Terms of Service
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 7 of the Consumer Protection Act, 2007;
1.3 “Contract” means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.5 “Supplier” means Church Music Ireland of 1 Sycamore Drive, Dundrum, Dublin 16 which operates ChurchMusic.ie;
1.6 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 “Website” means churchmusic.ie or any other internet based service operated by the Supplier.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier’s address stated in clause 1.5.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the invoice.
4.2 Payment of the price, if applicable, must be made immediately. Payment must be made without deduction or set-off.
4.3 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.4 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3.00% per annum above the ECB base rate in force.
5.1 The Supplier shall begin to perform the Services within 7 days of full payment.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.2 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7 BUYER SUPPLIED CONTENT
7.1 The Supplier reserves the right to refuse any content supplied by the Buyer for inclusion on the website that it deems inappropriate.
7.2. The Buyer warrants that it has ensured that all content supplied by the Buyer for inclusion on the website is free from any copyright, trademark and any other limitation of use restrictions.
7.3 For the duration of the Contract you grant the Supplier a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over any content supplied for inclusion on the website.
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made, in which case a full refund will be made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13.2 Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish courts.
This promotional voucher may only be redeemed on our Web site www.churchmusic.ie toward the purchase of an act that is fully registered on ChurchMusic.ie. Promotional vouchers cannot be used retrospectively, ie applied to enquiries already placed through us. The voucher has a maximum value of €200. ChurchMusic.ie reserves the right to cancel online vouchers at any time. Voucher is not exchangeable for cash and is non-refundable. No reissue or reimbursement for any lost or void voucher. Voucher can only be used once by the original enquirer. We will not be liable to you for any loss and/or damages of any kind suffered in connection with: Your purchase, redemption and/or use of the Voucher; Your inability to use the Voucher due to lost or forgotten or void or as a result of your giving the wrong contact information; or The use of the Voucher by any person(s) not authorised or approved by you. We reserves the right at our absolute discretion to vary, delete or add to any of these Terms and Conditions and/or substitute or replace the Voucher with another product or program of equivalent value from time to time without any prior notice. By redeeming the Voucher, you agree to be bound by these Terms and Conditions. Please note that voucher codes cannot be used in conjunction with any other offer.
16 CHOICE / OPT OUT
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