Please read carefully the following terms and conditions ('these Terms') for the use of the Indmill Limited ('Indmill') on-line radio streaming and MP3 download service ('the Service'). By using the Service you agree to be legally bound by these Terms, if you do not agree, do not use the Service. You can print off these Terms, or store them in your computer, for future reference. These Terms may be updated by us from time to time without notice to you. You should review the Indmill website periodically for changes to these Terms, your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
1. |
INTERPRETATION |
| 1.1 | In these Terms: 'Indmill' means Indmill Limited; 'Content' means all material on the site including any information, text, graphics, logos, photographs, images, illustrations and sound; 'Contract' means the contract for the provision of the Service to you on the basis of these Terms; 'Download' means any files, data or materials supplied through the Service; 'Service' means the Indmill digital media download and streaming services; 'Site' means Indmill's website at indmill.com, or any other site used by Indmill for the provision of the Service; 'Standard Charge' means Indmill's standard charge for supply of the Service, as set out on the Site or as varied from time to time; 'Territory' means the world; 'you' or 'your' means the person which has registered on the Site for whom Indmill has agreed to provide the Service in accordance with these Terms, and includes any individual who uses the Service on behalf of that person. |
2. |
INFORMATION ABOUT INDMILL |
| 2.1 | indmill.com is a site operated by Indmill Limited. Indmill is registered in England and Wales under company number 6515471. Indmill's registered office is at 40 Alma Avenue, London, E4 9JT. Indmill's VAT number is 930865022. |
3. |
INTELLECTUAL PROPERTY RIGHTS |
| 3.1 | Indmill is the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. |
4. |
REGISTRATION |
| 4.1 | To use the Service, you must first complete the registration process on the Site. |
| 4.2 | If you register with the Site on behalf of another individual, firm, company or other person, you must ensure that the other person is aware of and agrees to these Terms, and you warrant that you have done so and are authorised to bind that other person. |
| 4.3 | In order to access the Service, you will be required to enter the username and password you selected during the registration process. You may change your password at any time. |
| 4.4 | You are responsible for the security and proper use of all passwords and must take all necessary steps to ensure that all passwords are kept confidential, and are used properly and not disclosed to unauthorised people. You must inform Indmill immediately if you have any reason to believe that any passwords have become known to someone not authorised to use it or if any passwords are being or likely to be used in an unauthorised way. Indmill will not be liable if passwords are disclosed or used improperly. |
| 4.5 | Indmill has the right to disable any password at any time if in Indmill's opinion you have failed to comply with any of the provisions of these Terms. |
| 4.6 | If you forget any password, you will be given a new password once you contact Indmill and satisfy the security checks which Indmill operates. |
| 4.7 | You confirm that all the information supplied by you during the registration process is true, complete and accurate in all respects. You agree to notify Indmill immediately of any changes to your registration information. If Indmill believes that you have provided false information or that you have intentionally failed to notify Indmill of any changes to this information, Indmill reserves the right to terminate your access to the Service immediately and without notice. |
5. |
THE SERVICE & YOUR USE OF THE SITE |
| 5.1 | The Site provides an online radio streaming service and digital media downloads designed to enable you to purchase legal digital media. The Service is for your own personal and non-commercial use and you are not authorised to make any copies of any downloads or streams other than for personal use. |
| 5.2 | You may preview a portion of as many songs as you wish directly from the Site on a promotional basis with no cost to you. You may not (or support others) to capture, copy, or download any preview. |
| 5.3 | Except as expressly provided in these Terms no part of the Site or Services may be copied or reproduced in any manner and you may not use any automatic device or manual process to access, acquire, copy or monitor any portion of the Site or Services or in any way reproduce or circumvent the navigational structure or presentation of the Site. |
| 5.4 | You may not use the Site or Services for any purpose that is unlawful or prohibited by these Terms. |
| 5.5 | You agree you will not (or support others to) circumvent or modify any security technology or software that is part of the Site. |
| 5.6 | You agree that you will not use the Service in any manner that could damage, disable, impair or overburden the Site and will not attempt to gain unauthorised access to any part of the Site through hacking, password mining or any other means. |
6. |
OBJECTIONABLE MATERIAL |
| 6.1 | You understand that by using the Site you may encounter content that may be deemed offensive, indecent, violent or objectionable, which content may or not be identified as having explicit language. Notwithstanding this you agree to use the Site at your own risk and Indmill will not be liable to you for content that may be found offensive, indecent, violent or objectionable. |
7. |
AGE RESTRICTION & CHILD SUPERVISION |
| 7.1 | You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Site and Services. If you are under 18 but at least 13 years of age you must present these Terms to your parent or legal guardian and he/she may consent on your behalf. |
| 7.2 | Parents/guardians allowing children access to and use of the Site should supervise such access and use. It is your responsibility to determine what is suitable for them to access. |
8. |
PRICE & PAYMENT |
| 8.1 | In consideration of the supply of the Service, you agree to pay to Indmill the Standard Charge in relation to each Download. |
| 8.2 | Indmill shall, at its sole discretion, be entitled to vary the Standard Charge from time to time without notice to you. |
| 8.3 | All payments under the Contract shall include VAT (or the equivalent). |
| 8.4 | Payment of Indmill's charges by you for the use of the Service must be made using a credit or debit card. Payments to Indmill will not show up on your debit or credit card account until 8 days have lapsed from download of any Content. |
| 8.5 | All credit and debit card payments will be subject to a transaction fee which may vary and which shall be payable by you. |
9. |
CHARITABLE DONATIONS |
| 9.1 | Indmill donates five percent (5%) of its income (excluding VAT on EU sales) from the sale of Content to charity which is equal to 0.5% of the purchase price (excluding VAT) and the users of the Site who upload their Content to the Site are also given an opportunity to donate a percentage of their income from sales of Content through the Site to a charity of their choice. |
| 9.2 | You are able to select a charity from the list provided on the Site to which you may make a charitable donation. |
10. |
REFUND POLICY |
| 10.1 | All sales are final and all charges from those sales are non-refundable unless faulty. Due to the nature of the service it is not possible to cancel any purchase after you have confirmed payment. |
| 10.2 | You shall be entitled to notify Indmill of any faulty Content purchased and downloaded by you within seven (7) days of the initial Download. Indmill shall permit you to download a file containing the same Content in replacement of the original faulty Download at no cost if in its reasonable opinion Indmill deems the original Download to be corrupt, malfunctioning or inoperable on your system. |
11. |
LINKS TO THIRD PARTY WEBSITES |
| 11.1 | The Site may include links to third party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that Indmill is not responsible for the content or availability of any such sites. |
12. |
DISCLAIMERS & LIMITATION OF LIABILITY |
| 12.1 | Use of the Service is at your own risk. Indmill does not promise that the Site, Content, Service or feature of the Site will be uninterrupted or error-free, or that any defects will be corrected. The Site, Content and Service are provided on an “as-is” and “as-available” basis without any warranty of any kind whether express or implied. |
| 12.2 | Indmill cannot ensure that any files or other data you download from the Site will be free of viruses or anything else that may be destructive. |
| 12.3 | Indmill disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and you assume total responsibility for your use of the Site and any linked sites. |
| 12.4 | To the extent permitted by law Indmill and third parties connected to Indmill hereby expressly exclude: |
| 12.4.1 | all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and | |
| 12.4.2 | any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or Services or any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. |
| 12.5 | Notwithstanding the above if Indmill is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Service, Indmill's liability shall in no event exceed the total of any fees paid by you with respect to the Service within the six months prior to the date of the initial claim made against Indmill. |
| 12.6 | Nothing stated in Clause 11.4 above shall be construed so as to exclude or limit the liability for death or personal injury as a result of the negligence of Indmill nor any other liability which cannot be excluded or limited under applicable law. |
| 12.7 | Your sole remedy for dissatisfaction with the Site, Content or Service is to stop using the Site or any such Content |
| 12.8 | Indmill reserves the right, without notice, to do any of the following at any time: |
| 12.8.1 | to modify, interrupt, suspend or terminate operation of or access to the Site, or any portion of the Site; and | |
| 12.8.2 | to modify or change the Site, and any policies or terms. |
13. |
INDEMNITY |
| 13.1 | You agree to indemnify and hold Indmill, harmless from and against any breach by you of these Terms and any claim or demand brought against Indmill by any third party arising out of your use of the Services including without limitation any demands, loss, liability, claims or expenses (including legal costs and expenses), howsoever suffered or incurred by Indmill due to or arising out of or in connection with your use of the Site. |
14 |
PRIVACY POLICY |
| 14.1 | Indmill processes information about you in accordance with its Privacy Policy. The Privacy Policy applies to the use of this Site and Service and its terms are made a part of these Terms by this reference. To view Indmill's Privacy Policy click here http://indmill.com/privacy |
15. |
VIOLATION OF THESE TERMS OF USE |
| 15.1 | Indmill 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 Site. Indmill reserves the right to disclose any information that Indmill deems necessary to comply with any applicable law, regulation, legal process or governmental request. Indmill may also disclose your information when Indmill determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. |
16. |
TERMINATION |
| 16.1 | Indmill has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms . Indmill may also, at its sole discretion, discontinue the Site/Services or any part thereof without prior notice and you agree that Indmill shall not be liable to you or any third party for any termination of your access to the Site/Service. |
17. |
SEVERANCE |
| 17.1 | If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable. |
18. |
GOVERNING LAW |
| 18.1 | There Terms shall be governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts. |