9Terms and Conditions
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in our agreement (Services) by Instore Radio Productions Ltd a company registered in England and Wales under number 03787590 (we or us) to the person buying the services (you).
- You are deemed to have accepted these Terms and Conditions when you accept our agreement from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our agreement (the contract) are the entire agreement between us. If you do not accept this legal notice in full, you must leave the website immediately.
- We’re pleased to make our Services available to you. Instore Radio Productions Ltd is an online streaming music service provided specifically to commercial businesses.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the agreement, including any specification in all respects. We can make any changes to the Services which are necessary to comply with any applicable law requirement, and will notify you if this is necessary.
- The Instore Radio Productions Ltd Service and the content provided through it are the property of Instore Radio Productions Ltd or their licensors, and we grant you a limited, non-exclusive, permission to make use of the Instore Radio Productions Ltd Service and to receive the media content made available through the Instore Radio Productions Ltd Service, based on the subscription or trial you have selected. This permission shall terminate upon termination of your subscription or expiry of your Trial.
- You are solely responsible for registering and obtaining the relevant public performance licence (or similar) from the relevant local collection agency (for example, PRS and PPL in the United Kingdom).
- The copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images are owned by Instore Radio Productions Ltd or it’s licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates.
- No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Instore Radio Productions Ltd prior written permission.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your Obligations).
Subscriptions and Payments
- Unlimited Monthly Service: a subscription fee-based service on a rolling month-by-month period, commencing after a fourteen-day trial. For the Trial we’ll require you to provide your payment details to start the trial. At the end of the trial, we will automatically start to charge you for the unlimited monthly subscription on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge. If you do not want this charge, you must cancel your Subscription through your Instore Radio Production account’s settings before the end of the Trial.
- If you have a Subscription, your payment to Instore Radio Productions Ltd will automatically renew at the end of the Subscription period, unless you cancel your Subscription before the end of the current Subscription period. However, if you cancel your payment and terminate the Service before the end of the Subscription period, we will not refund any Subscription fees already paid to us. When Subscribing to the Standard Music Subscription, you may not downgrade your account within 30 days of previously upgrading
- Receipts for payment will be issued by us only at your request.
- Non-payment will result in immediate suspension of the service. Once payment is reinstated the service can resume immediately.
- Each registration to a Subscription is for a single user only. Instore Radio Productions Ltd does not permit you to share your user name and password with any other person nor with multiple users on a network.
- Responsibility for the security of any passwords issued rests with you
Cancellation and Amendment
- If due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Circumstances beyond a party’s control
- Neither of us are liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the service to be carried out under these Terms and Conditions.
- While Instore Radio Productions Ltd endeavours to ensure that the Website or Instore Radio Production’s service is normally available 24 hours a day, Instore Radio Productions Ltd shall not be liable if for any reason the Website or the Service is unavailable at any time or for any period.
- Access to the Website Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Instore Radio Productions Ltd control.
Visitor material and conduct
- You are prohibited, by any means, from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software data).
- You may not misuse the Website (including, without limitation, by hacking)
- Instore Radio Productions Ltd shall fully co-operate with any law enforcement authorities or court order requesting or directing Instore Radio to disclose the identity or locate anyone posting any material in breach of clause a, b, c, and d.
- While Instore Radio Productions endeavours that the information on the Website is correct, Instore Radio Productions does not warrant the accuracy and completeness of the material on the Website. Instore Radio Productions may make changes to the material on the Website, or to the products and prices described in it, at any time without notice.
- The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Instore Radio Productions provides you with the Website on the basis that Instore Radio Productions excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
Terms and termination
- These terms will continue to apply to you until terminated by either you or Instore Radio Productions Ltd. Instore Radio may terminate the Terms or suspend your access to the Instore Radio Service at any time, including in the event of actual or suspected unauthorised use of the Instore Radio Productions Service or non-compliance with the Terms. If you or Instore Radio Productions suspends your access to the Service, you agree that Instore Radio Productions shall have no liability or responsibility to you and Instore Radio Productions will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To terminate your Instore Radio Productions account, please contact us through the Customer Service contact form.
- No delay, act or omission by a party in exercising any right will be deemed a waiver of that, or any other, right or remedy nor stop further exercise
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
- These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.