Terms and Conditions of Website Use and Commercial Terms
Please read this carefully. By accessing this web site you are agreeing to the terms and conditions that appear below. If you have any comments or questions, please contact us at firstname.lastname@example.org
This website is run by Customers on DEMAND, a trading name of Global Marketers Ltd.
In making use of the web site you agree to abide by any and all of the following terms and conditions governing use of the web site (“Acceptable Use Policy”). No charge is made by Customers on DEMAND for your use of the website, though you should be aware that local telephone call charges at rates as publicised by your telephone operator may apply. We hold no responsibility for charges incurred when calling our telephone number. Mobile telephone charges can vary, and so it is your responsibility to check how much your call charges will cost.
Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
All material on the web site and any material sent to you by e-mail or any other form (“the content”) belongs to us or our licensors. You may retrieve and display content from the web site on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal, non-commercial use.
We, Customers on DEMAND, own the copyright and all other intellectual property rights associated with the content, save where otherwise stated.
Except as specifically stated in these terms, you may not do any of the following without prior written permission from us:
- Reproduce, modify or in any way domestically or commercially exploit any of the content;
- Redistribute any of the content (including by using it as part of any library, archive or similar service);
- Remove the copyright or trademark notice(s) from any copies of content made in accordance with these terms;
- Create a database in electronic or structured manual form by systematically downloading and storing all and any of the content. Requests to republish, redistribute or link to content should be addressed to Customers on DEMAND at email@example.com
You agree not to:
- Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
- Modify, access or make available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
- Make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
- Damage, interfere with or disrupt access to the web site or do anything which may interrupt or impair their functionality;
- Save as authorised in these terms, make any commercial or business use of the web site or resell or commercially benefit from any part or aspect of the web site;
- Publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
- Threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
- Falsify the true ownership of software or other material or information contained in files made available via the web site;
- Obtain or attempt to obtain unauthorised access, through whatever means, to the website, other services or computer systems or areas of our or any of our partner’s networks which are identified as restricted;
- Set up links to the website, except to the home page of Customers on DEMAND (www.customersondemand.co.uk) without express written permission from Customer on DEMAND
We retain the absolute right to prevent you accessing the web site, without prejudice to any of our accrued rights, where we in our sole discretion consider that you are contravening our Acceptable Use Policy or any other aspect of these terms.
Where the web site requires that you register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.
- Any other person sharing your user name and password;
- Access through a single user name and password being made available to multiple users on a network.
When you register to use the web site, you will be obliged to click on an icon indicating that you have read, understood and accepted these terms and conditions. You will not be allowed to register unless you indicate your acceptance of these terms and any other terms and conditions that may apply.
We will not respond unless required to do so by law to any electronic mail (“e-mail”) which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
Unless you indicate to the contrary all e-mails received will be taken to be submitted, where appropriate, for publication, free of charge. If we decide to publish an e-mail from you on the web site we will incur no liability to you by doing so.
Where appropriate we will endeavour to respond to e-mails within 2 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately and if you are unsure of the correct destination for your e-mail please contact firstname.lastname@example.org
You agree that we have no control over third party content and information which can be accessed using the web site and that we do not examine or edit the use to which you or others put the web site or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information.
You furthermore agree to indemnify us in the manner set out below in these terms in relation to your use in any way of the web site.
We reserve the right to remove any information/material we deem to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the web site or for any disruption of the web site however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.
We provide the web site on an “as is” basis and make no representations or warranties of any kind as to the web site or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the web site. Any liability, however, it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the web site and/or a breach of the Acceptable Use Policy and/or any of these terms.
Software and Security
We are not responsible for any technical or other issues that may arise if you download software from an external third party website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the website.
Changes to these Terms and Conditions
We reserve the right to make changes to any part of the web site. Due to our policy of updating and improving the web site, it may, therefore, be necessary to change these terms.
In the event that we change the terms, we will notify you by providing a clear link within the relevant web site to the detailed changes. If you use the web site after we have published or notified you of the changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the web site.
Advertising and Sponsorship
We may terminate the provision of the web site or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the web site; (2) any event beyond our reasonable control prevents us from continuing to provide the web site (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the services provided by the web site or are otherwise acting in breach of these terms.
As this is a shared service with other users, you agree that if the demand for the services provided by the web site is in excess of our ability to meet the capacity, we may either share the capacity among all users or we may give you notice by e-mail that the provision of the web site will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.
These terms shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms.
For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
Choice of Law and Jurisdiction
Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the web site and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in these terms in relation to such dealings.
You may not assign, sub-license or otherwise transfer any of your rights under these terms. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
Customers on DEMAND are their own internet representative, and any web related concerns should be brought to their attention. If you find a design fault or broken link please contact email@example.com or telephone oir offices on UK 023 8000 5544.
If you have any queries concerning any part of these terms and the privacy and e-mail policies contained in them, please contact us at firstname.lastname@example.org
Commercial Terms and Conditions
Terms and Conditions of Sale
Please read these terms and conditions carefully before ordering any of the Digital or Physical products from our sites. They’re pretty straightforward really; we sell stuff, you buy stuff for your personal use, we treat the transaction fairly and we all get on with making a living.
If you have any queries concerning these terms please contact us by email at email@example.com before placing an order with us.
- Information about Us
- How these terms apply to the sale of products
- About You
- Digital Products
- Requirements to access the Digital Products
- Placing an order; and the contract between You and Us
- Availability and Delivery
- Price and Payment
- Cancellations and Refunds
- Termination of your Account
- Our liability to You
- Written communications
- Transfer of Rights and Obligations
- Events outside of our control
- Severability and 3rd Party Rights
- Entire Agreement
- Our right to vary these Terms and Conditions
- Law and Jurisdiction
- Questions or Complaints?
1. Information about Us
customersondemnd.co.uk, globalmarketers.com, (the “sites”), are websites operated by Global Marketers Trading as Customers on DEMAND (“us” or “we”). We’re registered in England and Wales under company number 10477786 with our registered office at The Rumpus, St Clairs Farm, Wickham Road, Droford, SO32 3PW, United Kingdom.. Our telephone number is 023 8000 5544
2. How these terms apply to the sale of Products
- Digital downloads of audio products to your computer or mobile device
- Digital downloads of video products to your computer or mobile device
- Streaming of video or audio products via this site
(collectively described as the “Digital Products“)
- Other Merchandise (e.g. T-shirts, books, posters etc.)
- Gift vouchers
- Event tickets
(collectively described as the “Physical Products”).
2.1 Each time that you purchase Products through this site, you will be required to confirm that you have read, understood and accept our conditions of sale. You will not be able to purchase anything through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us at firstname.lastname@example.org before placing any order.
2.2 We recommend you review these terms and conditions each time you purchase either Digital or Physical Products and print a copy of these terms and conditions for your future reference.
3. About You
3.1 By placing an order for Digital or Physical Products through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts and that you are at least 18 years old.
3.1.2 You are purchasing our Video and Audio Products for your private, non-commercial use only and that you will not copy, record, edit, clip, rent, hire, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with individuals or other organisations for the purposes of viewing the content outside of your immediate setting in whole or in part other than may be allowed under the terms of any license agreement afforded to you as a part of the sale.
4. Digital Products
4.1 We provide a mechanism on our sites that allows you to access, stream or purchase permanent downloads of Digital Products (including information related to these products e.g. Action Sheets and other support materials).
4.2 All of the Digital Products available through our sites are owned or controlled by our group companies, our licensors, or us and are protected by intellectual property rights.
4.3 Any streaming or use of Audio and Video Digital or Physical Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price for any of these Products, we grant you a non-exclusive, non-transferable license to use the Products for your own personal, non-commercial use in accordance with these terms of sale. If you are a business owner, you are additionally entitled to use our materials with groups of employees within your own business for the purposes of planning and overall business improvement.
4.4 You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and/or permanent downloads). Nothing in these terms of sale grants you any rights other than those expressly set out herein. These terms do not grant you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product.
4.5 We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of this site, its storage facilities or other electronic services associated with the delivery of products to you.
4.6 Permanent downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for your own personal, non-commercial use and you must adhere to any and all usage restrictions that apply to the Digital Product (including those set out at sections 4.3, 4.4).
4.7 You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence.
4.8 If you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device.
4.9 Watermarking To prevent unauthorised use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.
4.10 Where you have purchased access to a Digital Product via streaming from one of our sites, we grant to you a non-exclusive, non-transferable right to access streams of Digital Products where these may be made available by us on any of our sites solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale.
4.11 You may not in relation to any Digital Products available as streams through this site:
4.11.1 store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;
4.11.2 circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site.
5. Requirements to access the Digital Product services
5.1 In order to access and download Digital Products you will need:
Internet access and a computer with at least the following minimum specifications:
Intel Pentium III 1GHz or faster processor, 512MB of RAM Recommended: Pentium 4 2GHZ or faster, 1GB RAM. Intel Core Duo 1.83GHz or faster processor; PowerPC G4 1GHz or faster processor
Windows 7, Windows Vista Home Premium, Business, Ultimate, or Enterprise including 64 bit editions, Windows Vista SP1, Windows XP Tablet PC Edition SP2 and SP3, Windows XP SP2 and SP3, Windows 2000 SP4, Windows 2003 Server, Mac OS X 10.4.11 or Mac OS X 10.5.4, 10.5.5, and 10.6.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Products functions correctly with this site.
5.2 We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets although our products are compatible with most mainstream devices.
5.3 You acknowledge that due to industry/technology developments, the nature of the Digital Products offered (including the format of files, operating systems, downloading software etc.) and the system requirements may change from time to time. We shall use reasonable endeavours to update our site with information relating to system requirements.
6. Placing an order and the contract between You and Us
6.1 After placing an order for a Digital Product via our site, you will receive an on-screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order.
6.2 The contract for the purchase of any Digital Product will be between you and us and will only be formed when we have received payment in full for the Digital Product you are purchasing and we make the Digital Product available for download or provide you with streaming access that you have paid for. Until we make the Digital Product available for download and receive payment in full there is no contract between you and us for the Digital Products. We reserve the right, in our sole discretion to reject any order we receive.
6.3 The contract for purchase of a membership or subscription to some of our products will also be made between you and us when we have received payment for the part of the programme that a particular subscription payment covers, and we make Digital Product available for download, provide you with streaming access to that portion of the programme that has been paid for or send you the physical product in the form of a CD or DVD and accompanying materials.
6.3.1 Payments will always be requested from you or taken from you (depending on which payment methodology has been selected) in advance of the delivery of the next portion of any membership or subscription programme. Failure to make the next payment will result in the cancellation of the contract between us for the delivery of the next portion of the programme.
6.3.2 Product that is sent to you on approval with a deferred payment date set at a point in the future does not constitute a contract between you and us until payment is made or taken for the next part of the subscription programme. Neither does the acceptance of product on approval constitute the intention to enter into a contract to continue with the whole of the programme. Either party is free to cancel further payments or provision of the programme at any time by giving appropriate notice of cancellation (see 9.2.3 Cancellation of Subscription programmes). A product that has been sent to you on approval (e.g. 1st month free) and before a payment is taken will be considered as having been sent to you for free, and you may retain the right to enjoy this material in any regard in accordance with the license arrangements stipulated within this agreement.
6.4 For Physical Product, the contract is made between you and us when you have paid for a physical product to be delivered to you. You have the right to cancel the contract before shipment has been made, but not after it. (See Section 9 for cancellations)
7. Availability and Delivery
7.1 All Products featured on our site are subject to availability. We reserve the right to change or remove a Product or other content on the site at any time without notice or liability to you. For example, we may have obtained rights from third parties to make a Digital Product available and, in the event, we lose these rights, we may need to remove the Digital Product from the site and make it unavailable for purchase.
7.2 We will endeavour to make it clear where Products offered are available for a limited time or in limited numbers.
7.3 We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Product will be available at a particular time.
7.4 Digital Product will normally be available to download immediately upon purchase. There may be occasion from time to time when they are not available (e.g. for technical difficulties/unavailability of our site) and we make no guarantee that any Digital Product ordered will be made available immediately. We shall in such cases strive to give you access to your downloadable products as soon as we are able to restore functionality.
7.5 We endeavour to maintain a stock of all of our physical products and these are normally shipped to you the same or next business day the order was received unless the order was received after business hours on a Friday evening, where we will post on the next business day (typically the following Monday). We post all products via 1st Class post with the Royal Mail in the UK or via DPD, and use Airsure™ ‘tracked signed for’ airmail delivery or DPD for all orders outside the UK so that we can be sure your order reached you.
7.6 Where we are unable to provide you with a product that you have purchased, you agree that we can offer you alternative goods to a similar value, gift vouchers to a similar value, or a complete refund. We may not be held liable for our inability to fulfil a particular order from you.
8. Price and Payment
8.1 We shall determine at our discretion from time-to-time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration (for example by signing up to a mailing list).
8.2 Streaming of certain Digital Products may be provided as premium content (e.g. pre-release exclusives and live-event webcasts). In this case you may have to pay the appropriate price in order to access the relevant Digital Product.
8.3 Subject to sections 8.5 and 8.6, the price of any Digital Product will be as quoted on this site at the then current time, except in the case of obvious error and will be shown exclusive of any VAT to be charged. The final price charged will be dependent on the address used for shipping and will include VAT for the UK and Europe (except where EEA customers can provide a European VAT number) and will exclude Vat for all international customers. We will not accept any offers for Digital Product other than at the then current price. Digital Products may be purchased individually, as selections, in promotional bundles, or as memberships or subscriptions. We reserve the right to make certain Digital Products available only as part of a larger product (e.g. particular episodes may only be available as part of a particular programme).
8.4 We use our best efforts to ensure the prices of our Products displayed on our sites are correct. However, our site contains a wide variety of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product’s correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Product available for download we will normally, at our discretion, either contact you for instructions before making the Digital Product available for download (i.e. to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Products in the case of obvious and unmistakable pricing errors.
8.6 Prices for Digital Products are liable to change at any time, but subject to sections 8.5 and changes will not affect orders in respect of which we have already taken payment and made the download available.
8.7 Please note that some Network / Service Providers may charge you an additional amount for downloading Digital Products to a Mobile Handset. We recommend that you contact your Network / Service Provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas Roaming Charges may also apply.
8.8 Payment for all Products must be by credit or debit card, by PayPal, Direct Bank Transfer or via a gift certificate. We accept the credit and debit cards displayed on the payment page of our site from time to time.
8.9 By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Products and that you have the permission of or are the holder of the credit or debit card or PayPal account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer.
8.10 In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps.
9. Cancellations and Refunds
9.1 For Digital Products (Download or Streaming) (membership or subscription products)
You may cancel any membership or subscription programme that you have signed up to and any subsequent recurring payments to us at any time by emailing us at email@example.com and including details of the particular membership or subscription product that you purchased and your billing details (in order that we can trace the order). Future payments for as yet undelivered portions of a membership or subscription product that you have subscribed to will be cancelled immediately save for those payments that are already being processed (e.g. a Direct Debit payment has already been initiated and is in the process of being transacted by the banks), wherein it will be considered without exception that this payment has been made and the relevant portion of the programme will still be made available to you for download).
9.1.1 For Digital Products (Downloads) (one-off products, membership or subscription products)
You may not cancel an order made by you for any permanent download of a Digital Product once it has been made available by us for download by you and each completed purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale. Payments for portions of a programme that have already been made available to you for download will not be refunded under any circumstances.
9.1.2 If Digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital product to functioning or offer you a repeat download. You shall not have the automatic right of refund in this case (see 9.1.1 above). You must notify us within a reasonable period of time of download of the Digital Product that it is defective. If you fail to notify us within 30 days from purchase date, we will have no liability to you. Please notify us at firstname.lastname@example.org of any technical issue with our products.
9.2 For Physical Products (CD, DVD, Materials)(one-off or membership or subscription products)
Where any Physical Product is shipped incorrectly or is found to be faulty or defective in some way, then we shall replace the product free of charge. In this instance, please contact us at email@example.com to arrange for the return and replacement of the product.
9.2.1 Cancellation of order for one-off, single item sales
If you wish to cancel an order that has been placed with us please email us immediately at firstname.lastname@example.org Once you have notified us that you are cancelling your order and before shipment has been made, any sum debited to us from your credit or debit card or PayPal account will be refunded to your account as soon as possible and in any event within 30 days of your cancellation.
9.2.2 Refunds for one-off, single item sales
After having received the product from us you are dissatisfied in any way, you may apply for a refund by contacting email@example.com. Refunds will only be given where the product is returned to us in a clean, undamaged and re-saleable condition.
9.2.3 Cancellation of continued memberships or subscription products
You may cancel continued membership or any continued subscription programme that you have signed up to and any subsequent recurring payments to us at any time by emailing us at firstname.lastname@example.org and including details of the particular membership or subscription product that you purchased and your billing details (in order that we can trace the order). Future payments for as yet undelivered portions of a membership or subscription product that you have subscribed to will be cancelled.
9.2.4 Refunds – prior to receipt of goods
Once you have notified us that you are cancelling your continued membership or continued subscription, any sum debited to us from your credit or debit card or PayPal account will be refunded so long as a shipment of the portion of the programme to which the payment pertains has not yet been made. Repayment to your account will be made as soon as possible and in any event within 30 days of your cancellation.
9.2.5 Refunds – after receipt of goods
Where shipment has already taken place, and you wish to cancel your continued membership or continued subscription we shall refund you the last month’s payment only if the most recent package delivered to you is returned to us in a clean, undamaged and re-saleable condition. Prior months for which payments have been taken will not be refunded.
10. Termination of Your Account
If you are in breach of, or we suspect you are in breach of, these Product Terms of Sale (including if you use any Downloaded or Streamed Digital Products or the site for business purposes or you breach usage rules) then we may take any or all of the following actions:-
- Issue a warning to you;
- Immediate, temporary or permanent withdrawal of your access to any membership account and/or the site however you will remain responsible for all outstanding amounts on your account;
- Legal action against you;
- disclosure of information to law enforcement authorities as we reasonably feel is necessary. The responses described above are not limited and we may take any action we reasonably deem appropriate.
11. Our liability to You
Please read this section carefully as it sets out the limitations of our liability to You
11.1 You agree you will have no claim against us, in respect of any decision to remove Products from this site or any decision to suspend or terminate your access to this site or to membership accounts for the viewing of any streamed Digital Products (including by way of purchase) through the site.
11.2 We warrant to you that any Products purchased from us through our sites is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Products. You agree that use of this site to access or purchase Products is at your sole risk.
11.3 If you or we are in breach of the contract for the Products, neither of us will be responsible for any losses that the other suffers as a result, except for those losses, which are a foreseeable consequence of the breach. Losses are foreseeable where they should have been apparent by you and to us, at the time we accepted your order.
11.4 Our liabilities for any losses you suffer as a result of us breaking a contract for the supply of Product(s) is strictly limited to the purchase price of the relevant Product(s) affected.
11.5 We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
11.5.1 third party loss (as these Products are for personal non-commercial use only);
11.5.2 loss of income or revenue;
11.5.3 loss of business;
11.5.4 loss of profits or contracts;
11.5.5 loss of anticipated savings;
11.5.6 loss of, damage to or corruption of data;
11.5.7 loss of opportunity or goodwill;
11.5.8 indirect or consequential loss of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 This section 11 does not exclude or limit in any way our liability:
11.6.1 for death or personal injury caused by our negligence;
11.6.2 for fraud or fraudulent misrepresentation;
11.6.3 for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us relating to the Digital Products; or
11.6.4 for any matter for which we cannot exclude, or limit our liability under applicable law.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to Customers on DEMAND by email to email@example.com We will give notice to you at either the e-mail or postal address you provide to us as part of the order process or your account registration where applicable. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
Neither you nor we may transfer, assign, charge or otherwise dispose of a contract for Products, or any rights or obligations arising under it, without the other’s prior written consent. You agree however that we may sub-contract our obligations (for example contracting with a third party company to deliver Digital or Physical Products) provided that we remain responsible to you for the performance of the contract.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract for a Digital or Physical Product that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, 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, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance of the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Products may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a contract for any of our Audio or Video Products, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the contract relating to the Digital Products, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with sections 12 and 13 above.
17. Severability and 3rd Party Rights
17.1 If any of these terms or any provisions of a contract for a Digital Product are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.
17.2 A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
18. Entire Agreement
We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any contract relating to the Products that we sell. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer service representatives, please contact us before placing an order in order to discuss your concerns as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract concerning the purchase and use of any of our products
19. Our right to vary these Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities.
19.2 You will be subject to the policies and terms and conditions of sale in force at the time that you order Digital Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products you have purchased or our entering into the contract for the supply of Products to you (as applicable)).
20. Law and Jurisdiction
Any dispute or claim arising out of or in connection with contracts for the purchase of Products through our sites or their formation (including non-contractual disputes or claims) shall be governed by English Law and subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Questions or Complaints?
If you have any queries at all regarding this site, the products featured on the site or any of the terms set out above, please do not hesitate to contact us via e-mail at firstname.lastname@example.org and our team will be more than happy to assist you.