Clarinet Companion Ltd.
General Terms and Conditions.
"Agreement" means any contract for the provision of services by the Company to the Customer which incorporates these conditions.
"Charges" means the charges payable by the Customer for the provision of services details of which can be found on the website through http://www.clarinetcompanion.com which may vary from time to time.
"Company" means Clarinet Companion Ltd. a company registered in Scotland under number 328673 whose registered office is currently situated at Clarinet Companion Ltd., Hunter's Lodge, 82 Duthie Terrace, Aberdeen, AB10 7PR, Scotland, U.K.
"Commencement Date" means the date upon which the Company confirms acceptance of the Customers payment of membership.
"Credit/Debit Card" means any credit card or debit card issued by financial institutions which is acceptable to the Company and can be used for payment via Paypal.
"Paypal" means the payment services offered by Paypal Ltd.
"Intellectual Property Rights" means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to copyright, design rights, know-how, rights in composition and ideas and rights to confidance together with any right to apply for any such intellectual property rights and the benefit for any such intellectual property rights.
"A Grade" means any one grade contained on the website.
1.2. This Agreement in it's latest version can be viewed at any time at http://www.clarinetcompanion.com/clarinetcompanionweb_002htm.
2. Terms of Contract.
2.1. These conditions shall apply to and be incorporated into any Agreement between the Company and the Customer relating to services.
2.2. Subject to any special conditions agreed between the Company and the Customer, these general Terms and Conditions shall apply and shall prevail over any other terms of this Agreement. No variation or waiver or addition to this Agreement shall be binding on the Company, unless and until it is confirmed in writing by the Company.
3.1. Payment of Charges are normally made through Paypal using a valid Credit/Debit Card. Payments processed by Paypal are subject to Paypal's terms and conditions of service and Clarinet Companion makes no representations or warranties with respect to those services.
Payments can be made by cheque but a further charge of £10 has to be added to the total to cover banking charges.
3.2. The Company shall be entitled to vary the Charges from time to time.
3.3 All accounts are payable on demand.
3.4 Membership Charge is payable for access to one grade only. Access to other grades will be paid at the appropriate rate for each grade.
3.5 The Charge is for access to a grade from the commencement date up to a maximum of two calendar years. Due to the nature of the site no refund will be given once entry as a subscriber has been achieved.
4. Customer obligations.
4.1. The Customer must keep confidential all passwords received from the Company and notify the Company immediately upon becoming aware that a password has become known to an unauthorised third party.
4.2. Only make use of the services for a legitimate and lawful purpose.
4.3. The Customer must not send, transmit, make available, copy, retransmit, broadcast or publish (wheather directly or indirectly) in whatever form any data, information, sheet music, music files or material which infringes the Intellectual Property Rights of the Company in any territory in which they are or may be accessed or made available.
4.4 Without prejudice to any other rights of the Company arising from this Agreement or otherwise, the Customer will indemnify the Company against all claims, losses, liabilities, expenses, fines and penalties of whatsoever nature made, incurred or imposed as a result of a breach by the Customer of the terms of this clause.
5.1. To the extent permitted by law, the Company shall not be liable to the Customer save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Customer.
5.2. The Company disclaims all liabilities in connection with the following:
incompatibility of the site with any of the Customers equipment, software or telecommunications links.
technical problems including errors or interruptions of the site.
5.3. Where the customer accesses this site from locations outside the United Kingdom, the Customer does so on the Customer's own initiative and is responsible for compliance with local laws.
6. Intellectual Property Rights.
6.1. All Intellectual Property Rights of the Company shall at all times for the duration period of this Agreement remain vested in the Company.
7. Data Protection.
7.1. All information, mail messages and other data stored on the Company's computer system will be treated as private and solely the property of the customer at all times and will not be duplicated, copied reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of the Company's back up services and/or providing the Customer with the servicesand/or for the Company's own internal purposes such as market research.
7.2. The Customer accepts that the Company will put its name on its mailing list for receipt of product information and other advertising material from the Company unless it informs the Company by e-mail that it does not wish to receive such material.
- Force Majeure
8.1. The Company shall not be liable for any failure in performing it's obligations under this Agreement due to circumstances beyond it's reasonable control.
The Customer should address any complaints concerning the provision of the Services to the Company at the Company's address shown in clause 1.1 or by e-mail to firstname.lastname@example.org.
10. Third Party Rights.
Nothing in this Agreement shall be taken as granting any rights expressely or impliedly whether contractual or statutory to persons other than the Company and the Customer, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.