(Dated: 21 August 2020)
The Toledano Tradition (“us”, “we”) makes information available and provides goods and services via its Website. In accessing this information, or by making a purchase from this Website, the Customer (“the user”, “you”) agrees to be bound by the Terms as set out below in their entirety.
This Website contains proprietary notices and copyright information, the Terms which the user agrees to observe and follow. We may amend these Terms from time to time. This will be indicated by the inclusion of the date of any such amendment at the head of this document. It is the user’s responsibility to read and understand the Terms, as the use of the site will indicate the user’s acceptance of the Terms as published, including any changes that may have been affected since the user’s previous visit to the site.
If any provision or provisions of these Terms is held to be invalid or unenforceable then that provision or provisions only shall be struck out and the remaining provisions shall be capable of being enforced either individually or collectively.
The Toledano Tradition reserves the right at its sole discretion to prevent access to any user who is found to be in breach of these Terms.
Any failure to act on the part of The Toledano Tradition in relation to any breach of these Terms does not constitute a waiver of its rights to act in relation to that breach itself or in relation to subsequent breaches of whatever nature.
1. Disclaimers & Limitations
- The user expressly agrees that use of the Website and related services is at the user’s sole risk. The Website, materials and related services are provided on an “as is” and “as available” basis. We do not make, and hereby disclaim insofar as is permitted by law, any representation or warranty as to the accuracy, suitability for a given purpose be it expressed or implied, or continued availability of the services, products or information from time to time made available on this site whether in relation to the technical or factual qualities of the information, the possibility of infringements of third-party rights, or any other particular. We make no representation or warranty as to the ability to use the site without interruption of service or without exposure to data or code that might prove injurious to the computer, software or data owned or controlled by the user.
- The Toledano Tradition reserves the right to change any Content on this Website including, but not limited to, revising and/or deleting or adding features or information without prior notice to users.
- Unless expressly set out in these Terms, neither The Toledano Tradition, nor any of its representatives, shall be liable for any loss or damage of any kind howsoever arising from use of this Website.
- The Content on this Website is made available subject to the laws and regulations in force in the United Kingdom. We make no representation that in relation to other jurisdictions, the Content is free from restrictions whether in relation to the prohibition on use of certain classes of intellectual property or otherwise; consequently any use of the Website from outside the jurisdiction of the United Kingdom is entirely at the user’s own risk and subject to the user ensuring that the use is lawful and compliant with all relevant legislation within their own
- We have no control over websites to which the user may link from The Toledano Tradition Website, and we cannot be held responsible for and disclaim all liability in relation to Content that is held on such sites. All external websites are accessed at the user’s own risk.
- The limitations set out in the preceding paragraphs shall operate to the maximum extent permitted by law and consequently do not seek to limit such rights and liabilities that by operation of statute or other law are not capable of exclusion or limitation.
2. Intellectual Property
- The Toledano Tradition Website, and the devices which service it, host and broadcast data in various forms so as to allow sound recordings, videos, words, pictures, photographs, artwork, and logos (“the Content”) to be displayed and made available on or via the Website. The Content and databases, and variously the design thereof, hosted on the Website, are owned by or licensed to The Toledano Tradition and are protected by copyright, phonographic rights and other rights categorized as intellectual property laws. Except as expressly provided by these Terms, the user is not permitted to download, copy, reproduce, alter, re-record, perform, publish, broadcast, share, upload or in any other manner disseminate or otherwise transmit, any of the Content whether for pecuniary advantage or otherwise. Any publication, reproduction, public exhibition or further distribution of the Content provided at this Website, whether in whole or in part, is strictly and expressly prohibited.
- Unauthorised use of the Content whether in the manner set out in the preceding sub-paragraph or otherwise may render the user subject to civil or criminal proceedings and thereby financial penalty for copyright infringement.
- Where the Content is made available free of charge it remains subject to copyright as above and any unauthorized copying, reproduction, alteration, publishing, broadcast, sharing, uploading or another form of dissemination or transmission is prohibited.
3. Online Purchases
Orders placed in relation to the download of Content will be accepted and a contract formed between you and us for it to be made available to download where
- You have selected Content in the format appropriate to your needs and equipment, having first checked the information provided about digital downloads and streaming.
- You have entered payment details which have been verified by our third-party online secure banking company, PayPal Limited; and
- we have acknowledged, by delivery of an email to you that your order has been successfully received and accepted by us.
- Where Content is made available to the user in the form of a download or stream, notwithstanding the use of the word “purchase” or “buy” at any stage within the process, any transaction between us will take the form of a grant of a non-exclusive, revocable and non-assignable license to download or streeam and thereby have access to the Content specified in the order. The license does not convey ownership or any property right or interest in the Content but permission to download or stream and use the Content. This permission extends to the user only and is for the user’s personal and non-commercial use only.
- Once the product has been delivered as per the delivery Terms (see paragraph 4), the contract is complete.
Successful orders for download Content will result in the Content being made available for download from a link or streamed from the site provided by email upon confirmation of payment. The link allows 5 days from the day of delivery in which the download of audio material must be completed.
5. Cancellation, Refunds & Complaints
- We regret that once Content has been made available for download and the process of downloading that Content has begun, we are unable to accept a cancellation or provide a refund in relation to orders made in error.
- In the unlikely event that the user encounters problems with the quality of the Content that they have downloaded they should contact us at email@example.com and we will use our best endeavours to address the situation.
- We are not responsible for any difficulties or problems of whatever nature that the user might encounter with the reproduction of the Content downloaded or have attempted to download that relate to compatibility with the user’s software and/or hardware, or for anything whatsoever that has its cause in defects or inadequacies of whatever nature relating to any device or software used for the purposes of the reproduction of Content contained in digital downloads. It is the user’s responsibility to ensure that they have checked the information provided on digital downloads prior to purchase for the purpose of determining suitability. It is for the user to ensure that they are familiar with the technology that they use and for the user’s own competence to use the same to its best affect.
- If you wish to cancel an order you have the right to do so, providing you contact us within 3 days of receiving your confirmation email. If you wish to exercise your right to cancel you must notify us of your decision to cancel this contract by emailing us at firstname.lastname@example.org to meet the cancellation deadline. It is sufficient for you to send your communication concerning your exercise of the right to cancel to the correct email address before the cancellation period has expired.
- We will make the reimbursement without undue delay, and no later than 5 days after the date upon which you have fully complied with these Terms. We will make the reimbursement using the same means of payment as you used for the initial transaction, i.e., PayPal. The PayPal transaction fee will be deducted from the reimbursement.
- Any complaints can be sent by e-mail to: email@example.com.
- Our registered office is: 30A Greencroft Gardens, London NW6 3LT.
- You can contact us on 07985 720242.
- Any personal information provided or to be gathered by The Toledano Tradition is controlled primarily by The Toledano Tradition having its office at 30A Greencroft Gardens, London NE6 3LT.
- The Toledano Tradition adheres to principles enshrined in the Data Protection Act of 1998 and the EU Directive on Privacy and Electronic Communications (2002/58/EC).
- We are able to receive and store any information you enter on our Website or give us, except in relation to your credit card details. You can choose not to provide certain information, which will mean that you might not be able to take advantage of certain site features.
- Credit card transaction details (credit card number, credit card expiry date) are transmitted to our third-party online secure banking company, PayPal Limited. The Toledano Tradition does not have access to this information at any level.
7. Enforceability & Extent of Terms of Conditions
Should any part of these Terms be held to be unenforceable or otherwise invalid, then that section shall be treated as being severed from the remainder of these Terms and those remaining Terms shall be applied in such a manner as best gives effect to the original intention of the parties. These Terms, and the information on the Website to which they relate, particularly in relation to the Content, encompass the whole of the agreement between the user and us and may only be varied by us in writing and via publication of any amendments on this Website.
Any dispute arising out of the use of this Website or of the services provided via the Website shall be adjudged in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.
9. Code of Conduct
In using our Services and website, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity or hate speech);
- Act in a deceptive manner or impersonate any person or organisation;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Cause or encourage others to do any of the above.
10. Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.