General
Welcome to our Website at www.smmcmedia.com (the “Website”). The Website is provided by SMMC MEDIA LTD, a company registered under number 07198766 in England and Wales and whose registered office is at 12 Lower Sloane St, London SW1W 8BJ (“SMMC”, “us”, “we” or “our”, for short). “You” and “your” means you as the user of our Website or our services offered via our Website.
Acceptance of Agreement
These terms and conditions, including the End User Licence Agreement below (“Terms and Conditions”) govern your use of the Website and the sale and supply of all services and information via the Website. By accessing the Website, you agree to these Terms and Conditions.
Our Website also offers you the ability to download our Saturday Morning Music Club application (the “App”) via which you may purchase certain products and services. Details of the products and services available via the App are described further below. Those who download the App will also be required to comply with the terms of the End User Licence Agreement which forms part of these Terms and Conditions and governs the use of the App as well as any content downloaded via the App. You may read a copy of the End User Licence Agreement here [insert link to End User Licence Agreement as above].
If you do not agree to these Terms and Conditions, you should not use the Website or the App (as applicable). You should read all the Terms and Conditions prior to using the Website (including the End User Licence Agreement before purchasing the App). You should also save and/or print out a copy of these Terms and Conditions for future reference.
These Terms and Conditions and the Privacy Policy shall be collectively referred to as the “Agreement”. This Agreement constitutes the entire agreement between you and us. If you are uncertain about any of its terms, email info [at] smmcmedia [dot] com (info@smmcmedia.com) or write to us at the address set out above and we will try to respond to your query as soon as possible.
Changes to This Agreement
We may from time to time make changes to the terms of this Agreement. Any changes will be posted on our Website and notified to you by means of a notice and links to the revised terms of the Agreement on our homepage. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. If you use the Website or place orders for services after changes are notified to you in this way, you agree to such changes. If you do not agree to such changes, you should not use this Website or place any further orders.
Any changes to these Terms and Conditions will be notified to you by giving 30 (thirty) days prior written notice. Continued use of the Website or the App after you have been notified of such changes or expiry of the 30 (thirty) day notice period will constitute your acceptance of such changes. If you do not accept changes to the Terms and Conditions, you should stop using the Website and/or the App and cancel your account or services you have signed up for by notifying us and cancelling your account or services on or before the expiry of the 30 (thirty) day notice period. In the event of a cancellation resulting from changes to the Terms and Conditions, you may, in our discretion, be able to claim a refund for any fees paid in advance pro-rated in respect of the period following the date you cancel your account or service (provided we consider the change to the Terms and Condition is sufficiently material and affect the services provided by us to a material extent). To cancel and claim a refund following any changes to the Terms and Conditions, you should notify our customer service team on or before the expiry of the 30 (thirty) day notice period by sending an email to info [at] smmcmedia [dot] com (info@smmcmedia.com), providing details of their name, account details, account reference and the account or service you wish to cancel.
Accessing Our Website
Access to our Website and/or the App is permitted on a temporary basis and we may withdraw or amend any or all of the Website and/or the App without notice. Access to our Website and/or the App is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access our Website and/or App arising out of circumstances beyond our reasonable control.
We may disable your access to our Website and/or the App at any time if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
You acknowledge that downloading the App (including, without limitation, content provided as part of the App) may incur the transfer of large data files. Transferring large data files may mean you may be liable for data charges due to your internet service provider (ISP) or mobile network operator. ALWAYS CHECK SUCH CHARGES WITH YOUR PROVIDER AND YOUR APPLICABLE DATA TARIFF BEFORE DOWNLOADING ANY APP OR ANY CONTENT VIA THE APP OR ANY SERVICES WHICH REQUIRE LARGE DATA FILES TO BE TRANSFERRED.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Website and/or via the App are not intended as advice and should not be relied upon. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this Agreement are hereby excluded.
Linking to Our Website
You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. you must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. you must not remove or obscure by framing or otherwise, advertisements, the copyright notice, or other information published on the Website. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Limited Licence
Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of this Website and all data, information, software graphics, images, text, posts and other content on the Website, (“Web Materials”) on a single device strictly in accordance with this Agreement.
The Web Materials and the App Materials (as defined in the End User Licence Agreement below) shall together be called, the “Materials”.
You may only view, print out and use the Website and the Materials for Your own personal, non-commercial use. We (and/or the applicable licensors) expressly reserve all intellectual property rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not (a) remove any copyright or other proprietary notices contained in the Materials; (b) modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (c) transfer the Materials to any other person (other than as expressly permitted in the End User Licence Agreement (in the case of the App Materials); (d) use any of the Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or (e) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials in any way (other than as expressly permitted in the End User Licence Agreement (in the case of the App Materials); without our prior written consent.
Trade Marks
We expressly reserve all rights in and to the domain name www.smmcmedia.com, the trading name, Saturday Morning Music Club and all other related service marks, trading names or other trade marks relating to our products and services (including, without limitation, SMMC and SMMC Media). Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
Third Party Sites and Content
The Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we or this Website is/are affiliated or associated such sites. Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for such content.
Purchase of Services, Acceptance and when a Contract Is Formed
All orders are subject to: (a) your paying the applicable fee in advance and our receiving that fee in cleared funds; and (b) acceptance by us by our sending you a confirmation email confirming that we have accepted your order and that your payment has been cleared and accepted.
You will receive an email confirmation that your payment has been accepted and cleared.
When you receive the first confirmation email from us, a legally binding agreement will be formed between you and us.
The steps you need to follow to purchase our services are set out at www.smmcmedia.com.
We will use our reasonable endeavours to keep copies of all contracts for orders placed for services by you, but cannot guarantee that it will keep a copy of every agreement for an unlimited time due to the number of orders that it receives. You should print out a copy of these Terms and Conditions and the confirmation email in relation to all transactions and keep them in a safe place as a record of each transaction.
Contracts with Saturday Morning Music Club are concluded in English.
Prices and Payment
The prices for our services will be as quoted on our Website, except in the case of obvious errors. Our prices are subject to change and we reserve the right to change our prices without notifying you directly, although the Website will be amended accordingly. All prices are inclusive of VAT.
You may pay for your order by credit or debit card. Credit card and debit payments can be made either on-line (via our SSL secure payment system), using one of the following credit cards: VISA, Mastercard or Switch. We will charge your credit card or debit your bank account or cash your cheque before we authorise release of the repair service or product in question. All credit card payments are subject to validation checks and authorisation by the card issuer.
You promise that if you are purchasing something from us or our partners that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
End User Licence Agreement
This End User Licence Agreement sets out the terms and conditions which apply to the use by you, as an end user, of content which you have downloaded, updated and/or licensed from the Saturday Morning Music Club App. End users who register and download content from the App shall be called “you”, “your” or a “user”.
You are advised to read the terms of this End User Licence Agreement carefully as it sets out details of any restrictions and limitations upon the use of content downloaded and/or updated via the App (“App Materials”), as well as details of the permitted use which the App Materials may be used for. If you wish to download App Materials, you agree to the terms of this End User Licence Agreement and your use of the App Materials is subject to our receipt in full in cleared funds of the applicable fee in respect of such materials (the “Licence Fee”). We may suspend your use of the App we fail to receive the applicable Licence Fee on or before the due date for payment in accordance with the applicable payment terms.
Before you can download App Materials from the App, you must scroll through, read and accept the terms of this Agreement. When you click “I accept” and have received an order confirmation, this Agreement will form a legally binding Agreement between you and us.
In consideration of the payment by you of the Licence Fee on or before the due date for payment, we hereby grant you a personal, non-exclusive, non-transferable, limited, right to download, listen to and copy the App Materials solely in conjunction with the App (and no other software application without our prior written consent) for your own limited, personal, non-commercial use (and for no other purpose whatsoever) for use on up to 5 (five) of your own personal devices (but no more without our prior consent), provided always that such use is subject to, and in accordance with, the terms and conditions of this Agreement. The App Materials will be made available periodically (e.g. weekly) depending on the type of service you select as part of the purchase process.
All rights in and to the App Materials not expressly granted under this Agreement are expressly reserved to us and/or the applicable licensor.
You must pay the applicable Licence Fee before you can use the App and download the App Materials you have chosen. To pay, please follow the payment instructions on the Website. You promise that all payment information you provide is accurate and that you are entitled to use the payment method you have chosen. If you are using a credit or debit card or PayPal, you promise that you are authorised to use the credit or debit card or PayPal password and username. If your Licence Fee payment is subsequently declined or we do not receive payment for any reason, we may terminate this Agreement and you may not use the App and/or the App Materials.
Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement. If any of the warranties given by us under this Agreement are breached, we shall, at its absolute discretion, either (i) obtain the right for you to use the App Materials in question at its cost; or (ii) repay the Licence Fee paid for use of the App Materials.
If you fail to comply with any term of this End User Licence Agreement, we may (without prejudice to any other rights we may have) suspend provision of the applicable account or service provided to us and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of the terms of this Agreement, including any use of the App Materials other than in accordance with the term of the End User Licence Agreement.
No waiver of any breach of this Agreement shall be construed to constitute a waiver of any subsequent breach of like nature or similar nature.
Refund and Cancellation Policy
Cancellations:
You agree to provide truthful and complete information when registering for our Services and to keep that information updated. Providing misleading information about your identity is forbidden under this Agreement.
You may cancel any order at any time and claim a refund after you have placed that order, provided that you notify us that you wish to cancel such order within 7 working days – this 7 working day period commences the day after you receive our confirmation email confirming that your order has been accepted. In order to cancel your order and claim a refund, you should email us at info [at] smmcmedia [dot] com (info@smmcmedia.com) or write to us at our address above and such notice must reach us before the expiry of the 7 day notice referred to above.
Please note: notwithstanding any of the above, you may not cancel any order and claim a refund even if you notify us within this 7 working day period if we have already started to provide the services (including, without limitation, making available to you the App as part of our services).
We will refund any monies paid to us in respect of a cancelled order cancelled before the expiry of the 7 working day period or before we have stated to provide the Services within 30 days of receiving your notice of cancellation. You may request a refund by contacting us by email at info [at] smmcmedia [dot] com (info@smmcmedia.com)
Refunds:
In all other circumstances (subject to your rights to claim a refund as described above), once you have paid the applicable fee and started to download the App or the relevant App Materials, you will no longer have a right to claim a refund in respect of the fee paid for that App or App Materials (as applicable). Notwithstanding the foregoing, nothing in these Terms and Conditions shall affect your statutory rights. In certain circumstances, if you feel that you have received an unsatisfactory service (e.g. you have experienced some technical difficulty), please contact us by emailing our customer service team at info [at] smmcmedia [dot] com (info@smmcmedia.com) and we shall respond as soon as we are able and will either remedy any fault or replace the defective App and/or App Materials or, failing this, in certain circumstances and in our absolute discretion, provide you with a refund in relation to the defective product or service (or period during which you have experienced such problem).
PLEASE NOTE: Use of the App and certain App Materials are subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App and/or App Materials which arise from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
Notices
Where these Terms and Conditions require you to notify us in writing, notices should be sent to us by post to our address above or by e-mail at info [at] smmcmedia [dot] com (info@smmcmedia.com).
If we need to notify you of anything, we will do so by e-mail or post to the e-mail or postal address you provide during the order process. All notices will be deemed received 24 hours after the e-mail is sent or three days after the date of posting.
Exclusions and Disclaimers
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website, the Materials and/or all products or services supplied by us in connection with this Website.
We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The Website Materials on this Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and/or Materials and to make any changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website.
We do not represent or warrant that the Website and/or Materials will be error-free, free of viruses or owner harmful components, or that defects will be corrected. In addition, you must use, maintain and keep up-to-date, adequate virus prevention measures and software to prevent any loss or damage to your computer when accessing the internet and before downloading the App and/or any App Materials or accessing the Website and/or the Materials.
We will not be in breach of this Agreement nor be liable for any failure or delay in performance of our obligations under this Agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control (“Uncontrollable Events”).
In such circumstances, each of your and our respective obligations will be suspended for so long as such Uncontrollable Events continue and each of us will use all reasonable endeavours to carry out our respective obligations under this Agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible as soon as such Uncontrollable Events have finished.
Our Liability
Nothing in this Agreement shall exclude our liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under English law.
Our aggregate liability to you in connection with any claim arising out of or relating to the Website, the Materials, the App, any App Materials and/or the products and services provided in connection with the Website or otherwise in connection with these Terms and Conditions shall be limited to the amount paid by you in relation to that claim.
You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection and/or arising out of any breach by you of the terms of this Agreement.
Legal Compliance and Applicable Law
You shall comply with all applicable laws and regulations in England and Wales in connection with your use of the Website and the Materials.
The laws of England and Wales shall apply to this Agreement and this Agreement shall be interpreted under English law. Any dispute arising from this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Nothing in this Agreement shall affect your statutory rights.
Thank you for visiting our Website.
