TERMS AND CONDITIONS FOR USE OF THE VINYL CLEAR SERVICE
Welcome to the Vinyl Clear web site and its content (“the Service”), which are currently located at www.vinylclear.com (“the "Site").
The Site is operated by Howarth Brackin Limited and is designed to help users gain new understandings, distinctions and insights into presented issues.
The content on this web site will provide insights, learning’s and discoveries which may have the effect of aiding relaxation, anxiety, and stress. The Service is provided as a means of promoting relaxation in your everyday environment, the words and sounds used in the content can affect different people in different ways.
We would therefore strongly advise you not to use this web site whilst driving or operating machinery, or if you suffer from epilepsy, clinical depression or any other nervous or psychiatric condition. If in doubt, please consult your doctor or a licensed medical practitioner. For further information please email us. These Terms and Conditions govern your use of the Service. Before using the Service, you agree on your own behalf and on behalf of each person on whose behalf you act to be bound by the following Terms and Conditions (the “Terms”). If you do not agree to abide by these Terms you should not access or use the Service in any way.
Before using the Service you agree on your own behalf and on behalf of each entity and person on whose behalf you act to be bound by the following Terms and Conditions (the “Terms”). If you do not agree to abide by these Terms you should not access or use the Service in any way.
1. USING THE SERVICE
1.1 The Service is free and (except where expressly stated) we will not charge you any one-off, monthly or annual service fees for the use of the Service.
1.2 Should you choose to use a paid-for service, you are liable for all charges incurred in accessing and using the Service.
1.3 By accessing and using the Service you confirm that you are eligible to use the Service.
1.4 You shall use the Service in accordance with these Terms and all applicable laws, regulations and codes of conduct (including self regulatory) applicable to the use of the Internet and you agree to be solely responsible for all things arising from your use of the Service.
1.5 You agree not to:
1.5.1 use the Service except in accordance with these Terms as amended and posted on the Site by us from time to time.
1.5.2 sub-licence, assign or subcontract any part of your benefits and obligations under the Terms.
1.5.3 use or permit the use of the Service for any illegal purpose.
1.5.4 reproduce or re-transmit any part of the Information in any form without our prior written consent (except to the extent expressly provided in these Terms).
1.5.5 damage, interfere with or disrupt access to the Service and/or the Site or do anything which may interrupt or impair their functionality.
1.5.6 make or derive any commercial use or benefit from any part of the Service and/or Site.
1.5.7 use the Service in such a manner as would bring us, our organisation and/or business into disrepute.
1.5.8 obtain or attempt to obtain unauthorised access, through whatever means, to the Service, the Site, other services or computer systems or areas of our networks.
1.5.9 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 in connection with your use of the Service.
1.5.10 use the Service in any way to send unsolicited (commercial or otherwise) e-mail (spamming) or any material for marketing or publicity purposes.
1.5.11 post any infringing, defamatory, obscene, or other unlawful information to any community, discussion or chat area of the Site.
2. SUSPENSION OF SERVICE
If your use of the Service interferes with our ability to provide the Service to you or any services to our other users, (each a “Prohibited Use”), we may suspend provision of the Service to you until the Prohibited Use has ended. We shall then as soon as reasonably practicable, resume provision of the Services.
Except as expressly provided for below, you agree to indemnify and hold us, and any of our officers, employees and agents harmless from any loss or damage including without limitation in respect of any claim brought by any third party arising in respect of these Terms and/or the Service and/or the Information provided to you and/or your use or misuse of the Service and/or conduct on the Site.
4.1 We licence you to use the Service to view it for your own use only.
4.2 All right, title and interest to the Intellectual Property Rights which subsist or may subsist in the Information, the Service and/or the Site vests in us (or is licensed to us) and subject to 4.1 above, you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the Intellectual Property Rights provided by us to you in any way without our prior written consent.
4.3 Any trademarks, service marks and/or other trade names used by us from time to time shall not be used by you at any time without our prior written consent including without limitation all page headers, custom graphics, and button icons on the Site.
4.4 You shall not use any trade marks, service marks and/or other trade names used by us from time to time for any purpose including to imply endorsement by us of your website and/or goods and/or services or otherwise without our prior written consent.
4.5 All other trade marks referred to on the Site are the trade marks of their respective owners.
4.6 Links to Third Party websites: the Site may contain links to third party websites (“Linked Sites”). We do not control, sponsor, endorse or otherwise approve of any information or statements appearing in the Linked Sites (nor in other sites referred to in or linked to the Linked Sites). We are not responsible for webcasting, or any other form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly.
4.7 Third Party Software: Your use of any third-party software that is made available to download by us in connection with the Site is governed by any separate licence terms and conditions of the respective software supplier.
5. ALTERATIONS TO THESE TERMS
We reserve the right to amend these Terms in whole or in part, at any time and you will be notified of the same by our posting of such Terms on the Site. Your continued use of the Service after any changes have been posted on the Site will be considered acceptance of any changes.
6. USE OF PAID-FOR AND SUBSCRIPTION AREAS
The website contains subscription areas that contain proprietary software for which there may be a charge (the "Vinyl Clear"). This clause governs your access to and use of the Subscription Area and the Vinyl Clear.
6.1 The Vinyl Clear Software displayed on our Site merely constitutes an invitation to treat and may be withdrawn by us at any time. Under no circumstances does the display of goods or services constitute an offer by us to sell the same to you.
6.2 Prices: Prices quoted on the web site are (unless otherwise stated) inclusive of VAT. All prices quoted are valid during the period that they remain on-line on this website or (if applicable) during any stated period of validity. We reserve the right to change prices without notice.
6.3 Orders: Records of orders placed are maintained by us for as long as they are required for bill management and our general business purposes. If you require a copy of the record of your order, please contact us in writing. Once the order has been submitted it cannot be amended but must be cancelled and a new order submitted.
6.4 Payment: Our payment system is run by a 3rd party company. Once you place an order by clicking the PURCHASE button, you are taken onto their secure payment site. They will process your payment and confirm when payment has been taken from your credit or debit card.
6.5 Payment may not be withheld or deferred by you on account of any counterclaim or set-off. Any amount not paid by you on the due date shall, at our discretion, bear interest from the invoice due date until payment by you in full at a rate equivalent to 2% above Barclays’ Bank plc’s base rate from time to time in force.
6.6 Delivery: Delivery shall take place when the Vinyl Clear Package you have selected is first made available to you. Once the Vinyl Clear Package has first been made available to you, you will have unlimited access to it for the agreement period, after which time it will expire. Once the Vinyl Clear Package has expired, you would need to re-order it to renew your access to it, assuming that it is still available on the Subscription Area.
6.7 Substitutions and Refunds: If for any reason we are unable to deliver the Vinyl Clear Package will shall notify you. If we are unable to provide your selected Vinyl Clear Package, we may offer you a substitute Vinyl Clear Package. If you do not wish to accept the substitute Vinyl Clear Package you may decline, and the contract will be voided. If payment has already been taken, we shall contact Paypal and arrange for your payment to be refunded to you. Once we notify Paypal of the refund you will receive and email confirming the refund instruction. Please note that once Paypal receive this instruction they will forward the instruction to your card issuer. It may take your card issuer up to 7 to 10 days to process the refund back to your card.
6.8 Time shall not be of the essence in the performance of any order.
6.9 Acceptance of services: You shall be deemed to have accepted the services when you access the selected audio. Any complaint regarding the Vinyl Clear Package must be communicated to us in writing within 5 (five) working days of delivery.
6.10 Title: All title in the Vinyl Clear Package sold subject to these terms and conditions remains vested in us. We license you to use the Vinyl Clear Package only for use on the Site.
6.11 Cancellations: Due to the nature of the services, we are not able to accept cancellations. Accordingly, our ordering process is structured to allow for confirmation of your order and details at a number of stages. You will not be able to cancel your order once delivery of the Service has begun with your agreement.
6.12 Technical Errors: If you become aware that the Vinyl Clear Package that we have made available to you has a technical error, please contact is at hello@Vinyl Clear.org describing the nature of the perceived error. We will endeavour to rectify any perceived errors. If we are unable to rectify the perceived error, we may at our own option choose to refund all or part of your initial payment.
7. HYPERLINKS TO THIRD PARTY SITES
7.1 Third Party’s Goods and Services: We may provide hyperlinks to goods and services on third party websites. However, each third party is responsible for setting and explaining their individual terms and conditions of shipping, return, security, data protection and other policies and terms applicable to their sale of goods and/or services. We do not endorse, guarantee, or warrant any product or service sold by a third party, nor do we have any liability or responsibility for the fitness for purpose or quality or delivery of any product or service sold to you by third parties or otherwise. The purchase or receipt by you of any product or service from a third party is a transaction solely between you and that third party.
8.1 You acknowledge and accept that the Service involves transmissions over the Internet and that such transmissions are therefore subject to the Internet’s inherent risks. You acknowledge and accept that, as with any network, you may be exposed to:
8.1.1 unauthorised invasions of privacy during, or as a result of, using the Service and/or the Site;
8.1.2 system-threatening viruses and other unauthorised and invasive programs transmitted by third parties;
8.1.3 unauthorised dissemination and publication to others of information and material originally sent only to selected recipients on or through the Service and/or the Site;
8.1.4 eavesdropping and electronic trespassing;
8.1.5 fraud and forgery;
8.1.6 the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information.
8.2 Although our privacy and security features are designed to reduce these risks, we cannot guarantee their elimination. It is your responsibility to ensure that your systems protect against the events listed in 7.1 and otherwise comply with good industry practice. You also acknowledge that no transmission via the Service and/or the Site shall be deemed confidential and that we shall not be liable for any breach of confidence arising as a result of such event.
9. RELIANCE ON INFORMATION
9.1 Because the Service is provided by means of website and telecommunication systems (including local loop network providers and other connectivity arrangements over which we have no control) you acknowledge that:
9.2 The Service cannot be operated in all circumstances without error (including without limitation errors in any software used to provide the Service, the Information, the Site and telecommunications links) and we shall be under no liability for the consequences arising from any such error or the reliance by you upon the Service.
9.3 Time shall not be of the essence in relation to our delivery and/or provision of the Service including without limitation provision of the Information and/or Publications.
10.1 We warrant that we shall use reasonable skill and care in providing the Service.
10.2 To the extent not prohibited by law, we exclude all conditions, terms, representations and warranties, whether implied by statute or by operation of law or otherwise, that are not expressly set out in the Terms and Conditions.
11. LIMITATIONS AND EXCLUSIONS OF LIABILITY
11.1 YOU HEREBY AGREE TO AFFORD US NOT LESS THAN 28 DAYS IN WHICH TO REMEDY ANY BREACH OF THE TERMS. SUBJECT TO THE OTHER PROVISIONS OF THIS CLAUSE 11, WE HEREBY EXCLUDE LIABILITY TO THE FULLEST EXTENT POSSIBLE UNDER LAW IN RESPECT OF ANY BREACH BY US, OUR DIRECTORS, AGENTS, EMPLOYEES OR SUB-CONTRACTORS OF THE TERMS, UNLESS YOU SERVE WRITTEN NOTICE SETTING OUT THE DETAILS OF THE BREACH ON US WITHIN ONE YEAR OF THE DATE ON WHICH YOU BECAME AWARE OF THE CIRCUMSTANCES GIVING RISE TO THE BREACH OR THE DATE WHEN YOU OUGHT REASONABLY TO HAVE BECOME SO AWARE.
11.2 WITHOUT PREJUDICE TO CLAUSE 11.1 AND SUBJECT TO CLAUSE 11.4, THE FOLLOWING PROVISIONS SET OUT OUR ENTIRE LIABILITY (INCLUDING ANY LIABILITY ARISING FROM OUR DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS) TO YOU IN RESPECT OF:
11.2.1 ANY BREACH OF OUR CONTRACTUAL OBLIGATIONS ARISING UNDER THE TERMS;
11.2.2 ANY REPRESENTATION STATEMENT OR TORTIOUS ACT OR OMISSION INCLUDING NEGLIGENCE ARISING UNDER OR IN CONNECTION WITH THE TERMS; OR
11.2.3 ANY BREACH OF STATUTORY DUTY RELATING TO THE SUBJECT MATTER OR PERFORMANCE OF THE TERMS.
11.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT:
11.3.1 INCIDENTAL LOSS;
11.3.2 SPECIAL LOSS;
11.3.3 WASTED OR LOST MANAGEMENT TIME;
11.3.4 LOST PROFITS, GOODWILL, SAVINGS OR OTHER ECONOMIC LOSS; AND/OR
11.3.5 LOSS OF DATA (“EXCLUDED LOSS”) ARISING FROM OR RELATING TO THE TERMS AND/OR THE SUPPLY OF GOODS AND/OR SERVICES INCLUDING WITHOUT LIMITATION THE SUPPLY OF INFORMATION, PUBLICATIONS, AND/OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WHOLE OR PART OF THE SERVICE AND/OR THE SITE OR ANY OTHER SERVICES PERFORMED BY US, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE BY US OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF YOU INCURRING THE SAME.
11.4 OUR LIABILITY TO YOU SHALL NOT BE LIMITED (EXCEPT THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW THE LIMIT OF LIABILITY IN CLAUSE 11.5 SHALL APPLY TO ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIMS) FOR:
11.4.1 DEATH OR INJURY RESULTING FROM OUR OWN OR THAT OF OUR EMPLOYEES’, AGENTS’ OR SUB-CONTRACTORS’ NEGLIGENCE;
11.4.2 ALL DAMAGE SUFFERED BY YOU AS A RESULT OF ANY BREACH BY US OF THE CONDITION AS TO TITLE OR THE WARRANTY AS TO QUIET POSSESSION IMPLIED BY SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982 OR SECTION 12 OF THE SALE OF GOODS ACT 1977; AND
11.4.3 ANY FRAUDULENT REPRESENTATION MADE BY US.
11.5 IN THE EVENT THAT WE BECOME LIABLE FOR LOSS OR DAMAGE THAT WE MAY LAWFULLY LIMIT OR EXCLUDE, YOU AGREE THAT OUR LIABILITY TO YOU SHALL BE LIMITED IN THE AGGREGATE FOR ALL SUCH LOSS AND DAMAGE IN ANY YEAR TO £200.
11.6 NOTHING IN THIS CLAUSE 11 SHALL CONFER ANY RIGHT OR REMEDY UPON YOU TO WHICH YOU WOULD NOT OTHERWISE BE ENTITLED.
We reserve the right, in our sole discretion, to suspend and/or terminate your access and/or use of any or all of the Services and/or the Site at any time without notice.
13. FORCE MAJEURE
13.1 Neither party shall be in breach of the Terms for failure to perform or delay in performing any or all of its obligations as a result of an event of force majeure ("Event of Force Majeure") unless it has failed to comply with its obligations under this Clause. For the purposes of the Terms, Event of Force Majeure shall include without limitation acts of God (including flood, fire, earthquake or other similar event), riots, war, strikes, lockouts, or other industrial disputes, epidemics, failure of telecommunication systems, failure of the world wide web, governmental restraints and act(s) of legislature or any cause (other than lack of funds) outside the reasonable control of the affected party.
The giving of time or indulgence in respect of the observance or performance of any of the terms and provisions of the Terms by the other party or the failure by a party to exercise or enforce any right or remedy arising under the Terms shall not operate as a waiver of any such obligation of the other party or any such unexercised or un-enforced rights and remedies shall not relieve the other party from any subsequent observance or performance of any such terms, conditions, and provisions.
15. GOVERNING LAW
The Terms shall be construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
You shall not assign any of your rights or obligations under these Terms without our prior written consent.