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Terms and Conditions

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Terms and Conditions for the use of
The Beat Suite Ltd company website and for the purchase of content


This document sets out the terms and conditions for use of The Beat Suite Ltd web site and comprises a legal agreement between you and the company ('we, 'us'). You must read all these terms before using the site or downloading any image. You will be required to click to indicate acceptance of these terms and our License Agreement terms before you can purchase any content from the site. You should also read our Privacy Policy which describes how we use your personal data/information. These documents, as amended by us and posted on the site from time to time, are the entire agreement between us. If you do not agree with them please stop all use of the site and do not continue with any purchase.

Copyright and Trademarks
All the material on this web site which includes words, pictures, photographs, moving images, sound and software and other things ('Content'), is owned by The Beat Suite Ltd, its licensors and content providers.

You may not copy any material on the web site without our permission and all Content and the appearance and structure of the site remain our property.

'The Beat Suite' is our trade name and we have applied for a registered trade mark for such name.

License to use the Site
We give you a limited licence to access and make personal use of this website, but not to download (other than page caching and 'Preview Clips') or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Beat Suite Ltd without express written consent. You may not use any meta tags or any other 'hidden text' utilising our names or trademarks or those of the owners of the Content without our express written consent. Any unauthorised use terminates the permission or license granted by us.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page as long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use our trade names or logos as part of the link without our express written consent.

We cannot guarantee that our web site is compatible with all PC and Macintosh operating systems but will try our best at all times to cater for all users.

This applies to the main website www.beatsuite.com as well as all of of our other domains that are used in conjunction with our website. They are all part of the same company and website system.

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Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not The Beat Suite Ltd are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

  • For fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'
  • To cause annoyance, inconvenience or needless anxiety
Liability
WE DO OUR BEST TO ENSURE THE WEB SITE IS ACCURATE AND UP TO DATE BUT WE EXCLUDE TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES,EXCEPT FOR LIABILITY OF LOSS OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY OUR NEGLIGENCE AND FOR FRAUDULENT MISREPRSENTATION. Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither we nor our directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

If links to other sites are given on this web site we do not control those third party sites and are not responsible for their content. Some countries' local laws do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Force Majeure
We are not liable for any loss or delay caused by circumstances beyond our reasonable control including without limitation Act of God, strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.

Applicable Law
This Agreement will be governed by the laws in force in the United Kingdom excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that The Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the UK Export Administration Act or any other export laws, restrictions or regulations.

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No Waiver, Severability
No action by us, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of this agreement. Should any clause be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Changes
We reserve the right to change these terms, prices, information and our License and Privacy Policy without notice.

Entire Agreement
These conditions, our license agreement and privacy policy, set out the entire agreement between us and you relating to your use of this website.

Additional Purchase Conditions
1. All Content purchase on line or otherwise is on the terms of our License Agreement and these terms.

2. You agree to pay the fees set out on our web site for the Content which you purchase in the manner specified. You may pay by any major credit card or debit card. Prices, offers and products are subject to availability and may change before (but not after) we accept your order.

3. We do not accept orders from anyone under 18 or who does not have capacity to form a contract under their own local laws.

4. Fees are subject to value added tax where required by law and the sum for this will be shown where not included in the sum mentioned on the site. VAT rates may change from time to time and we reserve the right to add whatever is the then prevailing rate. VAT rates may be zero rated if you are VAT registered.

5. Fees are payable in the currency specified on the web site. Your credit card company will calculate your local currency equivalent and you are responsible for any card charges which may be incurred for foreign purchases.

6. When you order you will have an opportunity to check the details and correct any input errors. We debit the fee immediately as a pre-payment but this does not indicate acceptance of an order. We reserve the right to reject orders and will notify you of this. On rejection all fees already paid will be repaid. Although we try to ensure prices on our web site are accurate if the wrong price appears through clerical or other error we reserve the right to give you after you place your order the option of a refund or delivery at the correct price.

7. When you place an order we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase Content which is accepted by us when we send email confirmation to you that for music files or other content supplied in physical form that we have dispatched that product to you (the 'Confirmation Email'). That acceptance will be complete at the time we send the Confirmation Email to you. Any products on the same order which we have not confirmed in a Confirmation Email have been dispatched do not form part of that contract.

8. For deliveries on CD or other physical media, rather than downloading, you agree to pay, in addition to our fees, our delivery charge described on the site at the point of purchase. In the UK and Republic of Ireland delivery is currently by Business Post. For deliveries elsewhere, including in the USA, delivery is by FedEx. If you are a FedEx existing customer and wish to arrange your own delivery at your cost inform us and provide your own 'FedEx Number' and we will leave you to arrange the delivery at your own cost. You must also pay all charges relating to internet access to the site such as telephone charges and the charges of your internet service provider. Although we do everything we can to meet delivery times described in that section, delivery times may be affected by factors beyond our control and therefore cannot be guaranteed.

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10. All Content is licensed, not sold and the terms of the licence are set out in our License Agreement as referred to above. [In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with a credit reference agency, to confirm your identity. They will check any details we disclose to them against any database (public or private) to which they have access and will keep a record of that check. They will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions. If we decline your offer on security grounds we may contact you to seek an alternative payment method.]

11. Consumer Sales: As required by European Distance Selling rules and regulations, we are providing you with a summary information that you must receive prior to concluding a contract with us. This applies only to private individuals purchasing otherwise than in the course of a business and not to anyone buying for business purposes. That information is as follows.

a). Supplier: The supplier of the Services is The Beat Suite Ltd, Company Number GB 5873 67, VAT Reg No. GB 707 6853 67 of Suite 45,?7-15 Pink Lane, Newcastle upon Tyne, England. NE1 5DW. Telephone +44 (0)191 221 2400, email info@beatsuite.com

b). Main Characteristics of Goods and Services: As described on the part of the site setting out what service you are ordering.

c). Price of the Goods: as set out in the ordering path and in these terms and conditions.

d). Delivery Costs: See above.

e). Arrangements for Payment, Delivery, and Performance: Payment on line is made, unless otherwise agreed with us, by credit account or by credit card and the procedure is explained in the ordering procedure and in these terms and conditions. Delivery is over the internet. All orders are subject to approval and we reserve the right to reject any order.

f). Statutory Right to Cancel Services: Under the Distance Selling rules and regulations you have a statutory right of cancellation, subject to certain exceptions. By submitting your order you recognize and agree that we will start providing the Content after approval of the order. The decision to approve your order will take place within minutes of you submitting your order. You recognize that the commencement of the Services will cause you to lose the statutory right you have under the Distance Selling rules and regulations to cancel the Services.

g). Validity Period of Offer or Price: We reserve the right to increase prices from time to time by notice to you but not after an order has been placed.

h). Minimum Duration of the Contract: Orders are simply on a one-off basis for Content so no minimum service term applies for current Content.

i). Substitute Goods or Services: We reserve the right to modify the content or the nature of the Services upon notice to you.

j). Information on After Sales Service and Guarantees: We do not provide any guarantees with the supply of Content except as provided in our standard License Agreement.

k). Details of Statutory Right to Cancel: As the supply of Content/ Services start almost instantaneously after submission of your order, the statutory right to cancel does not apply and you hereby consent to our providing the Content immediately.

The Beat Suite Limited - General Terms July 2004

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