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Terms and Conditions of Tabla Works Ltd at http://www.tabla.co.uk

Definitions

In these terms and conditions the following terms shall have the following meanings :-

'We, Us, Our' is defined as Tabla Works Ltd trading at www.tabla.co.uk

'You, Your' is defined as The Customer or Consumer

The 'Contract' is defined as the contract agreement for the sale of goods by us to you

'Product' is defined as any goods forming the subject of a Contract including parts of, or materials incorporated in, them as more particularly described upon this Website.

'Website' is defined as the Website of Tabla Works Ltd which is http://www.tabla.co.uk 

 

Our Registered Office

Sapphire House

73 St Margarets Avenue

London N20 9LD

United Kingdom

Company Number : 05209308

Our Contact Details

Telephone : +44 (208) 445 9605

Email: tablaworks@tabla.co.uk

 

Part 1 Terms and Conditions

General

1 By accessing the Website, you agree to be bound by the Terms and Conditions appearing in this document (Terms and Conditions of Tabla Works Ltd at http://www.tabla.co.uk)

2 By purchasing products and/or services from the Website, you agree to be bound by and accept the Terms and Conditions. Orders are not binding upon us. We reserve the right to refuse service to anyone.  

3 Your use of the Shopping Cart includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 

4 Payment is made via the secure SagePay gateway. 

5 You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you, it is your responsibility to inform us as soon as possible. 

6 Credit and debit cards have daily spending limits that may prevent the processing of your order.

7 If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card.

8 The content of this website are protected by the law of copyright. These include, but are not limited to, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Tabla Works Ltd, All rights in this website, including Copyright, are owned or licensed to Tabla Works Ltd. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

9 We may alter these Terms and Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change.

It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. 

10 We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. 

11 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

12 Any personal data that you transmit to us by electronic mail or otherwise will be used in accordance with our privacy policy and you accept our privacy policy found below.  

13 We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Our rights or property, or the rights or property of visitors to or users of the Website, including our customers. We reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

14 You must be at least 16 years of age to use the Website. This site may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Website with the involvement of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using this Website, you agree to these terms and conditions and our privacy policy and that you shall be responsible for the conduct and acts/or omissions of your children in using this Website as if these were your own. By registering to the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age. We reserve the right at our discretion to refuse to complete a contract for the sale of Goods to you if you are under the age of 18 years. 

15 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems, servers, or networks, or any systems or networks connected to the Site or to www.tabla.co.uk. 

16 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. 

17 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to ban such activity.

18 You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. 

19 You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others. 

20 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

21 You agree not to attempt any unauthorised access to any part or component of the Website other than through the means provided to you by us; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us. 

22 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account. 

23 You understand that by using the Website and services provided within it, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Website at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that we do not guarantee their accuracy. 

24 This Website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. We will not be held responsible over third party content or privacy policies. Any dealing with a third party on or through our site are solely between you and the third party. We will not be liable for any damage or loss incurred as a result of any dealings.  

25 The Price of the Goods is set out on the Website and the confirmation of order. The price is in USD and GBP Sterling and includes all taxes or other duties due. Delivery charges are as shown on order confirmation.

26 The price for a particular product will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for all products at any time and do not provide price protection or refunds in the event of a price drop or promotional offering. 

27 Because prices, product descriptions, and availability can change, we do not warrant the accuracy or completeness of product information provided on the Website. 

28 Attempts successful or otherwise to alter the amount being paid for a product constitutes fraud and may result in cancellation of your card services, put negative information on your credit report and create possible criminal charges that may be filed against you. We reserve the right to inform the merchant handling payments of any attempted raudulent transactions. 

29 Please note that HD products that are available for viewing and purchase on the Website are viewable only on HD capable devices.

30 You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your purchase and use of Products. You are responsible for all such fees including, but not limited to, all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. 

31 The Company makes no representations or warranties about the quality of your instant watching experience on your display.

32 To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access and compatible software. Your ability to use the Service and theperformance of the Service may be affected by these factors. Such system requirements are your responsibility.

33 We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website, or any website accessible through it, will not cause damage to your computer. It is your responsibility to provide adequate protection for your equipment which you use to access this Website. We will not be liable to you or to anyone else for any loss or damage which may be caused to any equipment arising as a result of your use of this Website.

34 When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.

 

Part 1.1

Copyright

1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us.. You are permitted to use this material only as expressly authorised by us.

2 All rights including, but not limited to, the copyright in the content of web pages including web site design, graphics, logos, the selection and arrangement thereof, software, text and underlying source code is owned and copyrighted by Tabla Works Ltd. ALL RIGHTS RESERVED. 

3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and that you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

4 If we detect that you have without our authority either personally or by way of assistance or facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who's copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.

 

Part 1.2

Privacy Policy

1 We take the privacy of our customers very seriously, and will only collect information in order to fulfil customer orders and (if requested by the customer) to provide information via our e-mail lists. We never send unsolicited e-mails to customers, and we do not sell mailing lists or customer information to any other companies or individuals. 

2 The shopping cart part of the site is secure and provided by SagePay payment gateway. Your order details, apart from those required to send you the product or that you specifically make available to us, is encrypted in your browser before they are sent to us. 

3 You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site. to any Site server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

4 You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of us and

any account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website. 

5 You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any element of the security framework or to attempt or assist another person to do so. Fair usage rules may be controlled and monitored by us for compliance purposes, and we reserve the right to enforce these usage rules without notice to you.

6 Certain features or services offered on or through the Website may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of or visitor to the Website due to someone else using your ID, password and/or account.

7 You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Part 1.3 

Violation, Termination of Access

1 You agree that we may, at our discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated the Terms contained in this agreement and or other agreements or guidelines which may be associated with your use of this Website.

2 You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tabla Works Ltd, for which monetary damages would be inadequate, and you consent to Tabla Works Ltd obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have in law or in equity.


3 You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self- initiated account deletions), (3) discontinuance or material modification of the Websiteite or any service offered on or through the Site, or (4) unexpected technical issues or problems. 

4 If we do take any legal action against you as a result of your violation of these Terms we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms.

 

Part 1.4

Indemnity

1 You agree to indemnify and hold its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitors, lawyers, attorneys or other legal fees), made against us by any third party due to or arising out of or in connection with your use of the Website.

 

Part 1.5

Void Where Prohibited

1 Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are always available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. You choose to access the Website on your own initiative and you are solely responsible for complying with applicable local laws.

 

Part 1.6

Content and Laws protecting Terms and Conditions

1 You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United Kingdom export laws and regulations. 

2 If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. 

3 These Terms and Conditions constitute the entire agreement between you and Tabla Works Ltd with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use, are hereby superseded and cancelled. We will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected.

4 Our failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms and Conditions, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Part 2 Terms and Conditions for Downloadable Products

Part 2.1

Copyright and License Agreement

1 Any product that is made available for download from the Website is the copyrighted work of Tabla Works Ltd.

 2 Following payment of the applicable fees for a downloadable product, and once the product has been made available to you for use, you will be granted a license, which is a non- exclusive right, toview, use, and display the product on your device for your personal, non- commercial use only. All rights, title and interest in any downloadable product are reserved by us.

 

Part 2.2

Terms of the License

1 You may download a product to a single device only.

2 Your license does not permit you to copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, sub-license, distribute or create derivative works based upon any products that are made available for download in whole or part or transmit it over a network. Any unauthorised copying, hiring, renting, broadcasting or usage in a public place or performance is strictly prohibited. 

3 The license of any downloadable product is for your own individual use only. In particular, the videos may not be used by music teachers or other teachers for teaching students, pupils or any third party either singly or in classes unless expressly permitted by us.

4 You shall not remove any copyright notices or other proprietary notices from any downloadable products made available by us. 

5 You agree not to display content contained in downloadable products, in whole or in part, as part of any public performance or display, even if no fee is charged.

6 You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign products or your rights to products to any third party. 

7 We shall not be responsible for and we disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the downloadable products and any information contained in it. In particular, neither we nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission within the downloadable products, or for any actions taken in reliance there on or occasioned thereby or by reason of non- performance or interruption, or termination thereof.

8 Any reproduction or redistribution of downloadable products not in accordance with the license is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

Part 2.3

Availability and Quality

1 We can assure you that we provide, to the best of our knowledge, the availability of downloadable products to instantly watch will be of the highest quality possible. This quality can be subject to change from country to country. The quality of the display of downloadable products and audio may also vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. This is your responsibility and we cannot guarantee the highest quality at all times.

 

Part 2.4 

Delivery of downloadable product:

1 After placing the formal order, you will receive an email from us confirming your order and details. No contract for the sale of any product will subsist between you and us until the items ordered have been received by you and are ready for download. At any time until this point we may cancel the sale for any reason. The customer is responsible for providing a correct/working email address. Please note that if you have failed to send the correct email address, then we may, at our discretion, refuse to send you the product.

 

Part 2.5

Replacing Lost downloads

1 We strongly advise you to ensure that the downloadable videos that you purchase from us are saved securely or backed up for safe keeping on a separate device. Downloads that become lost, corrupted or erased due to failure of backing-up or not being copied to a new or replacement device or due to hard disk failures may be replaced at the discretion of Tabla Works Ltd and subject to verification that the item was bought by you. If we decide to replace the downloadable product, we will endeavour to do so in the same way as it was purchased but we cannot guarantee to do so. A replacement product may take the form of a separate tangible product, such as a DVD, and you may be required to submit your contact details again for this replacement to be issued to you. We will not offer any guarantee to replace a downloadable product purchased from our website for a period of 7 days after it has been downloaded.

 

Part 2.6

Refund Policy for downloads

 

1 Currently we do not offer refunds for any downloadable products. By purchasing and downloading our products you are agreeing to this policy. 

2 Free evaluation products that are comparable to the actual downloadable product are available free of charge in order to enable you to “try before you buy”. Customers are encouraged to fully evaluate downloadable products prior to purchase. 

3 If you experience any problem with your products please inform us within 2 working days of receipt and we will work with you to resolve the issue. A replacement product may be sent at our discretion such as when a product has not downloaded properly. After 7 working days we will be unable to replace your product. Please note that in most cases, we are unable to offer technical support on how to download our products. 

4 There are absolutely no cancellations of online orders that have been programmed for download access. Nor will we accept claims of missing the immediate online links that were provided to you to download your order. Exceptions to this cancellation policy will only be at our discretion.

 

Part 3 Terms and Conditions for Products 

Part 3.1 

General 

1 When you complete your details and the details of the products that you wish to purchase and then submit them to us by clicking the 'Confirm Order' button, you are offering to purchase the products at the price shown on the Website subject to these Terms and Conditions.

 

Part 3.2

Contract completion 

1 The Contract for the sale by us to you of the products is completed when you receive the product(s). No contract for the sale of any product will subsist between you and us until the items ordered have been received by you. At any time, until this point, we may cancel the sale for any reason.

 

Part 3.3 

Delivery of Product 

1 Delivery charges are as shown on order confirmation. 

2 Once your order has been confirmed by us and payment completed, your products will be despatched to you as soon as possible. In any event, delivery will take place within 30 days,

commencing on the day after you have forwarded your order. If for whatever reason the products which you have ordered are not available, we will inform you as soon as possible and will provide a full refund of any money paid by you within the same 30 day period. 

3 Delivery of products will be to anywhere in the world, subject to the agreed delivery charges. Delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to make an alternative arrangement for delivery. 

4 Some products may be limited to stock on hand and are offered on a first come, first served basis. If an order is placed and the item becomes out of stock, the customer would be informed of this and given the option to cancel his or her order.

 

Part 3.4

Taxes and Import Duties 

1 Separate charges for shipping will be shown on your order form. All the products that are shipped by us are tax-paid in the UK. In case there are any duties or taxes or any other charges whatsoever that are charged on the shipment after the goods are sent out by us, they are payable in full by you.

 

Part 3.5

Product Refunds 

1 A product is subject to a full refund, including the original delivery charges, under the following conditions: 

1.1 The product is damaged, faulty or unfit for purpose

1.2 The parcel must be signed as unexamined

1.3 The product must be notified to us by email within 3 working days of receiving the goods

1.4 The product must be returned packed in its original packaging, insured and shipped pre-paid within 10 days of receipt of it

2 A product is subject to a full refund, minus the original delivery charges, under the following conditions: 

1.1 The product is unwanted

1.2 The parcel must be signed as unexamined

1.3 The product must be notified to us by email within 3 working days of receiving the goods

1.4 The product must be returned packed in its original packaging, insured and shipped pre-paid within 10 days of receipt of it

1.5 The product must be fully resaleable

 

Part 3.6

Resale

1 You agree and represent that you are buying any products for your own personal use only, and not for resale or export.

 

Part 3.7

Extent of Liability of goods

1 Every effort is made to ensure that products advertised for sale on the Website are described accurately. However, the descriptions of goods on the Website do not form part of the contract between you and us. The products are designed to be fit for purpose and to represent a general idea of what you purchase. 

2 You should ensure that the products which you are purchasing from us are suitable for your intended purpose. We do not give any warranty that the products, which you purchase from us, are suitable for your intended purpose. 

3 Although we are dedicated to updating and improving our product descriptions on our Website, we cannot always update each description immediately. We will fulfil orders using current products rather than those with the exact description given on the Website. The Tabla itself and its accessories, such as, but not limited to, rings, covers, hammer and carry case are subject to changes in colour, shades, sizes and tuning note.

 

Part 4

Liability and Limitation of Liability

 

1 Nothing in these Conditions shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(e) defective products under the Consumer Protection Act 1987; or

(f) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability, save that nothing in Part 4 shall confer on you a right or remedy to which you would not otherwise be entitled.

 

2 These Terms and Conditions and in particular, but without limitation, Part 4 sets out our entire liability (including any liability for the acts and omissions of our employees, agents or

sub-contractors) to you in respect of:

(a) a breach of our contractual obligations;

(b) a tortious act or omission for which we are liable;

(c) an action arising out of a misrepresentation made by us or on our behalf arising in connection with the performance or contemplated performance of this Contract or out of an act done or omission made as a consequence of the entry into this Contract by us.

3 The total liability which we shall owe to you in respect of all claims shall not exceed the price of the Products unless agreed otherwise by us. 

4 You shall only be entitled to bring a claim against us where you issue legal proceedings against us within the period that is the lesser of (i) the shelf life of the Goods and (ii) the period of 12 months commencing on the date upon which you ought reasonably to have known of your entitlement to bring such a claim.

5 Subject to clause 1, we shall not be responsible for any indirect losses or any losses that you suffer as a result of any breach of contract, except for those losses which are direct losses. In particular, but without limitation, we shall not be responsible for losses that result from a failure to comply with the Contract which fall into the following categories:

(a) loss of income or revenue or any pure economic loss;

(b) loss of profit;

(c) loss of business;

(d) loss of contracts;

(e) loss of anticipated savings; or

(f) any waste of time.

6 You shall be liable to pay us (on written demand) for, and indemnify us against, all reasonable costs and expenses and/or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit or reputation, damage to property, loss of opportunity to deploy resources elsewhere, and legal costs) which arise in connection with your fraud, negligence or breach of the Contract. 

7 The exclusions from and limitations of liability set out in Part 4 shall be considered severable. The validity or unenforceability of any one paragraph or sub-paragraph of Part 4 shall not affect the validity or enforceability of any other part of this clause and any others in the Terms and Conditions as set out in Parts 1,2,3 and 4. 

8 You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Digital Recordings provided via the Website are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non infringement. 

9 We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.

 

Part 5

Entire Agreement

1 The Terms and Conditions sets out the entire agreement and understanding between you

and us relating to the matters contemplated by the Contract and all conditions, terms and warranties, whether express or implied are excluded, so far as permitted by law, if they are not expressly set out in the Terms and Conditions.

 

Part 6

Severability

1 If a provision in this Contract is determined by a Court or tribunal of a competent jurisdiction to be wholly or partly unenforceable for any reason:

(a) such unenforceability shall not affect the rest of this

Contract; and (b) the parties shall in good faith amend and if necessary interpret this Contract to reflect as near as may be the spirit and intention behind such unenforceable provision or provisions so that the same comply with the laws of that jurisdiction.

 

Part 7

Waiver

1 Save in respect of a waiver granted in writing, any failure by us at any time to enforce a provision of this Contract or to insist that you comply with your obligations shall not be deemed a waiver of such provision or confirmation that you do not have to comply with your obligations or be deemed a waiver of any other provision of this Contract or of our right thereafter to enforce that or any other provision of this Contract  

 

Part 8

Jurisdiction

The contract shall be governed by English law and we and you consent to the exclusive jurisdiction of the courts of England and Wales. If you access the Website from locations outside of England and Wales you are responsible for complying with any laws applicable to that territory.