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Terms and Conditions

1. General

This Website is operated by Easy Karaoke (EK). As user of this website you acknowledge that any use of this website including any transactions you make is subject to these terms and conditions and if a business user Terms and Conditions of Sale contained with EK’s Account Application Form and further terms or conditions agreed or evidenced in writing.

EK may vary or change these terms and conditions at any time and such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use the website and your continuing use of the website shall signify your acceptance of such terms and conditions.

If you are not a consumer you confirm that you have authority to bind any business on whose behalf you use this website.

Certain website services will require registration and subsequent access to those services is subject to an approved login name and password (Password Details). Information that you provide on this website must be accurate and complete. All Password Details are accepted and may be withdrawn at EK’s sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform EK immediately. You will be responsible for all loss costs and damages by EK or any bona fide customer of EK in respect of any misuse of your Password Details.

In the event that any content is subject to classification by the British Film Board you may be required to confirm your age. We reserve the right to carry out further checks to verify your age and status and, if appropriate, cancel your order.

2. Order Processing

Elsewhere in this website you will find information on home delivery and how to make an order. All orders and deliveries are subject to following the terms of these instructions and EK will not be liable if they are not followed.

The final stages of your order is made in the confirmation stage. Following this we will acknowledge your order by email. This is not an order confirmation or an acceptance of your order by EK.

Your order will be accepted by the dispatch to you of the products ordered unless EK have notified you that we do not accept your order or you have cancelled it. On dispatch the contract will be completed.

No record of your order which is available for you to access is retained by EK and please therefore print these terms and conditions and the order acknowledgment for your records.

3. Delivery

All goods must be signed for when delivered by an adult over 18 years of age.

EK takes every care to deliver goods within a reasonable timescale however delays are occasionally experienced due to unforeseen circumstances. EK can accept no liability in respect of failure to deliver within any estimated timescale. Risk of loss and damage passes to you on the date and time of the delivery or attempted first delivery to you.

Title to the goods will pass to you on delivery where full payment has been received by EK.

Delivery when not stated otherwise will be by post office recorded delivery or equivalent courier postal service.

Where the delivery is to be made electronically delivery will be deemed to have been made at the time of dispatch.

4. Payment

We accept payment by credit or debit card (collectively called ‘card’ hereafter) or by PayPal. In the event that you pay by PayPal you must adhere to all conditions imposed by this payment system.

We will take payment from your card at the time we receive your order after details have been checked and stocks ascertained. In the event that the goods are unavailable EK will inform you as soon as possible and a refund given in the event that they have been paid for.

The price payable for goods is as displayed at the time of your purchase unless the goods are not for immediate delivery when the price payable will be at the time of dispatch. EK have not experienced errors in the pricing set out on the website, nevertheless, these may rarely occur. If an error is detected EK will inform you as soon as possible and ask you to confirm your order at the correct price or to cancel it. If EK cannot contact you it will have to treat your order as cancelled and in any case where EK has cancelled orders previously paid for EK will refund the sums paid.

All prices mentioned on the website are in pounds sterling and inclusive of VAT where applicable at the current rates. Delivery costs are not included and these will be set out when delivery is specified.

In the event that you make payment by card or PayPal and you later request refund for any reason EK will, if the request is granted, be entitled to deduct from such refund all legitimate expenses incurred including commission charged to EK by your card issuer or commission payable by the Pay Pal system.

5. Liability and Warranties

All sizes and measurements are approximate.

Nothing in these terms shall exclude or limit liability for death or personal injury caused by negligence or fraudulent misrepresentation or any liability that may not by law be limited or excluded.

EK will use its reasonable endeavours to verify the information on this website but makes no representation or warranty express or implied or otherwise regarding the contents of this website or that it will be timely or error free, that defects will be corrected or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality accuracy or reliability of the website. EK will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and EK accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the website.

Subject to the conditions set out below EK warrants that the goods will correspond with their specification at the time of delivery.

For the avoidance of any doubt to the fullest extent permitted by law without prejudice to the generality of any other exclusions contained in this clause EK shall be under no liability in respect of any defect arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow EK instructions (whether oral or in writing) misuse or alteration or repair of the goods without Easy Karaoke’s approval.

Subject to clause 5.2 above other than as expressly provided in these terms and conditions any indemnities, warranties terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted by law.

Subject to Clause 5.2 above EK will not be liable in contract tort (including without limitation negligence) precontract or other representations (other than fraudulent or negligent misrepresentation) or otherwise out of or in connection with the terms and conditions or any economic losses (including without limitation loss of revenue data profits contracts business or anticipated savings) or loss of goodwill or reputation or special or indirect losses or consequential losses or such suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

EK’s aggregate liability (whether under contract tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the products in respect of one incident or a series of incidents.

Nothing contained herein affects your statutory rights as a consumer.

EK will take all reasonable precautions to keep details of your order and payment secure but unless EK is negligent EK will not be responsible for loss or damage caused as a result of unauthorised access to the information provided by you.

6. Intellectual Property

You acknowledge and agree that all copyright trademarks and other intellectual property rights in all materials and or content or product made available as part of your use of this website shall remain at all times vested in EK or EK’s licensor. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within this website or any products supplied under the terms and conditions of this website are for your personal non commercial use only and that you may only download such material and content for the purpose of using the website or the products supplied. You further acknowledge and agree that any other use of the material or products is strictly prohibited and you agree not to (or assist or facilitate any third party to) copy reproduce transmit publish display distribute commercially exploit or create derivative works of such material or content.

EK uses its reasonable endeavours to ensure that software product in the form of musical tracks recorded for use as karaoke entertainment is licensed by the individual licence holders or on their behalf by their assignees and/or organisations such as MCPS/PPL at the point of sale to you and fees resulting therefrom are included and the sale price charged by EK. You must satisfy yourself that your use of the software material or tracks comply with any other national EU or worldwide requirements such as, but not limited to, PRS. Amongst the material and content set out in clause 6.1 hereof EK has also provided a software facility to enable the transfer (or burning) of electronic material on to a Compact Disc (CDG). The software is and remains the property of EK and EK hereby licenses you to use this software only for the purposes of such transfer. All or any other use, attempted modification or interference with this software is strictly prohibited and you will indemnify EK against all costs and damages resulting from such misuse.

Please also note that the material you burn onto the CDG , as set out in Clause 6.2 above, and as with all other product and material downloaded from this website remains the property of EK and in the event of your failure to adhere to the terms of these Terms and Conditions EK may cancel their licence(s) granted to you and require you to delete all materials or products you have downloaded from EK website at any time in the then past and refuse you access to the website in the future.

As explained on the website EK offers you the software facility to check the compatibility of your download equipment and the software installed thereon with EK’s download programmes prior to purchase. Very occasionally you may find that your equipment and/or the software installed thereon is not compatible with the software products EK offers. In such case please delete EK’s software programme which remains the property of EK and for which your licence to operate is terminated. Whilst it would then appear that you will not be able to use EK’s software on the equipment and software you currently have you may contact EK directly via e-mail address provided if you wish to find out more information.

7. General

Products (other than software musical tracks) supplied under this website have been selected on the basis that they will be used for domestic purposes only. Where you decide to use the products in the course of a business or profession we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

EK takes great care in the design and production of software products and tools available to you. Whilst a wide range of possibilities are considered in so doing EK cannot verify all the settings and programmes you have on your receiving equipment. You should therefore take care when downloading any software or using the tools provided and note that EK cannot be responsible for any unforeseen damage or interference with your equipment or software contained on it other than by any negligent or unreasonable conduct by EK. EK shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

You agree not to attempt to gain unauthorised access or in any way attempt unauthorised interference of this website whether or not using any legitimate or illegitimate techniques or programmes and in the event EK detects or believes it has detected such use EK may take such action as it sees fit to protect the website and compensate EK for any costs or damages incurred including but not limited to prohibition of your use of the website.

In the event that this website provides links to other websites or resources for your added convenience you hereby acknowledge that your use of such links or recourse is entirely at your own risk and no responsibility whatsoever will attach to EK for providing them.

You may not assign or sub contract any of your rights or obligations under these terms and conditions or any related order or products to any third party unless agreed in writing by EK.

EK reserves the right to transfer assign novate or sub contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions to any third party.

If any of these terms and conditions is held to be invalid or unenforceable by any competent authority in whole or in part the validity or enforceability of the other clauses or parts of these terms and conditions shall not be affected. No delay or failure by EK to exercise any powers rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers rights or remedies preclude any other or further exercise of them.

Any contract arising from use of this website shall be governed by the law of England and any dispute will resolved exclusively in the courts or jurisdiction of England.

Definitions

‘you’ shall mean any person firm or company seeking to undertake any contract or dealing with EK under these terms and conditions.

‘EK’ shall mean Easy Karaoke Ltd whose registered office is situated at 18, Watford Metro Centre, Dwight Road, Watford Herts WD18 9SB.

‘goods’ shall mean any product or any kind whatsoever which is sought to be the subject of a contract between you and EK.

‘contract’ means the contract for the purchase sale or supply of goods/services.

‘terms and conditions’ shall mean these terms and conditions set out above and any further relevant information provided in the website such as, but not limited to, ‘Returns Policy’.

‘website’ shall mean the electronically transmitted pages maintained by EK for the purpose of conducting business.

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