Simply Music Terms and Conditions
SIMPLY MUSIC – TERMS AND CONDITIONS
Welcome to Simply Music (hereinafter referred to as, ‘Company’, ‘we’, ‘our’, ‘us’). This document provides an overview of our Terms of Service (‘Terms’, ‘Terms of Service’) which govern your use of our website www.simplymusic.ie.
If you do not agree with (or cannot comply with) our Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected]
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
- COMPETITIONS AND PROMOTIONS
Some parts of our Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or Simply Music cancels it.
You may cancel your Subscription renewal either through your online account management page or by contacting [email protected] customer support team.
A valid payment method is required to process the payment for your Subscription. You shall provide Simply Music with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information.
By submitting such payment information, you automatically authorise Simply Music to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Simply Music reserves the right to terminate your access to the Service with immediate effect.
- FREE TRIAL
Simply Music may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Simply Music until the Free Trial period has expired. On the last day of the Free Trial period, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected, unless you have opted out of cancelled your Subscription within the Trial Period duration.
At any time and without notice, Simply Music reserves the right to:
(i) modify our Terms of Service of Free Trial offer, or
(ii) cancel such a Free Trial offer.
- FEE CHANGES
Simply Music, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then current Billing Cycle.
Simply Music will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds for Contracts within 30 days of the original purchase of the Contract.
Our Service does not allow you to post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).
Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Simply Music retains all rights to Content.
Any content found on or through this Service are the property of Simply Music or used with permission. You may not distribute, modify, transmit, reuse, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain.
- PROHIBITED USES
You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(i) In any way that violates any applicable national or international law or regulation. (ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(iii) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. (iv) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
(v) To further your own business interests through the use of our bespoke and unique programmes and services.
(vi) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(vii) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
11.ADDITIONALLY, YOU AGREE NOT TO:
(i) Use Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party’s use of our Service, including their ability to engage in real time activities through our Service.
(ii) Use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on Service.
(iii) Use any manual process to monitor, copy or manipulate any of the material on our Service or for any other unauthorised purpose without our prior written consent. (iv) Use any device, software, or routine that interferes with the proper working of our Service.
(v) Introduce any viruses, trojan horses, worms, logic bombs, or other material which are malicious or technologically harmful.
(vi) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of our Service, the server on which Service is stored, or any server, computer, or database connected to our Service.
(vii) Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
(viii) Take any action that may damage or falsify our Company rating. (ix) Otherwise attempt to interfere with the proper working of our Service.
We may use third-party Service Providers to monitor and analyse the use of our Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Our Service and its original content, features and functionality are and will remain the exclusive property of Simply Music. Service is protected by copyright and may not be used in connection with any product or service without the prior written consent of Simply Music.
- COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and legal fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through our Service on your copyright.
- ERROR REPORTING AND FEEDBACK
You may provide us either directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:
(i) You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.
- LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by Simply Music.
Simply Music has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
- DISCLAIMER OF WARRANTY
These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
- LIMITATION OF LIABILITY
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including legal fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
We may terminate or suspend your account and bar access to our Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using our Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the Republic of Ireland.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
- CHANGES TO SERVICE
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
- AMENDMENTS TO TERMS
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of our Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.
- WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, or requests for technical support by email to [email protected].