These terms and conditions (the Terms) will apply when you sign up to our service. Our service is a subscription service to access the music or other material available on our website, and purchase music as offered on our website from time to time. This is what we mean when we talk about the ‘service’ or the ‘subscription service’.
Please ensure that you read the Terms carefully and that you understand their contents. These Terms tell you who we are, how we will provide the service to you, how you and we may change or end the Terms, what to do if there is a problem and other important information. You accept and agree to these Terms when you subscribe to the service or use the website.
Please ensure that you check for any new versions of these Terms from time to time, as they will supersede the older versions. If any significant changes are made to these Terms, we will notify you in advance of them coming into effect.
If you have any questions about these Terms or concerns about your subscription, please contact us at firstname.lastname@example.org.
If we have to contact you we will do so by writing to you at the email address you provided to us when you signed up to our service.
4. Subscription process and renewal
You will need to sign up to our service through our website. Once you have signed up, you will receive a payment receipt. This is the point at which a contract will be formed between you and us.
Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel in accordance with the terms below.
5. Provision of the service
We are not obliged to provide any specific content through our service. We may remove or change the subscription content from time to time without notice.
The subscription service may be used alongside other third party computers, mobile devices, speakers, headphones or other devices. We do not guarantee that those devices will be compatible with our service.
We do not make any warranties or representations about the quality of the subscription content on your audio visual devices or equipment.
Suspending the service
We may have to suspend the service to deal with technical problems, maintenance, updates or to make minor technical changes, or to update the website to reflect changes in relevant laws and regulatory requirements.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the service for longer than a month, we will adjust the price so that you are not paying for time where the service is suspended.
We may also suspect the service if you do not pay as required under these Terms and any other information provided to you when you sign up to our subscription service.
6. Your use of the service
You will need to become a member to access our service. Your username and password are for your personal use only and should be kept confidential and not shared. You will be responsible for any use of your username and password (including any unauthorised use). Please contact us immediately if you suspect there has been unauthorised use of your membership details or if your username or password is lost or stolen. We can require you to change your username for any reason.
Provided that you comply with these Terms, you are granted a limited, non-exclusive revocable right to make personal and non-commercial use of the service and the subscription content. This right to use the service shall remain until you or we cancel the service or otherwise terminate the contract. You agree that you will not redistribute or transfer the service or the subscription content, except where permitted under these Terms.
You may not do any of the following:
reproduce, download other than for personal use, copy, monetise, sub-license, create derivative works from, display to the public, or otherwise use the content of our website and any subscription content in any way other than a way expressly permitted under these Terms;
register a username that is offensive, defamatory, abusive, threatening, obscene or that advocates or incites violence;
introduce malicious content which interferes with the provision of the services.
7. Our rights to make changes
We may make minor changes to the subscription service, to reflect changes in law or regulatory requirements and/or to implement minor technical adjustments and improvements, for example to address a security threat.
We may make more significant changes to the subscription service, for example changes to the price. If we do make significant changes, we will notify you and you may then contact us to end the contract before the changes take effect or otherwise unsubscribe from the service. Subject to any applicable law, by continuing to use our services after the price change takes effect, you have accepted the new price.
8. Cancellation by You
During the cooling-off period
You have a legal right to change your mind within 14 days from the day on which we issue the payment receipt (this is known as the cooling-off period). If you exercise your right to change your mind during the cooling-off period, you will receive a refund for the subscription fee.
We will make any refunds due to you as soon as possible to the same card you used to make the payments, but no later than 14 days from the date on which you cancelled the contract. To exercise your right to cancel during the cooling-off period, you can either use the model cancellation form that we have supplied at the end of these Terms or email us at email@example.com.
After the cooling-off period
As your subscription to our service is on a rolling basis, you can always end your contract with us, even after the 14 day period. Please email us at firstname.lastname@example.org to cancel. For monthly subscribers, cancellation will take effect from the end of the monthly period in which you cancel your subscription. For annual subscribers, cancellation will take effect from the end of the calendar month in which you cancel your subscription.
9. Cancellation by Us
We may end this contract if you breach it. We may restrict, suspend or end the contract at any time if:
you miss a payment and you still do not make the payment within a month of it being due;
you commit, or we reasonably suspect you may be committing, identity fraud or if your conduct is dishonest or involves a misuse of the service;
you reproduce, or we reasonably suspect you may be reproducing, any subscription content without permission; or
if you breach, or we reasonably suspect you are breaching, any other provisions in these Terms.
If your access to the services is restricted, suspended, or ended, you may be unable to access the subscription content and you may not receive any refund of fees or any other compensation.
10. Price and Payment
You will need to pay the subscription fee. You will be informed of this fee when you go to subscribe to our service.
11. Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
12. Our responsibility for loss or damage suffered by you
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We are not liable for any losses which are not caused by our breach of this contract or our failure to use reasonable care and skill. We are not liable for any losses caused by a third party. We have no liability to you, nor any obligation to provide a refund to you, in connection with any internet downtime or other issues which are caused by the actions of third parties or events outside our control.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. Subject to that, our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the amount you have paid us in the three months preceding the issue giving rise to a claim.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us at any time.
We only supply the service for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Data Protection
14. Other important terms
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may not transfer your rights or your obligations under these Terms to another person.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
1 October 2021
(Complete and return this form only if you wish to withdraw from the contract during the cooling-off period)
To October House Records Limited, 45 Queen Street, Deal, Kent, England, CT14 6EY.
I hereby give notice that I cancel my contract of sale for the supply of the October House subscription service,
Ordered on [*]/received on [*],
Name of consumer,
Address of consumer,
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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