3. You will receive an account upon completing HeyDj’s registration process. Irrespective of whether you choose to use the “remember me” function in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
5. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
7. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
9. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
11. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
13. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings (which will be provided as an example of a whole product) and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who?s copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.
15. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
17. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Digital Recordings provided via the Website are provided ?as is? and ?as available? for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantibility, fitness for a particular purpose, title and non infringement.
19. We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party’s hypertext link.
21. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
23. These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
24. When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.
25. Your contract for purchases of physical items through the Website is with HeDj.com whose registered office address is HeyDj.com, 1A Central Road, B60 2NR United Kingdom and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.
26. No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order (?Order Receipt?). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us.
28. You may cancel your order at any time prior to your order being dispatched by emailing us at firstname.lastname@example.org ensuring that you quote your name, address and order reference number or by telephoning +44 (01527) 558565 between 10am and 5:30pm GMT/BST, Monday to Friday.
30. Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective, we shall, at our own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 28 working days of delivery of the products and that you return the products in the same condition that you received them;
32. Your mistake: If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the P&P charge again;
33. All orders are made subject to acceptance by you of these Conditions and fulfillment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfil any customer order.