TERMS AND CONDITIONS OF USE
This page (together with the documents referred to on it) tells you the terms and conditions on which you may make use of our website passengermusic.com (our site), whether as a guest or a registered user and on which we sell and supply any of the merchandise products (“Physical Products”) listed on our site. If you don’t accept the terms and conditions, please do not use our site.
Our site provides a feature that facilitates the sale and supply of Physical Products. Please read these terms and conditions carefully before ordering any Physical Products from our site. When placing an order, you will be invited to agree to these terms and conditions by clicking ‘CONTINUE’. If you don’t accept the terms and conditions by ticking this box, you will not be able to order any Physical Products from our site.
You can print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
Our site is operated by passengermusic.com (“we, us or our”). We are registered in England under number 7764279. Our registered office is 88/90 Baker Street, London, W1U 6TQ. Our registered VAT number is GB121493928
To contact us please email us at [email protected]
2. ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. Accordingly you may be required to register an account with us and submit certain personal data to access certain parts of the site.
This site is not aimed at Minors. You must only register an account with us or share personal information with us if you are not a Minor (the age of Minors is determined by local laws where you reside). In any event, if you are under the age of 16 years old then you should have a parent or guardian review and approve these terms and conditions on your behalf prior to you using the site.
You may not sell or transfer your account to any other person without our prior written approval.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
We may make alterations to these terms and conditions from time to time (as detailed below at section 22) and these variations shall apply to you immediately upon being accessible from our site. Every time you wish to order Physical Products, please check these terms and conditions to ensure you understand the terms which will apply at that time.
If the need arises, we may suspend access to our site to carry out routine or emergency work. We will not be liable if for any reason our site is unavailable at any time or for any period.
When using our site, you must also comply with the provisions of our Privacy & Cookies Policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Some of the functionality and services available to you via our site are provided by third party partners and you may be required to register an account with that party to use all the functionality or services of our site. Although we have carefully chosen our partners, you should fully review any additional terms and conditions or privacy and cookies policy which you may be required to consent to when you register an account with that party. Please note that we are not responsible for the contents of such terms and conditions or privacy and cookies policy, or our partners performance towards you.
As a condition of us (and/or our partners) providing the site and services available on it to you, you confirm that you will use the site and the services available for your personal, non-commercial use only.
3. SITE RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
By “Intellectual Property Rights” what we mean is all ownership rights and interests in copyright, design right, data base right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other similar right.
There are two types of content on our site: (1) content of which we are the owner or the licensee of; and (2) user submitted content which is submitted in accordance with these Terms and Conditions.
We own all Intellectual Property Rights in our site which is not user submitted content, including but not limited to its underlying software and technology and the Physical Products available through it belong to us and vest in us, or are licensed to us. All such rights are reserved. All third party trade names and trade marks are held by their respective owners and we make no warranty or representation in relation to them.
Subject to these terms and conditions and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited licence to access and use our site and the content solely for your private, non-commercial, personal use only.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and private use only.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site (including without limitation any illustrations, photographs, video or audio materials) for any purpose other than your own personal and non-commercial use only in the present and future without obtaining a licence to do so from us or our licensors in writing.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership of our site and any Physical Products and should not be deemed a sale or transfer of any copyright or other right.
Images of people or places displayed on our site are either the property of, or used with permission by us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions of use or specific permission provided elsewhere on our site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
With respect to user submitted content, no representation or warranty is made by us in respect of that content. You may only submit content to the site which you are entitled to do, and you should carefully note the contents of sections 8, 9 and 10 below.
4. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. RESTRICTIONS AND OBLIGATIONS
You agree to comply with these terms and conditions and all rules applicable to the use of our site.
Therefore you agree not to:
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of any software contained in or used for our site;
use or deal in our site except as permitted by these terms and conditions;
make any commercial use of our site and/or all underlying intellectual property rights and content on our site in present and future without our prior written permission;
make our site or any part of it available to any third party except with our prior written consent;
make any association with our site and/or all underlying intellectual property rights and content on our site for either commercial or non-commercial purposes without our prior written consent; and
delete or obscure any copyright or other proprietary notice on our site.
7. OUR LIABILITY
We provide and maintain our site on an “as is” basis and we are liable only to provide its services with reasonable care and skill.
The material displayed on our site and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, 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 or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; and
wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not warrant that the operation of our site will be uninterrupted or error free.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. UPLOADING MATERIAL TO OUR SITE
We may from time to time provide a feature that allows you to upload material which you can contribute to our site, or to make contact with other users of our site, including interactive services such as chat forums. If you make use of such feature then you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you agree to indemnify (fully compensate) us for any breach of that warranty.
Any material you upload to our site must be owned by you.
Material which you submit will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for the use within the site.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site.
9. MODERATION OF COMMENTS AND MATERIAL
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). The use of the applicable service shall be governed by these and our terms and conditions of use unless where expressly set out you.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Please note that we do not actively moderate comments or other content which users may submit to our site. We rely upon community moderation of our site, and provide users with a way of flagging up inappropriate comments or material on our site. As a result, care should be taken when allowing minors to use our site.
We shall examine carefully a comment or other material which a user notifies us as being inappropriate, and we shall exercise in our discretion our right to remove such content.
We reserve the right to suspend or remove a registered account at our own discretion.
10. ACCEPTABLE USE POLICY
The following provisions set out our site’s Acceptable Use Policy that you must comply whilst you use our site.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or
For the purpose of harming or
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below). To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions.
Not to access without authority, interfere with, damage or disrupt:
any part of our site including without limitation in any way that causes or is likely to cause, distress to any person, or for the purposes of spamming or sending unsolicited emails or messages; or
any equipment or network on which our site is stored; or
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
THIRD PARTY INTERACTIVE SERVICES
Part of our site allows you to share content from third party services. You must ensure that you have all the necessary consents and permissions to share such content on our site via such third party services, and in accordance with third party terms of service.
All content must adhere to our Content Standards above.
Some content may be restricted for use outside those services by the copyright owner, and it is your responsibility to check that you are entitled to use the content.
By sharing such content, you confirm to us that you have all necessary consents and permissions as required by law to do so, and that the consent adheres to our Content Standards.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with any part of this Acceptable Use Policy constitutes a material breach of the Terms and Conditions, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
11. COPYRIGHT INFRINGEMENT NOTICE AND TAKE DOWN POLICY
We have taken all reasonable steps to ensure that material made available to you on our site has been cleared for use. However if you believe that there is material on our site which you have certain Intellectual Property Rights in and to which you have not granted permission to be used, then you should notify us in accordance steps below.
A notice of alleged copyright infringement should be sent to the following address: [email protected]
Your notification of claimed copyright infringement must be addressed to our copyright agent and you should include the following information:
A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed so that we may identify the work on our site;
A description of where the material believed to be infringed is located on our Site including URL to help us identify the material you are alleging is infringed;
Your contact information, including your complete name, address, telephone number, and email address so that we may contact you in respect of your claim;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, (and that we can rely on such statement in a court of law), that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly.
12. PURCHASING PHYSICAL PRODUCTS THROUGH OUR SITE
You may purchase Physical Products through our site.
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
When you place an order for a Physical Product (“Order”) this will be deemed an offer to buy the Physical Product for the price stated, subject to these terms and conditions. After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Physical Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Physical Product has been dispatched (“Dispatch Confirmation”).
The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Physical Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Physical Products which may have been part of your Order until the dispatch of such Physical Products has been confirmed in a separate Dispatch Confirmation.
If we are unable to supply you with the Physical Product, for example because that Physical Product is not in stock or no longer available or because of an error in the price on our site as referred to below in section 10, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Physical Products, we will refund you the full amount as soon as reasonably possible.
The price of the Physical Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Physical Product prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Physical Products in full before the change in VAT takes effect.
Physical Product prices and delivery charges are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Dispatch Confirmation.
The price of any Physical Products will be as quoted on our site from time to time, except in cases of an obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due.
Our delivery charges are as quoted on our site from time to time.
Our site contains a large number of Physical Products and it is always possible that, despite our best efforts, some of the Physical Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Physical Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Physical Product to you. If a Physical Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Physical Product, or reject your Order and notify you of the rejection.
We are under no obligation to provide the Physical Product to you at the incorrect (lower) price, even after the Contract between us has been formed, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Physical Products may be made as set out on the payment page of our site, by credit card, debit card or any such payment as we may introduce in our sole discretion.
We aim to debit your account within three working days after receiving your Order.
Your credit card company may also do security checks to confirm it is you making the Order.
Where applicable, all Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
Our total liability to you under the Contract will be limited to the amount paid by you for the Physical Products purchased. Your statutory rights are unaffected by these terms and conditions.
The Physical Products will be dispatched once we have received payment.
14. UK DELIVERY
Delivery dates are estimated and are not guaranteed, although we make every reasonable effort to deliver Physical Products by any quoted delivery date. If, due to an event outside of our control, we are unable to meet the estimated time of delivery, we will contact you with a revised estimated delivery date. Events outside of our control means any event or act beyond our reasonable control including without limitation strikes or other industrial action by third parties, civil commotion, riots, storm, flood and other natural disasters, failure of a private or public telecommunications network or impossibility of the use of railways, shipping and other means of public and private transport. This does not affect your statutory rights.
Delivery will be completed when we deliver the Physical Products to the address you have given to us.
The Physical Products will be at your risk from the time of delivery. Ownership of the Physical Products will only pass to you when we receive full payment of all sums due in respect of the Physical Products, including delivery charges.
15. INTERNATIONAL DELIVERY
We deliver to the countries listed on this page (“International Delivery Options”). However there are restrictions on some Physical Products for certain International Delivery Options, so please review the information on that Page carefully before ordering Physical Products.
If you Order Physical Products from our site for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
You must comply with all applicable laws and regulations of the country of which the Physical Products are destined. We will not be liable or responsible if you break any such law.
You may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Physical Products. In this case, you will receive a full refund of the price paid for the Physical Products in accordance with our refunds policy.
To cancel a Contract, you must inform us in writing. You must also return the Physical Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Physical Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If you return a Physical Product to us because:
you have cancelled the Contract between us within the (7) seven working day period, we will process the refund due to you as soon as possible and, in any case, within (30) thirty days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Physical Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us; and
for any other reason, we will examine the returned Physical Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within (30) thirty days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Physical Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
This does not affect your statutory rights in respect of defective Physical Products.
Unless otherwise stated, all returned Physical Products should be returned by recorded delivery to:
111 Frithville Gardens
17.VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
18. LINKS TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
19. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
20. JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms and conditions are governed by English law.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our site are registered and unregistered Trademarks of ours and others. Nothing contained on our site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our site without our written permission or the written permission of such third party that may own the Trademarks displayed on our site. Your misuse of the Trademarks displayed on our site, or any other content on our site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Site.
23. ENTIRE AGREEMENT
These terms and conditions form the entire agreement between you and us. In the event that any term is found to be unenforceable, it shall be varied with the minimum changes required to give it enforceability in your jurisdiction. All other terms shall remain the same.