purchased via the Services must be made at the time you place your order.
5 USAGE RULES
5.1 Preview Clips. A “Preview Clip” is a portion of a song or video, or in some cases, an entire song or video) that you can play (and, if applicable, view) directly from tommyallenmusic.com on a promotional basis at no cost to you. You may play as many Preview Clips as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview Clip.
5.2 Usage Rules.
(i) You are authorised to use the Content and access Preview Clips only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the maximum extent permitted by law. The Tommy Allen Music can be contacted at email@example.com
(ii) You may not use Content or any Preview Clip as a musical ‘ringer’ in connection with mobile phone calls.
(iii) You agree that you will not use the Content or Services in whole or in part for any illegal purpose;
(iv) The delivery of Content or Preview Clips does not transfer to you any commercial or promotional use rights in same.
(v) Content in the MP3 format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
(vi) You agree that you will not (and will not permit anyone else to):
(a) copy, duplicate, modify, reverse engineer, decompile or disassemble any element of the Services or Content unless explicitly permitted under applicable mandatory law;
(b) bypass, modify, tamper, defeat, circumvent any of the security components, special rules or other applications that protect the Services, Preview Clips and Content; or
(c) use any robot, spider, data minder, crawler, scraper or other automated means to access or index the Preview Clips or Content or any portion thereof, including but not limited to any metadata associated with the Preview Clips or Content;
You agree that your purchase of Content or access to Preview Clips constitutes your acceptance of and agreement to use such Content or Preview Clips solely in accordance with the Usage Rules set out in these Terms of Service, and that any other use of the Content or the Preview Clips may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content or Preview Clips (as applicable). The Usage Rules shall govern your rights with respect to the Content. Tommy Allen Music reserves the right to modify the Usage Rules for future purchases on the Service or for ongoing access to Content, at any time. However, such changes will not apply to Content that you have already purchased and downloaded. In the event that you refuse to accept the Usage Rules, you will no longer be able to acquire Content from the Services.
6 INTELLECTUAL PROPERTY AND LICENSOR RESTRICTIONS
6.1 You acknowledge that any and all of the copyright, trade marks, trade names and other intellectual property rights subsisting or used in connection with the Services, including but not limited to all Content, Preview Clips and intellectual property rights incorporated into the Services shall remain the sole property of Tommy Allen Music, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trade marks as part of the name under which we conduct its business.
6.2 Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in the Services, Preview Clips and the Content are reserved and retained by Tommy Allen Music, the rights owner, with all rights reserved. You do not acquire any ownership rights in the Content purchased or Preview Clips accessed through the Tommy Allen Music as a result of downloading the Content or accessing the Preview Clips.
6.3 Access to Content is subject to re-download limits imposed by certain licensors. You acknowledge that you may only re-download purchased Content up to five (5) times. You are encouraged to independently back-up your Content at the earliest opportunity.
8 CANCELLATION RIGHTS
If you are a consumer and reside in the European Union and have made an online purchase from us through the Services, in addition to any other rights under these Terms of Service, you have a legal right to cancel your order without giving any reason and receive a full refund if you change your mind within fourteen (14) days of purchase (i.e. the date you receive your Email Confirmation (Cooling off period).
NOTE HOWEVER that if you redeem or consume the Content during such Cooling-off Period (e.g. start downloading or streaming the products within 14 days of purchasing them), you will not have the right to cancel your order after that point.
To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. letter sent email). If you send us your cancellation notice by e-mail your cancellation is effective from the date you sent us the e-mail.
Once you have notified us that you are cancelling your order, we will reimburse all payments received from you in respect of such cancelled order as soon as possible and in any event within 14 days of your cancellation. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise.
YOU ACKNOWLEGE AND AGREE that if you consent to Tommy Allen Music supplying you with your purchases during the Cooling-off Period, you will not have a right to cancel the order.
9 OTHER RIGHTS, REMEDIES AND REFUNDS
9.1 Irrespective of the waiver of your cancellation rights as set out in clause 8 above, where any Content purchased and accessed is defective, Tommy Allen Music will, where possible, supply the Content again and where the Content continues to be defective, a refund will be offered.
10 WARRANTIES AND LIMITATION OF LIABILITY
10.1 As stated in clause 6.4 we only supply the products for domestic and private non-commercial use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.2 We do not in any way exclude or limit our liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) any breach of the terms implied by section 12 of the Sales of Goods Act 1979 (title and quiet possession);
iv) any breach of the terms implied by section 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
v) defective products under the Consumer Protection Act 1987; and
vi) any other liability that that cannot be limited or excluded by applicable law.
10.3 Advice about your legal rights is available from your local Citizens’ Advice Bureau of Trading Standards office.
11 EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 12.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public and private telecommunications networks.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
i) we will contact you as soon as reasonably possible to notify you; and
ii) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us here firstname.lastname@example.org
12 GOVERNING LAW
These Terms of Service and all matters arising and connected with them (including but not limited to any non-contractual obligations) shall be governed by and construed in accordance with the laws of England. Each Party agrees that the courts of England have non-exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms of Service (including, without limitation, in relation to any non-contractual obligations). However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.
If any provision of these Terms of Service be held invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
In the event these Terms of Service are translated into other languages and there is a discrepancy between the two language versions, this English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
15 CHANGES TO THESE TERMS
Tommy Allen Music reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you. If we do this, we will post the amended terms on this page and will indicate the effective date at the top and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification to the primary address associated with your user account).
If you do not agree to (or cannot comply with) the Terms of Service as amended, you may stop accessing Tommy Allen Music site. You are responsible for regularly reviewing these Terms of Service on our Services and for checking your primary email address registered with us so that you will be apprised of any changes. Every time you access the Service, the Terms of Service in force at the time of your access will apply to the Contract between you and us. Your continued access of the Services after any such changes constitutes your acceptance of the amended Terms of Service.