Please read all these terms and conditions.
As we can accept your purchase and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are BandJamTrax, with email address hello@bandjamtrax.com; (the Supplier or us or we).
These are the terms on which we sell all Services to you. By purchasing any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Purchase means the Customer’s purchase of the Products from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Products means the digital products advertised on the Website, of the number and description set out in the Order;
Website means our website www.bandjamtrax.com on which the Services are advertised.
Copyrights, Trademarks, and Other Proprietary Rights
The use of this Website does not grant you any other rights than those envisaged by the present ones.
All contents of the Website are subject to the appropriate copyright, trademark or other intellectual property laws. You may use the content only for your personal use. You must keep intact all copyright, trademark or other proprietary notices or marks. You may not copy or reproduce any content obtained from this Website or copy or reproduce any services purchased from the Website except for your own personal use.
YOU AGREE NOT TO ALTER, MODIFY, PUBLISH, DISTRIBUTE, SELL, BROADCAST, TRANSMIT, CREATE DERIVATIVE WORKS FROM, OR EDIT ANY CONTENT OF THIS WEBSITE OR PRODUCTS PURCHASED FROM www.bandjamtrax.com WITHOUT THE EXPRESSED WRITTEN PERMISSION OF BandJamTrax AND/OR ANY APPROPRIATE THIRD PARTIES. Any copyright infringement will result in possible legal action.
All contents of the Website are part of Section 107 of the Copyright Act, commonly known as “Fair Use Doctrine”, allowing limited use of copyrighted material for educational purposes.
Products
The description of the Products is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only.
All Products which appear on the Website are for streaming only; they are not available for downloading.
We can make changes to the Products which are necessary with regards to the production and educational value thereof.
Acceptance of Terms
You must cooperate with us in all matters relating to the Products, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Products until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
By accessing this Website and/or purchasing products from BandJamTrax, you agree without exception to all terms and conditions listed herein. If you do not agree with any of these terms of service, please do not use the Website or purchase our products.
Please review this agreement periodically as we may, at any time, modify these terms of service. However, the applicable conditions will remain those in force on the Website at the date of the customer’s purchasing. Upon modification, your continued use of this Website signifies your acceptance of any and all changes.
For other accessible services from the Website, you are subjected to the general conditions of the external provider who manages them.
Personal information and Registration
When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
The description of the Products on our website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for theProducts purchased only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, before performance begins of any of the Products.
No variation of the Contract, whether about description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
You agree to pay for all products you purchase through this service, and that BandJamTrax may charge your credit card or other payment system integrated on the Website for any products purchased, and for any additional amounts (including any taxes) as may be accrued by or in connection with your account.
You are responsible for providing BandJamTrax with valid credit card information or information for other payment systems presented on the Website for payment of all fees. Such information will be stored by BandJamTrax in accordance with our Privacy Policies.
During the ordering process and until payment, you can cancel or modify your order.
The payment is done online after the validation of the order either directly by credit card or by PayPal.
BandJamTrax has the right to change prices and availability of any product at any time.
Your use of the service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
Digital Delivery
The Website supplies tracks which are streamable. Use your personal login and password to access the streaming area. BandJamTrax recommends Windows XP or higher, Internet Explorer 6+ or Mozilla Firefox, to stream purchases and cannot offer support for any other platforms or third party software.
Account Cancellation
BandJamTrax may inactivate, without notice or allowance, your account in case of violation by you of these general conditions, of nonpayment by you of the due sums or other acts against BandJamTrax’s interests.
Disclaimer of Warranties
Use of the Website is at your own risk. The content and service is provided on an “as is” basis. BandJamTrax offers no warranty of any kind, express or implied. BandJamTrax does not warrant that any content on this Website is accurate, that this Website will be available at any particular time, or that any errors will be corrected.
BandJamTrax cannot be liable for the access speed of the Website from other websites, the access speed in Website pages opening or consultation, downloading or playback speed, external slowdown, suspension or inaccessibility of its services.
In addition, BandJamTrax cannot be liable in any case for the lack of protection of your technical equipment, in particular against any form of contamination by viruses and/or intrusion attempts which are under your responsibility.
Installation, use and maintenance of your technical equipment in order to access the Website are under your responsibility. In any case BandJamTrax cannot be liable for the incompatibility of the Website or malfunctions with some of your software, configurations, operating system or equipment.
Third Party Websites
BandJamTrax does not control the content of the internet outside of its Website. We may provide links to other sites which are beyond our control. Inclusion of a link is not an endorsement or recommendation of the site. You acknowledge that BandJamTrax is not responsible for the content of third party sites and understand that we make no claims as to the quality or legality of any such site and hereby waive any claim you might have in regard to such.
Applicable Law
This User Agreement/Terms of Service and any dispute arising thereof shall be governed by and construed in accordance with the laws of the United Kingdom. You agree that any litigation arising out of these terms of service or your use of this Website shall be filed only in the United Kingdom.
Modification of the Website
BandJamTrax reserves the right to change, modify or discontinue any or all content and/or services of the Website with or without notice and without liability to you or any other parties
Circumstances beyond the control of either Party
In the event of any failure by a party because of something beyond its reasonable control :
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.bandjamtrax.com) and cookies policy (www.bandjamtrax.com).
For the purposes of these Terms and Conditions:
We are a Data Controller of the Personal Data we Process in providing the Services to you.
Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
For any enquiries or complaints regarding data privacy, you can email: hello@bandjamtrax.com.
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
