THESE TERMS & CONDITIONS GOVERN YOUR USE OF THE PORTAL, YOUR ACCOUNT AND THE PRODUCTS, FEATURES, SERVICES, TECHNOLOGIES AND SOFTWARE THAT WE MAKE AVAILABLE TO YOU AS PART OF CHOIRGUIDES.COM (TOGETHER THE CHOIRGUIDES SERVICES). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE SETTING UP AN ACCOUNT.
1. Important Information
1.1 By registering with us for an Account and clicking to confirm you accept the terms & conditions (Terms and Conditions) and/or continuing to use the ChoirGuides Services following our notification of any changes to these Terms & Conditions, you are agreeing to comply with them.
1.2 If you do not agree with these Terms and Conditions do not proceed with registering an Account and/or continue to use the ChoirGuides Services, and if you already have an Account, please close or de-activate it.
1.3 These Terms & Conditions tell you:
1.3.1 who we are;
1.3.2 the terms on which you may use, and we provide, the ChoirGuides Services;
1.3.3 how changes can be made to the Portal, the ChoirGuides Services and these Terms & Conditions;
1.3.4 how to close your Account; and
1.3.5 what to do should you have a problem and other important information.
2. Who we are
2.1 We are John Rutter trading as ChoirGuides.
3. Definitions and Interpretation
3.1 In these Terms & Conditions, the following words and expressions shall have the following meanings:
Account - the personal account created by a User once the registration process has been completed in order to access and use the ChoirGuides Services via the Portal;
Charges - the sums payable for each individual Music Track and payable in accordance with Condition 9;
Choir - a group of Choir Members collated and chosen by the Choir Leader;
ChoirGuides Services - the music streaming and other interactive functions available via the Portal including the flexible playback facility, the digital sheet music display, the recording assistant and other services made available by us from time to time;
Choir Leader - a User who chooses to create a Choir and manage Choir Libraries and Choir Members;
Choir Member(s) - a User who accepts an invitation by a Choir Leader to become a member of a particular Choir;
Choir Library - a Library created by a Choir Leader which stores the Music Tracks to be accessed and used by the Choir designated by the Choir Leader;
Condition - a condition of these Terms and Conditions;
Customer Data - any data in any form, provided by you to us, including any data uploaded to the Portal by you or on your behalf;
Customer Personal Data - any personal data comprised in the Customer Data;
Data Protection Legislation - unless and until no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) together with and as implemented and/or amended by the Data Protection Act 2018 and any other regulations and secondary legislation relating to data protection in England and Wales;
Documentation - any online or electronic documentation relating to the use of the ChoirGuides Services, as may be made available, varied and amended by us from time to time;
Hosting Provider - Stablepoint Limited or such other third party we appoint to provide hosting on our behalf;
Hosting Provider Terms - the terms and conditions of the Hosting Provider as may be updated from time to time;
Intellectual Property Rights - any and all copyrights, moral rights, related rights, patents, supplemental protection certificates, petty patents, utility models, trade marks, trade names, service marks, design rights, database rights, website rights, semi-conductor topography rights, domain name rights, rights in undisclosed information rights in get up, goodwill or to sue for passing off, unfair completion rights, and other similar intellectual property rights (whether registered or not) and applications for any such rights as may exist anywhere in the world;
Library - the collection of Music Tracks purchased by a User and stored within the “Library” section located within the Portal for that User;
Music Track(s) - the digital audio recording of a music composition made available to be purchased by a User via the Portal;
Portal - the online portal located at www.choirguides.com/register, which is hosted by the Hosting Provider;
User, You, Your - an individual who creates an Account in order to access the ChoirGuides Services;
VAT - value added tax chargeable under the Value Added Tax Act 1994 or any other equivalent applicable sales tax in force from time to time;
Virus - any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
Year - a period of 12 months commencing on the date these Terms & Conditions come into effect in accordance with Condition 4.1 or anniversary of such date, as the case may require;
Your Data - any data in any form, provided by You to us, including any data you upload to the Portal;
3.2 The headings in these Terms & Conditions are for convenience only and shall not affect the interpretation of these Terms & Conditions.
3.3 A reference in these Terms & Conditions to:
3.3.1 a person shall include an individual, company, limited liability partnership, corporate firm, partnership, joint venture, association, trusts or unincorporated bodies and associations (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns;
3.3.2 the singular shall include the plural and vice versa and a reference to one gender shall be a reference to the other gender and matter and vice versa;
3.3.3 a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and such statute or statutory provision shall include any subordinate legalisation made from time to time under that statutory provision;
3.3.4 writing or written excludes fax;
3.3.5 include, including and in particular or anything similar are illustrative only and none of them shall limit the sense of the words preceding or following them and each of them shall be deemed to incorporate the expression without limitation.
4. Setting up your Account
4.1 These Terms & Conditions will come into effect at the time you click the “Sign Up” button, and will continue until your Account is deactivated in accordance with Condition 16. Once you have submitted the completed registration form, we will send you an email which may confirm activation of your Account or, require you to activate your Account by following the link set out in our email.
4.2 By signing up to an Account you are warranting that:
4.2.1 you are legally capable of entering into a contract with us; and
4.2.2 you are at least 16 years old.
4.3 You are responsible for providing valid credit or debit card details to us in order to set up and manage the Account (Card Details). The Account cannot be set up without valid Card Details being provided so that any Charges due can be taken from such payment method in accordance with Condition 9. The Card Details can be updated by you at any time by altering the Card Details stored within the Account settings.
5. Using the ChoirGuides Services
5.1 You agree to:
5.1.1 use the ChoirGuides Services in accordance with these Terms & Conditions;
5.1.2 keep a secure password for your access to and use of the Portal; and
5.1.3 do all you can to prevent any unauthorised access to, or use of, the ChoirGuides Services and, if you become aware of any such unauthorised access or use, you will promptly notify us.
5.2 In return for you agreeing to comply with these Terms & Conditions, we grant you a limited, revocable, non-exclusive, non-transferrable and non-sub-licensable licence to use the ChoirGuides Services for your personal non-commercial use only.
6. Usage Restrictions
6.1 You agree that you will not:
6.1.1 distribute, sub-license, sell, rent, lease, loan, provide or otherwise make available the Portal or the ChoirGuides Services in any form, in whole or party to any person without our prior written consent;
6.1.2 copy the Portal, except as part of the normal use of the ChoirGuides Services, or, where it is strictly necessary for the purpose of back up or operational security;
6.1.3 translate, merge, adapt, vary, alter, modify or otherwise deal in or encumber the whole or any part of the Services, or the Portal or permit them to be combined with, or become incorporated in, any other programs except as necessary to use the ChoirGuides Services on your device(s) as permitted by these Terms & Conditions;
6.1.4 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the ChoirGuides Services or the Portal nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the ChoirGuides Services with another software program (Permitted Objective), and provided that the information obtained by you during activities:
(a) is not unnecessarily disclosed or communicated to any third party without our prior written consent;
(b) is not used to create any software which is substantially similar to the Portal and/or the ChoirGuides Services;
(c) is kept secure;
(d) is used only for the Permitted Objective;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Portal or the ChoirGuides Service;
6.1.5 access or use the Portal and/or the ChoirGuides Services in order to provide services to third parties or attempt to obtain, or assist third parties in obtaining, access to the ChoirGuides Services and/or the Portal;
6.1.6 not use the ChoirGuides Services and/or the Portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms & Conditions, or act fraudulently, dishonestly or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the ChoirGuides Services and/or the Portal;
6.1.7 not infringe our intellectual property rights or those of any third party (including our users) in relation to your use of the ChoirGuides Services and/or the Portal, including by the submission of any material (to the extent that such use is not licensed by these Terms & Conditions);
6.1.8 ensure that any information and materials submitted by you in respect of your Account or pursuant to your use of the ChoirGuides Services and/or the Portal are accurate, complete and not misleading (in each case, in all material respects);
6.1.9 not transmit any material that is defamatory, slanderous, insensitive, offensive or otherwise objectionable in relation to your use of the ChoirGuides Services and/or the Portal;
6.1.10 not use the ChoirGuides Services and/or the Portal in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with or cause harm to other users;
6.1.11 not collect or harvest any information or data from the ChoirGuides Services and/or the Portal or systems or attempt to decipher any transmissions to or from the servers running our Services; and
6.1.12 access or use the ChoirGuides Services and/or the Portal in breach of the Hosting Provider Terms.
6.2 The Portal is hosted by the Hosting Provider and therefore the ChoirGuides Services are also provided subject to the Hosting Provider Terms, which You agree to comply with in addition to these Terms & Conditions.
7.1 We may amend or update these Terms & Conditions from time to time to reflect changes in relevant laws, regulatory requirements, best practice or to deal with additional features which we may introduce to the ChoirGuides Services. We will notify you by email that our Terms & Conditions have been updated and will aim to give you reasonable notice of any changes and we will also notify you when you next login to your Account following any changes. You are responsible for reviewing these Terms & Conditions and ensuring you understand the basis upon which we provide our ChoirGuides Services to you, therefore please check them regularly.
7.2 By continuing to use the Portal and/or the ChoirGuides Services following our notice of any update to these Terms & Conditions, you agree to such update and to comply with these Terms & Conditions as updated or amended. If you do not agree to such update then please do not continue to use the Portal, access your Account and/or the ChoirGuides Services and take the steps set out in Condition 16 to deactivate your Account.
7.3 We may at our sole discretion update (either automatically or otherwise), modify, suspend or discontinue the ChoirGuides Services at any time. We may automatically update the Portal and/or ChoirGuides Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
7.4 Where updates are not automatically installed, and you choose not to install them or if you opted out of automatic updates you may not be able use all or parts of the Portal and/or our ChoirGuides Services.
8. Music Tracks and Choirs
8.1 In return for you agreeing to comply with these Terms & Conditions, when you purchase a Music Track we grant to you a revocable, non-exclusive, non-transferable right to access and use the Music Track for personal and non-commercial purposes. Once purchased, the Music Track shall automatically be made available within your Library.
8.2 As part of the ChoirGuides Services, you can create your own Choir by inviting individuals to create an Account with us and join your Choir or inviting other Users to become a member of your Choir. If you would like to use any Music Tracks in your Library within a Choir Library, you (as the Choir Leader) are responsible for purchasing extra access rights for all other Choir Members to access and use the Music Track as part of the Choir Library for their personal and non-commercial use only.
8.3 Where you (as a Choir Leader) have purchased a Music Track and designated it to a Choir Library, you will also be able to access it for your personal use within your Library. A Music Track once designated to a Library/Choir Library is only valid for that Library/Choir Library respectively and may not be transferred to another Library/Choir Library. In some cases, we are able to transfer Music Tracks to alternative Libraries/Choir Libraries when the original Library/Choir Library has been closed. Please contact us via email@example.com to discuss transferring a Music Track further.
8.4 If you add any further Choir Members to your Choir after you have purchased access rights for a particular Music Track in respect of your Choir, you will need to purchase further access rights for those additional Choir Members you would like to have within your Choir. You must at all times have paid for access rights to all of the Music Tracks within your Choir Library for all Choir Members from time to time.
8.5 All rights granted to you as a User to access and use a Music Track once purchased are individual to each Music Track and cannot be transferred or assigned to other Music Tracks.
9. Data Processing and Privacy
9.1 You shall own all right, title and interest in and to all of Your Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data.
9.2 Under Data Protection Legislation, we are required to provide certain information about who we are, how we process personal data and for what purposes and individuals rights in relation to their personal data and how to exercise them. This information is provided in our Privacy Notice www.choirguides.com/privacy and it is important that you read this.
9.3 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Portal or the ChoirGuides Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
9.4 By registering for an Account, using the Portal and/or using the ChoirGuides Services, you agree to us collecting and using technical information about your devices and your use of the ChoirGuides Services to improve the ChoirGuides Services and to provide the ChoirGuides Services to you.
10. Limitations to the ChoirGuides Services
10.1 You acknowledge and accept that:
10.1.1 the ChoirGuides Services are:
(a) provided on an “AS IS” and “AS AVAILABLE” basis only:
(b) have not been developed to meet your individual requirements. You should check that the ChoirGuides Services meet your requirements;
(c) may not be error, fault, virus or bug free or free from malicious code or compatible with any third-party software or equipment; and
(d) may be subject to limitations, user parameters, delays and other problems inherent in the use of the Portal and/or the ChoirGuides Services;
10.1.2 all rights to access and use the Music Tracks granted under Condition 5 may be revoked in the event that we are no longer able to provide access to such Music Tracks and you may request a replacement Music Track pursuant to Condition 12.2.
10.2 You agree that you are responsible for:
10.2.1 your use of the Portal, your Account and/or the ChoirGuides Services;
10.2.2 your hardware, content and any other data you upload through the Portal, the ChoirGuides Services and/or your Account.
10.3 We may have to suspend your use of the Portal, your Account, and/or the ChoirGuides Services to:
10.3.1 deal with technical problems, make technical changes or for maintenance;
10.3.2 update the Portal, your Account and/or the ChoirGuides Services to reflect changes in relevant laws and regulatory requirements.
10.4 Subject to the express terms set out in these Terms & Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by English law, excluded from these Terms. This Condition 10.4 shall not apply in respect of your rights under the Consumer Rights Act 2015.
11. Charges and Payment
11.1 You must pay the Charges before a Music Track is available for instant download and made available within the Library.
11.2 The Charges for each Music Track (which includes VAT) will be the price displayed within the Portal. We take all reasonable care to ensure that the Charges displayed on the Portal for each Music Track are correct, however, please see Condition 11.3 for what happens if we discover an error in the Charges displayed.
11.3 It is always possible that, despite our best efforts, some of the Music Tracks we sell may be incorrectly priced. If you purchase a Music Track where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and remove the Music Track from your Library and/or Choir Library.
12. Refunds and Exchanges
12.1 We are under a legal duty to supply the ChoirGuides Services and the Music Tracks in conformity with these Terms and Conditions. See the box below for a summary of your key legal rights. Nothing in these Terms and Conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
12.2 In the event that a Music Track which you have purchased is no longer available pursuant to Condition 10.1.2, we will provide you with an alternative Music Track of your choice. You can email us at firstname.lastname@example.org to arrange the exchange of your Music Track.
12.3 You do not have the right to change your mind in respect of digital products once you have downloaded them, and you are therefore not entitled to a refund for the purchase of any Music Tracks.
13. Intellectual Property Rights
13.1 All intellectual property rights in the Portal, your Account and the ChoirGuides Services throughout the world belong to us (or our licensors) and you are granted a limited right to use the same solely for the purpose of using your Portal, your Account and the ChoirGuides Services in accordance with these Terms. These rights are licensed and not sold to you. You have no intellectual property rights in, or to, the Portal, your Account and the ChoirGuides Services.
14. Our Liability to You
14.1 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Portal, your Account and the ChoirGuides Services and your use of the same.
14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms & Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14.4 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update or for damage that was caused by you failing to correctly follow installation or account operation instructions or to have in place the minimum system requirements advised by us, or appropriate and up-to-date anti-virus software.
14.5 We are not liable for business losses. The Portal, your Account and the ChoirGuides Services are for domestic and private use by you. If you use the Portal, your Account and the ChoirGuides Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.6 If your use of the Portal, your Account and the ChoirGuides Services is delayed by an event outside our control then we will use reasonable endeavours to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
15. Restricting your access to the ChoirGuides Services
15.1 We may (at our discretion) deactivate or suspend (for such time as we may consider appropriate) your access to your Account and/or access to all/or part of the ChoirGuides Services at any time if you are in breach of these Terms & Conditions and if such breach can be remedied, fails to remedy the same when given a reasonable opportunity to do so.
15.2 We may also suspend your Account and/or your access to the ChoirGuides Services:
15.2.1 to deal with technical problems, make technical changes or for maintenance;
15.2.2 to update the Portal and/or ChoirGuides Services to reflect changes in relevant laws and regulatory requirements.
16. Closing your Account
16.1 You can close your Account by adjusting the relevant settings within the Account.
16.2 On the deactivation of an Account, all licences and rights granted to you under these Terms & Conditions shall immediately cease and automatically terminate and you will no longer be able to use the ChoirGuides Services.
16.3 Deactivation and closure of an Account shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date the Account was closed, including the right to claim damages in respect of any breach of these Terms & Conditions which existed at or before the date of termination and any provision of these Terms & Conditions that expressly or by implication is intended to come into or continue in force on or after closure of the Account shall remain in full force and effect.
17.1 Events outside our control. We shall not be deemed to be in breach of these Terms & Conditions or otherwise liable to You in any manner whatsoever for any failure or delay in performing our obligations under these Terms & Conditions due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable;
17.2 Assignment. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing
17.3 Entire Agreement. These Terms & Conditions and any documents expressly referred to in them contains the entire agreement between you and us and supersede and extinguishes any previous agreement, understanding, assurances, promises, warranties and representations between us ( whether written or oral) relating to the subject matter of these Terms & Conditions. You agree that you shall have no remedies in respect of any statement, representation, assurance, promise or warranty (whether made innocently or negligently) that is not set out in these Terms.
17.4 Third Party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
17.5 Waiver Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Severance. Each of the Conditions and sub-Conditions of these Terms & Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining Conditions and sub-Conditions will remain in full force and effect.
18.1 If we are providing notice to You, we shall send such notice to the email address registered to Your Account. If You are providing notice to us, in connection with these Terms & Conditions it shall be sent to us via Your Account or by email to email@example.com.
18.2 Any notice shall be deemed to have been received the next working day.
18.3 This Condition 18 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
19. Applicable Law
19.1 These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the English law.
19.2 You can bring proceedings in the English Courts or the:
19.2.1 Scottish Courts if you live in Scotland; or
19.2.2 Northern Irish Courts if you live in Northern Ireland.