Terms & Conditions
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF www.WestSussexMusicServiceOnline.co.uk (“THE WEBSITE”) UNDER THE SOLE OR JOINT CONTROL OF CHARANGA LTD AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN YOU AND US. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. USE OF THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
THIS NOTICE IS ISSUED BY CHARANGA LTD – Last Updated December 21st 2010
Please note the terms and conditions (“Terms and Conditions”) may be updated from time to time without notice. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these terms were last revised. The Terms and Conditions apply to all users of the websites listed below.
Your continued use of website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the website. It is your responsibility to regularly check the website to determine if there have been changes to these Terms and Conditions and to review such changes.
PART 1 – Terms and Conditions for all users
If you do not accept these terms and conditions you may not make any further use of the website.
Charanga LTD currently provides users with access to various online services and resources including forums and specialist content. Unless explicitly stated otherwise, any new features of the Service will be subject to these terms and conditions.
Eligibility and supervising children
Certain aspects of the Service may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
Charanga LTD is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they may be able to access various services including forums. As you will see below, Charanga LTD does not necessarily pre-screen content posted to these pages of the Website and as the legal guardian, it is therefore your responsibility to determine whether any of the Services and/or content is appropriate for your child or pupil.
Member account, password and security
The Internet is not a secure medium. However, Charanga LTD will endeavour to protect all personal information collected through the Website in accordance with strict data protection standards.
The registration processes on the Website may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Charanga LTD of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Charanga LTD cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Any pages of the Website where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Charanga LTD accepts no responsibility for and does not guarantee the accuracy, integrity or quality of any Content placed on our online forums by you or any third party, You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such Content.
If you breach these Terms and Conditions, you should be aware that a party aggrieved by the posting of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.
You agree to not use the Service to:
- upload, post, email, PM (personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Charanga LTD staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation;
- collect or store personal data about other users;
- post content which refers to individual schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means;
You acknowledge that Charanga LTD does not pre-screen Content that you post to the Website, but that Charanga LTD and people designated by it shall have the right (but not the obligation) to monitor communications that occur through and posts made to the Websites. If Charanga LTD determines, in its sole discretion, that you or any other users have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, Charanga LTD may refuse to accept or remove any Content that is available via the Service, without any liability to you or a third party.
Special warning for international use
The Website is designed to be compliant with applicable UK laws and regulations and are intended for use only by users resident in the United Kingdom. Due to the global nature of the Internet, users from all over the world may have access to the Websites, however if you are resident in a country outside of the UK you use the Websites at your own risk.
Rights in posted content
With respect to all Content you post to the Website, you grant Charanga LTD a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Website, you agree to waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Charanga LTD, including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the Content and that: (i) use of the Content will not infringe the rights of any third parties (including that the content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify Charanga LTD and its affiliates for all claims brought by a third party against Charanga LTD or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.
If you object to anything anywhere on this Website, please let us know by calling 01273 823 900 or by sending an appropriately worded email to email@example.com and we will take whatever action we deem appropriate.
General practices regarding use and storage
You acknowledge that Charanga LTD reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Charanga LTD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that Charanga LTD, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Websites or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Charanga LTD believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. The responses described in this paragraph are not limited, and Charanga LTD may take any other action we reasonably deem appropriate in connection with any breach of these Terms and Conditions.
Charanga LTD’s proprietary rights
Charanga LTD is the owner or the licensee of all intellectual property rights in the Websites and the Service (including any Content made available through the Website and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Charanga LTD or advertisers, you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, resell, distribute, exploit or create derivative works based on the Service or the Software, in whole or in part.
Charanga LTD grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Service for its intended purpose, subject to your compliance with these Terms and Conditions. This license does not include the right to collect or use information contained on the Websites for purposes prohibited by these Terms and Conditions; to compete with Charanga LTD; to create derivative works based on the content of the Websites; or download or copy the Websites (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these Terms and Conditions, Charanga LTD may revoke the license granted to you.
You expressly acknowledge and agree that:
- Your use of the service is at your sole risk. Charanga LTD has made every effort to ensure that the Content on the Websites and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Websites is provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Websites or through the Service or that use of the Websites will be uninterrupted or error-free. No responsibility is accepted by or on behalf of Charanga LTD for any errors, omissions or inaccurate Information on the Websites or available through the Service.
- The Content on the Websites and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information and Content of the Websites and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website as a substitute for proper professional advice.
- Charanga LTD is not responsible for how the Content on the Websites or available through the Service is used, how it is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the Information provided on the Websites or available through the Services.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Charanga LTD shall create any warranty or other obligation not expressly stated in the Terms and conditions.
Limitations of Liability
You expressly acknowledge and agree that Charanga LTD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Charanga LTD has been advised of the possibility of such damage) resulting from: (i) the use of or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Charanga LTD.
If you have any complaints about the Website, we want to hear from you so we can improve our service. Please e-mail us and we’ll consider your comments carefully.
These Terms and conditions (including the guides and rules referred to herein) constitute the entire agreement between you and Charanga LTD and govern your use of the Service, superseding any prior agreements between you and Charanga LTD. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by Charanga LTD to exercise or enforce any right or provision of these Terms and conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and conditions remain in full force and effect.
PART 2 – Terms and Conditions of Supply for purchasers of licences
Part 2 of the Terms and Conditions are additional terms which govern the access to our website under a licence contract (the “licence”) ordered from the website www.WestSussexMusicServiceOnline.co.uk (the “Site”). In the event of a conflict the terms of Part 2 shall prevail over Part 1.
Please read these Terms and Conditions carefully before ordering any Licence from the Site as your order indicates that you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
By placing an order on the Site, you promise that you are (1) legally capable of entering into binding contracts; and (2) over the age of 18 years.
Placing an order on the Site
Your order represents an offer to Charanga LTD to purchase a Licence. After placing your order, you will receive an email for us acknowledging receipt of your order.
Price and Payment
The price of the Licence will be as quoted on the Site from time to time, except in the case of obvious error. The price is inclusive of all charges. Prices are liable to change at any time, but changes will not affect existing Contracts and orders which we have accepted in accordance with the process outlined above.
If the Site contains incorrect information, or a subscription is listed at an incorrect price, due to typographical errors or an error in pricing information, Charanga LTD shall not be under any obligation to provide the products to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your Licence is cancelled, Charanga LTD shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively Charanga LTD will give you the option of reconfirming your order at the correct price.
Payment can be made by credit or debit card or by direct debit. Charanga LTD will deduct the appropriate amount from your credit or debit card when you place the subscription order.
If you order a Licence for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that if you are ordering from outside the UK you must comply with all applicable laws and regulations of country from which the website will be accessed. We will not be liable for any breach by you of any such laws.
Term of the Contract and your right to cancel
The Licence will be for the term requested by you in your order, as confirmed in the email sent on formation of the Contract. Subscribers may cancel their Licence at any time and the cancellation will take immediate effect from the date of the next Licence renewal date.
Limitation of Liability
Charanga LTD’s liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the price of the Licence you purchased. You expressly acknowledge and agree that Charanga LTD shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Charanga LTD has been advised of the possibility of such damage) This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
Events outside of our Control
Charanga LTD will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Charanga LTD’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.