Music Dedication – Terms & Conditions of Use
THIS IS AN IMPORTANT LEGAL DOCUMENT WHICH YOU SHOULD READ BEFORE JOINING THE MUSIC DEDICATION WEBSITE. YOUR ATTENTION, IN PARTICULAR IS DRAWN TO CONDITION 4 WHICH CONTAINS LIMITS TO AND EXCLUSIONS OF OUR POTENTIAL LIABILTY TO YOU
Definitions and Interpretation
1.1 In these Conditions:-
“Conditions” means the conditions of supply and membership set out below
“Contract” means the Contract between you and us for the provision by us of the Services created by your payment of the Price and incorporating these Conditions
“Price” means the sum of £[………] (including VAT) per [month] or such higher sum as we may from time to time require you to pay on not less than one month’s notice in advance
“Services” means the membership and promotional services which we are to supply in accordance with these Conditions
“Specification” means our written specification displayed on the Website containing further details of our Services and the manner in which they are to be performed by us
“Term” means each [calendar month] in respect of which you shall pay the Price
“Website” our website at [insert url]
1.2 The headings in these Conditions are for convenience only and shall not affect their construction or interpretation.
1.3 These are the Conditions upon which we, Music Dedication deal with you, our client and offer you the benefits of membership of our Website. They govern all our dealings with you to the exclusion of any other terms and conditions which you may seek to impose upon us.
1.4 No variation of these Conditions shall bind us unless we agree to in writing.
1.5 The Contract shall be governed by the laws of England.
1.6 “Music Dedication” is a trading name of James Malcolm of [insert address].
2.1 The Services are those described in the Specification. We reserve the right to change the Specification at any time and without notice to you.
2.2 In consideration of the payment by you of the Price and subject to the Conditions we shall provide you with the Services throughout the Term.
3.1 All and any documents, data or other materials (and the copyright design right or other intellectual property in them) (including, but not limited to, the Specification) provided by us to you during the provision of, and/or relating to, the Services shall remain our property and no part of it may be reproduced by you without our prior written consent.
3.2 You warrant and represent that you have full authority to upload and/or stream from the Website any material (whether audible or visual) which we display or broadcast on your behalf in the performance of the Services and that such material is neither offensive nor defamatory and does not breach any applicable laws. You shall indemnify us from any costs damages or expenses that we may from time to time incur (whether during or after the Term) by reason of any breach by you of the foregoing warranty and representation.
Warranties and Liabilities
4.1 Subject to the conditions set out below we warrant that the Services will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description contained from time to time in the Specification.
4.2 We give no warranty or representation that the operation of the Website will be uninterrupted and/or error free throughout the Term.
4.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. In particular, we make no representations on your behalf or on behalf of any third parties who may from time to time use the Services, whether or not they are (or purport to be) members of our Website.
4.4 Where any valid claim in respect of any of the Services arises in accordance with these Conditions which is based on any defect in the quality or provision of the Services we shall be entitled to provide replacement Services free of charge or, at our sole discretion, to refund to you the Price (or a proportionate part of the Price), but we shall have no further liability to you.
4.5 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the provision of the Services or your reliance on them.
4.6 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations in relation to the Services if the delay or failure was due to any cause beyond our reasonable control.
Suspension and termination of membership
5.1 We reserve the right to suspend the provision of the Services to you at any time for so long as is reasonably necessary to enable us to investigate any complaint which we might receive in respect of your use of the Services and/or the Website.
5.2 We reserve the right to withdraw the Services immediately on giving notice to you at any time and without refunding the Price or any portion thereof if:-
5.2.1 you use the Services to make false or misleading representations;
5.2.2 you link the Website to that of any third party booking agents;
5.2.3 you act in breach of these Conditions;
5.2.4 the Term expires and is not renewed by you;
5.2.5 the Term expires and we in our absolute discretion decline to renew the same.
6. You shall not assign the Contract or any rights accruing under it to any third party.