TERMS AND CONDITIONS OF CLICKGROOVE.COM WEBSITE

General Terms and Conditions

1. The ClickGroove.com Website ("the Website") is owned and operated by SE13 t/a Xpressbeats.com, ("We", "our", "us"), whose business office is at Devonshire House, 223 Upper Richmond Road, London, SW15 6SQ and you as a user of the Website ("you/your").
   
2. By accessing the Website, you agree to be bound by the terms and conditions appearing in this document ("the Conditions") and you accept our Privacy Policy.
   
3. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy and you accept our Privacy Policy which is available for viewing here.
   
4. We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
   
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.
   
6. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part 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.
   
8. You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
   
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.
   
10. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
    
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).
    
12. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
    
13. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use. However subject to you obtaining any and all necessary permissions from the copyright owners of the musical compositions contained on the relevant tracks and obtaining any other necessary permissions from any other third party individuals, organisations, unions or guilds you may also "burn" the track to CDR and play the track while working as either a paid or unpaid DJ. 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. Please be aware that when you complete a purchase, the purchased track is instantly impregnated with a "watermark". This watermark identifies your membership details and the time you made your purchase. We constantly monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from tracks originally purchased from the Website. 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 will (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 pass on your contact details to them.
    
14. You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright, "© 2004 SE13 t/a Xpressbeats.com. All rights reserved".
    
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.
    
16. 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. 
    
17. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
    
18. 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.
    
19. These Conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
    
20. 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.
    
    Physical Products purchased from The Website ("Products") 
    
21. 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 details together with such other details that may be requested at that that time from you by us. Any orders received by us after 4.00PM GMT/BST shall be deemed to be received the following working day.
    
22. You can check the progress of your order by contacting a member of our staff during the working hours 9.30AM GMT/BST to 6.00PM GMT/BST.
    
23. All orders are made subject to acceptance by you of these Conditions.
    
24. 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.
    
    Music Downloaded From The Website ("Downloads)
    
25. Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.
    
26. All sales are final. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences.
    
27. We accept Paypal and all major credit and debit cards as methods of payment for purchasing songs from the Website.
    Please note: 
    • Credit and debit cards have daily spending limits that may prevent the processing of your order.
    • If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card.
      
28. The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.
    
29. We reserve the right to change options relating to music downloadable from the Website without prior notice.
    
30. For assistance with billing questions or other order enquiries please contact us by clicking here: office@clickgroove.com 
    You shall be authorised, to the extent permitted by law, to use, burn and export Downloads purchased only for personal, non-commercial use, expect for paid DJ work, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.
    
31. If you wish to contact us please click on the link below:
    
    office@clickgroove.com  
    
    or alternatively write to us at the following address:
    
    Devonshire House, 223 Upper Richmond Road, London, SW15 6SQ,
    United Kingdom
    
    or contact us by telephone on +44 (0) 20 8780 0612