PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
We recommend that you print a copy of these terms for future reference.
1. Who we are and how to contact us
www.blueripplesound.com is a site operated by BLUE RIPPLE SOUND LIMITED ("we", “us”, “our”). We are a limited company registered in England and Wales under company number 06571739 and have our registered office at C/O BSG Valentine & Co, Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ.To contact us, please email email@example.com.
2. Orders for our Products and your account
2.1. In order to purchase and use any of our paid-for Products you will be required to set up an account with us (“Your Account”) (no account will be required for download of Products we offer for free) and as part of this process you will be asked to set a password. Your password and any user identification code, password or any other piece of information provided to you by us as part of our security procedures must be treated as confidential and must not be disclosed to any third party.
2.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
3. Preliminary requirements
By placing an order with us for the purchase of any of our Products or downloading any of our free Products, you warrant that
3.1. you are legally capable of entering into binding contracts;
3.2. you are at least 18 years old and above; and
3.3. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the purchase of the Products.
4. Your contract with us
4.1. Your order constitutes an offer to us to purchase a Product. All orders are subject to acceptance by us and we shall confirm such acceptance to you by sending you an email confirming the acceptance of your order ("Confirmation Email"). Your contract with us for the purchase of the relevant Product(s) will be formed when we send the Confirmation Email.
4.2. Each contract between you and us relates only to the Products which have been confirmed in the Confirmation Email. We shall not be obliged to supply you with any other Products which have not been set out in the Confirmation Email.
4.3. You acknowledge that the Confirmation Email will be sent promptly following payment by you, wherever possible, and accordingly any applicable statutory right to a “cooling-off” period will not apply.
4.4. You further acknowledge and agree that by downloading any of our Products (whether paid-for or free) and/or using any Licence Key provided by us, you have entered into a binding contract with us.
5. Product and download process and availability
5.1. The Confirmation Email will include a licence key ("Licence Key") to access the Product and a link by which you may download the Product to your personal computer. Your use of the Product shall be strictly governed by the appropriate EULA which shall be made available to you prior to purchase of the relevant Product.
5.2. We rely on third party service providers to process your order and to make the Product available to be downloaded via the link in the Confirmation Email. Accordingly, we cannot guarantee the processing of your order or the availability of the Product to be downloaded from the third party server at all times. We shall where possible or practical use our reasonable endeavours to notify you of any scheduled server or website downtime and to provide you with alternative means by which you may access and download the Product.
6. Prices and payment
6.1. Unless otherwise expressly set out to the contrary or in cases of obvious error, the prices ("Prices") of all Products shall be as set out on our site and shall be correct at the time of you placing the order. We shall use our reasonable endeavours to ensure that the Prices of the Products are accurate and correct at all times. Where there is a discrepancy between the actual Price and the Price advertised, we shall inform you of the actual Price of the Product. If the Price discrepancy arises after you have placed your order for the Product with us, you shall have the option of proceeding with your order in consideration for the actual Price or to cancel your order with us.
6.2. You may pay for your order using the method of payment set out on our site. We reserve the right not to process your order if we or our appointed payment handler do not receive payment of the Price and any other applicable charges including without limitation any applicable taxes.
6.3. All Prices quoted on our site shall be inclusive of VAT, if VAT is applicable to the relevant purchase, unless otherwise stated. An itemised receipt of your purchase shall be available once payment of the Price has been made.
6.4. If you are a non-United-Kingdom resident, your purchase may be subject to additional local taxes. We shall not be responsible for any such additional taxes and we recommend that you seek independent advice in respect of payment of such additional taxes, where applicable.
7. Cancelling your order and your rights
7.1. You acknowledge and agree that upon your receipt of the Licence Key in the Confirmation Email, you are deemed to have "used" the Product and therefore will not be able to rely on any cancellation rights during any applicable Cooling-Off Period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or under any other legislation.
7.2. Subject to clause 7.1, you may cancel your order and request a refund of the Price, provided that:
7.2.1. such cancellation is made prior to your receipt of the Confirmation Email; and
7.2.2. your request to cancel is sent by email to email@example.com or any other designated email address(es) published on our site.
7.3. We shall use our reasonable efforts to promptly process your refund, or in any case, within thirty (30) days from the date of your notice pursuant to clause 7.2.2.
7.4. We are entitled not to refund you the Price if:
7.4.1. you have received the Confirmation Email at the time of your cancellation; or
7.4.2. we have reason to believe that you have received the Confirmation Email at the time of your cancellation; or
7.4.3. you have used the Product or the Licence Key in any way; or
7.4.4. you fail to comply with clause 7.2. For the avoidance of doubt, this does not affect your statutory rights in the event that the Product and/or the Licence Key is defective.
8. Defective Products or Licence Keys
In the event you are unable to access and/or use the Product you have ordered and/or its Licence Key due to a defect, we shall use our reasonable endeavours to repair the defect or provide you with a replacement. If we are unable to repair the defect or provide you with a replacement, we shall refund you the Price you paid for the relevant Product.
9. Purchases and uses of our Products outside the United Kingdom
If you opt to access our site and purchase any Product from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws. We cannot guarantee that the purchase and use of the Products are lawful outside the United Kingdom. You therefore agree that you shall be fully responsible for ensuring that your purchase and use of the Products comply with all applicable local laws and regulation.
10. Free and trial versions of our Products
10.1. We may offer some Products on a free basis. If you wish to download any such Products you will not be required to set up an account in order to access a download, but you will be required to agree to the EULA terms applicable to such Products.
10.2. We may also offer certain Products on an unpaid trial basis in order to enable you to assess the functionality of such Product(s). You acknowledge that where we provide access to any Product on such a trial basis we may discontinue access to that Product at any time and for any reason without any liability to you whatsoever. In addition, your use of any Products on such a trial basis will be subject to the terms of the EULA applicable to that Product, and you agree to comply with those terms.
10.3. We may from time to time agree to provide access to otherwise unavailable, incomplete, or other test-phase versions of our Products. If you access any of our Products on this basis you agree that such Product(s) are provided in pre-release format and may contain bugs, defaults and errors and we do not warrant or make any representation that such Product(s) are bug or error free. You agree that we cannot guarantee and do not warrant or make any representation regarding your use or the results of the use of the relevant Product(s) in terms of correctness, accuracy, reliability, currentness or otherwise. You agree that notwithstanding anything to the contrary in these Terms, we have provided no express or implied warranties, oral or written, to you regarding the relevant Product and that it is provided “as is” without warranty of any kind. We hereby disclaim all warranties with regard to that Product, express, statutory or implied, including, without limitation, all warranties of merchantability or fitness for a particular purpose. Additionally, you hereby acknowledge and agree that Products provided on a beta-testing basis contain restrictions and limitations which are consistent with software provided free of charge. In addition, your use of any Products on such a beta testing basis will be subject to the terms of the applicable EULA and you agree to comply with those terms.
Our Privacy and Cookies Policy, which sets out information about the data we collect, how we use that data and the cookies on our site;
Our end user and licence agreements (“EULAs”). If you download any of our Products, one of our EULAs will apply to your use of the Product. The EULA will differ depending on the type and use of Product. By downloading any of our Products you agree to comply with the terms of the relevant EULA.
11.2. We may make changes to these terms: We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
11.3. Changes to our site and availability of our site: We may update and change our site from time to time. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
11.4. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under these terms.
11.5. How you may use material on our site: We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
11.6. Do not rely on information on this site: The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
11.7. We are not responsible for websites we link to: Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
11.8. User-generated content is not approved by us: Our site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
11.9. Our responsibility for loss or damage suffered by you:
11.9.1. Whether you are a consumer or a business user, 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 and for fraud or fraudulent misrepresentation.
11.9.2. Different limitations and exclusions of liability will apply to liability arising as a result of the use of one of our Products, which will be set out in the applicable EULA.
11.9.3. If you are a business user, we exclude all implied conditions, warranties, representations and other terms that may apply to our site or any content on it or made available through it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (a) use of, or inability to use, our site; or
- (b) use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- (i) loss of profits, sales, business, or revenue;
- (ii) business interruption;
- (iii) loss of anticipated savings;
- (iv) loss of business opportunity, goodwill or reputation; or
- (v) any indirect or consequential loss or damage.
11.9.4. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied is proven to damage your device or digital content and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.10. How we may use your personal information: We will only use your personal information as set out in our Privacy and Cookies Policy. By using our site you consent to such use.
11.11. We are not responsible for viruses and you must not introduce them: We do not guarantee that our site or our Products will be secure or free from bugs or viruses. You are responsible for configuring your devices, information technology, computer programmes and/or platform to access our site and our Products. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.12. Rules about linking to our site: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
11.13. If a court finds part of these Terms illegal, the rest will continue in force: Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.