Updated 7th April 2009
CONSUMER TERMS AND CONDITIONS OF BIGSONG.CO.UK
Your access to and use of BigSong.co.uk (BigSong) is subject to the following Terms and Conditions. In order to access and use BigSong and its Services you agree to be bound by these Terms and Conditions which form a legally binding contract between BigSong and you. It is your responsibility to read and understand any terms and conditions that apply to your use of the Website and its Services. We reserve the right to amend or update these Terms and Conditions at any time, without notice, and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes. We will indicate the effective date at the top of this page.
If you do not accept these Terms and Conditions, or you cannot comply with them, then you must immediately stop using the Website and its Services.
1. Services
1.1 BigSong provides download Services (“Services”) designed to enable you to purchase Digital Audio and Visual files (“Content”).
2. Offensive Content
2.1 You understand that by using the Services, you may encounter Content that may be deemed offensive, indecent, or which may or may not include explicit lyrics. You agree to use the Service at your sole risk and BigSong.co.uk will not be liable to you for Content that may be found to be offensive, indecent, or include explicit lyrics. BigSong.co.uk does not guarantee the accuracy of any descriptions provided by links on third party websites including, but not limited to, descriptions of any Content.
3. Use of Services & Content
3.1 You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to use any BigSong Services. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf. If you are a parent or guardian allowing your child access to the Services then it is your responsibility to determine which Services are appropriate for your child. You are fully responsible for his or her use of the Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not attempt to access the Service.
3.2 In the event that the download of any Content is unsuccessful as a result of a technical problem after payment has been received for that Content, we will deliver to you that Content directly by another means.
3.3 You acknowledge that any Content purchased via a BigSong Service, is the sole responsibility of the person from whom such Content originated. We do not control the Content and cannot guarantee the accuracy, integrity or quality of such Content. BigSong will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
3.4 You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
4 Privacy Policy
4.1 When using any of the Services you may be asked to provide basic personal information. The information is used solely for informing you of anything relating to our Services. BigSong.co.uk will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.
4.2 If you pay BigSong.co.uk for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by BigSong.co.uk.
4.3 You have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information we hold about you on our database. Should you wish to exercise that right, or if you have any questions concerning the BigSong.co.uk privacy policy, please write to: hello@BigSong.co.uk.
4.4 BigSong has implemented technology and security features to safeguard the privacy of your personal information from unauthorised access or improper use. We employ SSL encryption to secure your personal data and payment information, and hold a SSL certificate which is renewed annually. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
5. Termination
5.1 We have 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 and conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
6. Refund Policy
6.1 All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason. In exceptional circumstances, refunds are given at the discretion of the management.
7.Warranties & Indemnities
7.1 The Content available through BigSong’s Services is provided by third parties, therefore we do not give any warranty or representation as to the quality, fitness for a particular purpose, completeness, security or reliability of such Content.
7.2 We will use our reasonable endeavours to ensure that any Content which you purchase from us will be available for you to download immediately following your payment. Other than that, BigSong is provided on an “as is” basis without warranty of any kind, either express or implied and all other conditions, statements and warranties are hereby excluded to the fullest extent permitted by law. Without limiting the foregoing, we make no warranty that BigSong or any Content downloaded by you will meet your requirements.
7.3 To the extent permitted by law, BigSong.co.uk will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
7.4 BigSong.co.uk makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
7.5 Without limiting any provision herein, BigSong.co.uk makes no warranty that any Content will be compatible with any particular computer, portable device, or other hardware.
8. Liability and Disclaimers
8.1 Nothing in these Terms of Use shall be construed as an attempt to limit or exclude our liability in respect of:
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) or any other liability which cannot be so limited or excluded at law.
8.2 Subject to Clause 8.1 above, you agree that we shall not be liable for any direct loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind or any loss of profit (whether direct or indirect) in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(a) Any use of BigSong or its Contents;
(b) Any failure or delay in the use or any component of BigSong including, without limitation, any unavailability of BigSong irrespective of duration of any period of unavailability,
In all cases, even if we have been forewarned of the possibility of such loss or damage.
8.3 Without limiting the effect of clause 8.2, due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing BigSong. The downloading or other acquisition of any materials or information through BigSong is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or any loss of data that results from the downloading or acquisition of any such materials.
8.4 To the extent that our liability is not excluded by the foregoing provisions of this clause our liability to you in connection with the provision of BigSong or any Content available for download (whether arising in contract, tort (including negligence) or otherwise) is limited to refunding the purchase price paid by you for the particular instance of use of BigSong that gave rise to that liability.
8.5 You agree that you shall indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because your use of BigSong or of Content from BigSong that is in breach of these Terms of Use.
8.6 Nothing in these terms and conditions shall affect your statutory rights as a consumer.
9. No Waiver
9.1 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
10. Severability
10.1 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
11. Entire Agreement
11.1 The warranties, exclusions and the other express provisions of these Terms of Use set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.
12. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
BigSong Limited. Registered office: 2, 214 Chiswick High Road, London, W4 1PD. Registered in England and Wales. Registered No. 06825604.