Terms of sale and music usage
Please read the download agreement carefully.
You will be asked to expressly agree to the download agreement before you place an order for downloads on our website.
In the download agreement, “we” means ARO Productions Ltd acting as agent for Aroshanti (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for downloads (and “your” will be construed accordingly); and “Tracks” means the musical tracks that you purchase from our website.
(3) Order process
The advertising of downloads on our website constitutes an “invitation to treat”; and your order for downloads constitutes a contractual offer. The download agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into the download agreement, you will need to take the following steps: (i) you must add any downloads you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must confirm your order and your consent to the agreement; (iv) you will be transferred to the payment gateway website which will handle your payment; (v) we will send you an initial acknowledgement; and (vi) we will send you an email confirmation that the download agreement has come into force (shortly after which you will be able to access your downloads via your website account).
We will not file a copy of the download agreement specifically in relation to your order. We may update the version of the download agreement on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of the download agreement for your records.
The only language in which we provide the download agreement is English.
Music tracks and albums as described on our website.
(5) Price and payment
Prices for downloads are quoted on our website. It is possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a download’s correct price will be stated when you pay for the download.
Payment must be made upon the submission of your order. We may withhold the downloads if the price is not received from you on time, in full, in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all downloads must be made by any method detailed on the website from time to time.
Prices for downloads are liable to change at any time, but changes will not affect download agreements that have come into force.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to the download agreement;
(c) the information provided in your order is accurate and complete; and
(d) you have access to the necessary computer systems, software and network connections to receive and enjoy the benefit of the downloads that you purchase.
(7) Licence to use downloads
Subject to your payment of the applicable price and compliance with the terms of the download agreement, we grant to you a worldwide non-exclusive non-transferable licence to make any Permitted Use of any Track; providing that you must not in any circumstances make any Prohibited Use of any Track.
The “Permitted Uses” are:
(a) downloading a copy of each Track;
(b) copying, storing and listening to a single copy of each Track on not more than three desktop or notebook computers;
(c) copying, storing and listening to three of copies of each Track on not more than three portable electronic music players, PDAs, mobile phones or similar portable devices; and
(d) copying, storing and listening to up to three copies of each Track on not more than three CD-Rs, CD-RWs, DVD-Rs, DVD-RWs, DVD+Rs, DVD+RWs or similar storage media.
(e) playing the Track during a treatment, therapy session or class. Please note, depending on your location, you may be required to have a Public Performance License for the venue you are using. Here in the UK this is managed by the PRS and PPL. In other countries it will be managed by other similar organisations.
The “Prohibited Uses” are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, redistribution or playing in public of any Track or any part of any Track in any format;
(b) the editing, modification, adaptation or alteration of any Track or any part of any Track;
(c) the use of any Track or any part of any Track in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any Track or any part of any Track to compete with us, whether directly or indirectly; and
(e) any commercial use of any Track or any part of any Track unless you have been granted a Media Music Licence issued by us in writing. Click here for more information.
All rights in the downloads not expressly granted in the download agreement are hereby reserved.
You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices associated with any Track.
The rights granted to you in the download agreement are personal to you, and you must not permit any third party to exercise these rights.
If you breach any of the terms of the download agreement, then the licence set out in this Section 7 will be automatically terminated upon such breach (whether or not we notify you of termination).
Upon the termination of the licence set out in this Section 7, you will promptly and irrevocably delete from your computer systems and other electronic devices and storage media all copies of the Tracks in your possession or control.
(8) Consumer rights
Nothing in the download agreement affects any statutory rights you may have as a consumer.
If you are contracting as a consumer, you may cancel a download agreement at any time within 7 working days, beginning on the day after the download agreement comes into force, providing that you have not actually downloaded the Track(s) purchased under the agreement during that period.
If you cancel a download agreement in accordance with this provision, you will receive a full refund of the price paid. Your notice of cancellation should be sent to the address or email address at the end of the download agreement.
(9) Limitation of warranties
The download agreement sets out the full extent of our obligations and liabilities in respect of the downloads supplied hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 12, all conditions, warranties or other terms concerning the downloads which might otherwise be implied into a download agreement are expressly excluded.
If you cancel a download agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(11) Force majeure
In this Section and Section 12 below, “force majeure event” means:
(a) any event which is beyond our reasonable control;
(b) hacker attacks, or virus or other malicious software attacks or infections;
(c) problems with the internet, part of the internet, or any third party internet service provider; and/or
(d) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under the download agreement, those obligations will be suspended for the duration of the force majeure event.
(12) Limitations and exclusions of liability
Nothing in the download agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the download agreement.18
The limitations and exclusions of liability set out in this Section and elsewhere in the download agreement: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the download agreement or in relation to the subject matter of the download agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of a force majeure event.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.
If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.
If you are a business customer, our aggregate liability to you will not exceed the total amount paid and payable by you to us under the download agreement.
(13) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under the download agreement.
(14) Download agreement termination
We may terminate a download agreement immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the download agreement, or if you commit any breach of your obligations to us under the download agreement.
(15) Consequences of termination
Upon the termination of the download agreement:
(a) we will cease to have any obligation to make available or deliver downloads which are undelivered at the date of termination;
(b) subject to Section 8, you will not be entitled to any refund and will continue to have an obligation to pay for downloads; and
(c) all the provisions of the download agreement (including without limitation the licence in Section 7) will cease to have effect, except that Sections 12, 13, 15 and 16 will survive termination and have effect indefinitely.
(16) General terms
The download agreement may only be varied by an instrument in writing signed by both you and us. We may revise the download agreement published on our website from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of the download agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of the download agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of the download agreement.
You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the download agreement. Any attempt by you to do so will be null and void. We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising under the download agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the download agreement.
The download agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement of the download agreement is not subject to the consent of any person who is not a party to the download agreement.
Subject to the first paragraph of Section 12: the download agreement contains the entire agreement and understanding of the parties in relation to the purchase of downloads from our website, and supersedes all previous agreements and understandings between the parties in relation to the purchase of downloads from our website; and each party acknowledges that no representations not expressly contained in the download agreement have been made by or on behalf of the other party in relation to the purchase of downloads from our website.
The download agreement will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to the download agreement.
(17) About us
Our full name is ARO Productions Ltd (acting as agent for Aroshanti and trading under the same name).
Our registered office is Suite B Rayrigg Hall Farm, Rayrigg Road, Windermere, England, LA23 1BW UK.
Our company registration number is 09690310.
Our email address is email@example.com