Terms of Use
THESE ARE THE APPLICABLE TERMS RELATING TO YOUR USAGE OF THIS SITE.
AGREEMENT WITH THE TERMS SET FORTH BELOW SHALL BE INFERRED BY YOUR ENTRY INTO THE SITE.
AGE REQUIREMENTS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO LEGALLY CONTRACT.
* BY ENTERING INTO THIS AGREEMENT YOU WARRANT THAT YOU ARE 18 YEARS OF AGE.
* HOWEVER IF YOU ARE OVER 13 AND BELOW 18 THEN YOU CAN ENTER THE SITE PROVIDED THAT YOUR PARENT OF GUARDIAN AGREES TO THESE TERMS ON YOUR BEHALF BY CLICKING THE RELEVANT BOX. BY DOING SO THEY AGREE TO BE ACCOUNTABLE FOR YOUR USAGE, INCLUDING WITHOUT LIMITATION PAYMENT OF YOUR CHARGES INCURRED IN USING THE SERVICE VARIATIONS .
YOU ACKNOWLEDGE THAT FRANKEE RECORDS RESERVES THE RIGHT TO MAKE VARIATIONS OR MODIFICATIONS TO THESE TERMS AT ANY TIME AT ITS SOLE DISCRETION AND IT IS YOUR RESPONSIBILTY TO CHECK THESE TERMS PERIODICALLY FOR SUCH VARIATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR ONLY REMEDY IS TO STOP USING THE DOWNLOAD SERVICE
THE DOWNLOAD SERVICE
Description .
This download service (hereinafter referred to as the “Service”) is available to members for them to enter the www.frankeerecords.co.uk site (“the Site”) to acquire downloads of digital content including without limitation sound recordings, audio-visual material, software and data files in the following formats MP3 files (“the Content“), SUBJECT ALWAYS to the terms and conditions as set forth in this Agreement.
Whilst using the site;-
* you can download recordings as MP3 files (a “Purchased Track”). A Purchased Track is a recording that you can download and keep permanently
* you can have access to the main content of the site.
Use of Service.
* You acknowledge that the Content is protected by intellectual property rights and agree that you will only use the Content in accordance with the provisions of this agreement
* You will not permit any of the Content acquired by you to be reproduced, modified, or publicly performed other than in accordance with this agreement.
* The Content is for your own personal use, and not for commercial use and may only be stored for non-commercial purposes. You agree that you will not make the Content available on illegal peer to peer sites
* Burning, exportation and copying of Content is permitted by you, but it shall not be deemed to be a waiver, or in anyway restrict or otherwise limit the rights of the copyright owners, including without limitation the respective owners of the underlying publishing in the sound recordings.
* You agree that you will not attempt (either alone or with others) to circumvent the navigational structure of the Site, or otherwise tamper with the Content and if Frankee Records become aware of any such activity they reserve the right to ban you from the Service
* You agree that you will not use the Service or the Content for any illegal activity or for any purpose that infringes the rights of Frankee Records or any third parties
* You will not take any action that imposes a disproportionate strain on the Site
* You are responsible for ensuring that you have compatible software to use the Service. Frankee Records accepts no liability in relation to this
* You accept that some of the Content may contain lyrics that may be explicit, or may be otherwise potentially offensive and you agree that you will not hold Frankee Records liable in relation to that for any losses whatsoever
REGISTRATION
Information. To use the Service download MP3’s you must provide us with some personal information (the “Information”). You warrant that the Information is full complete and accurate and you agree to notify us of any changes that occur to the Information. If you fail to comply then Frankee Records reserves the right to deny you access to the Service. You agree that Frankee Records shall be entitled to use the Information to notify you of promotional activity that may be of interest to you, but is it is not part of Frankee Records’ privacy policy to disclose the Information to third parties.
* Frankee Records shall not be responsible for any losses caused by the improper use of this site and you agree to indemnify Frankee Records in relation to such usage
CHARGES/BILLING
Payment. You agree to pay for the Content downloaded at the stated price by one of the following payment methods.
* MasterCard,
* Visa,
* Visa Delta Switch
* Solo debit cards
* Paypal
* Each Purchased Track costs £0.99
All fees will be billed in accordance with the method you designate during the purchase process. Frankee Records will get prior authorisation for the transaction and billing should occur at, or shortly after the time of purchase. Frankee Records may in its discretion post charges to you individually, or in aggregate. If your billing details change then you should notify Frankee Records immediately. Frankee Records reserves the right to make changes to the prices at any time. There is no right of cancellation or refund once a download has occurred.
COPYRIGHT INFORMATION/INTELLECTUAL PROPERTY RIGHTS
Copyright . Frankee Records (and it’s licensors) are the owner of the copyright in the Content and your usage is strictly in accordance with this agreement. You agree to observe the applicable copyright laws and to ensure that the copyright marks are preserved and are not tampered with. Frankee Records and its licensors are the owners of the copyright in the Site including without limitation, the trade marks, visual interfaces, artistic images (including photographs), music and computer code. You agree not to infringe these rights in any way and only to access the Content by legitimate means through the Service. If you breach this provision then you may be subject to both civil and criminal penalties. If Frankee Records suspects that you are in breach then you may be barred from the Service.
Access to the whole or part of the Content may be suspend or denied by Frankee Records in its absolute discretion without nonfiction to you.
LINKED SITES
Frankee Records may incorporate links to third party websites. However Frankee Records cannot be held liable for the actions of the third party sites, or any of their content. The onus of responsibility is with you when you use these sites and Frankee Records excludes liability for any losses so caused.
TERMINATION
Frankee Records may terminate your account/order at any time without notice to you if:-
* You are in breach, or if Frankee Records reasonably suspects that you are in breach of any provisions of this agreement
* Failure to make payment when due
* Failure to provide accurate Information
If termination occurs then Frankee Records shall have no liability to refund you any amounts that have been paid and you will remain liable for any liabilities due to Frankee Records in relation to use of the Service
JURISDICTION/RELEVANT LAW
Frankee Records is a company registered in England and consequently this agreement shall be governed by the laws of the England and the High Court in London shall have exclusive jurisdiction.
LIABILITY LIMITATIONS
* Use of the Service is at your sole risk. The service is provided “as is” and without any warranty from Frankee Records, its employees, suppliers, licensors, or other business partners whether express or implied by law. This does not affect your statutory rights
* Frankee Records cannot accept any liability in relation to any loss caused to you by through viruses, hacking, corruption, or other interference
* No oral information given by anyone purportedly on behalf of Frankee Records shall in any way create a warranty
* It is your responsibility to ensure that any particular device is compatible with the Service and you should make your own inquiries
* No liability is accepted in relation to consequential damages for loss of profits, interruption to your business or alike
INDEMNITY
You agree to indemnify and hold Frankee Records, its officers, directors, shareholders, employees, licensors harmless from any demands, losses, claims or expenses (including solicitor’s fees) as a result of your use of the Service
NOTICES
Notices from Frankee Records shall be sent by email to the email address given in the Information or by letter to the postal address given. Notices by Frankee Records shall be by registered post to their address at 40 Canterbury Close, Victoria Rd, Beverley, East Yorkshire, HU17 8PS, UK.
PRIVACY POLICY
Introduction
Frankee Records takes the confidentiality of personal data seriously.
Frankee Records’ privacy policy sets out the ways the company processes personal data. Any personal data collected by Frankee Records (or its agents) is used in accordance with data protection legislation.
The Data Protection Act 1998 Frankee Records complies with the principles of the Data Protection Act 1998, and aims to maintain consistently high levels of best practice in its processing of personal data. Personal information provided to Frankee Records will be used for the purposes outlined at the time of collection. In addition, personal information may be used for statistical analysis. Personal data will be collected and processed by Frankee Records for the following purposes:
* to provide services
* administration
* marketing, advertising and promotions
* notification of events, newsletters and payment information
Through each communication from Frankee Records it is possible to opt-out of receiving further messages. Processing personal data for the above purposes may entail sharing the information with professional advisors servicing Frankee Records. However, written agreements exist between Frankee Records and such parties that there must be no disclosure or further processing of such personal data.
Consent
By providing personal data to Frankee Records you give your consent to the processing of such data by Frankee Records as described in this privacy policy.
Your rights
You have the right to ask Frankee Records for a copy of the personal data held about you and to request that the firm correct any inaccuracies in that information.
Use of your information for Direct Marketing
At each point of data collection, you will be given the opportunity to opt-out of receiving future direct marketing material from Frankee Records. If you do not opt-out of such communications, the firm may provide information on appropriate services, or new additions and content to the site. As a matter of best practice, Frankee Records aims to maintain the quality of the personal data it gathers and will store your personal information securely for as long a period as you wish. If at any time you want Frankee Records to stop sending such communications or if you wish to verify, update or amend your personal information then please mail your request to: frankeerecords@yahoo.co.uk
The use of cookies on frankeerecords.co.uk
A "cookie" is a small text file that is put by a website on a user's computer hard drive. Internet browsers normally accept cookies by default; however, it is possible to set a browser to reject cookies. If your browser is set up to reject the firms cookie you may still use the website. Cookies are often used to tell the website a user is registered and to personalise the user's visit to the website however a number of functions will not work without them.
Hyperlinks to third party websites
Frankee Records privacy policy applies solely to the personal data collected through the firms marketing activities. Whilst offering links to third party websites Frankee Records is unable to accept any responsibility for the content of these sites or their management of your personal data, we advise that you take note of each sites privacy policy as a precaution.
Security
Frankee Records holds your personal data in accordance with the security provisions of the Data Protection legislation.
TERMS REGARDING PHOTOGRPAPHY AND ARTWORK
1) Statutory Rights: your statutory rights are not affected by any clause in these Terms and Conditions or elsewhere in the website www.frankeerecords.co.uk
2) Guarantee of Quality: all products are developed to meet the required standards for the purpose they were intended.
3) Cancellation Policy: you have the right to cancel your order for any reason within 7 working days from the day after receiving delivery of your order but must contact Kathy Marshall by telephone (+44 (0) 1482 881910) or email (info@frankeerecords.co.uk) to record your decision. Under such circumstances you will be required to pay for first class return postage and this will be deducted from any refund due to you. This will be the only deduction made and the balance will be returned to you within 30 days from cancellation.
4) Payment Options: payment is currently accepted by Paypal.
5) Returns Procedure: we make every effort to ensure goods arrive in perfect condition. However, in the unlikely event of a product not being delivered within 14 days from the despatch date (Saturdays and Sundays not included) customers should advise by e-mail (info@frankeerecords.co.uk). We will make every effort to locate the goods and, if necessary, send a replacement at our expense or provide a full refund. If goods arrive damaged in any way, customers should contact us within 7 days of receipt. This does not affect your statutory rights as a consumer.
6) Refunds: refunds for valid claims will be made via the same method of payment as used to place order.
7) Delivery Methods & Times: deliveries within the United Kingdom are made by First Class Post, unless express delivery is requested. For delivery to other destinations please contact us by phone (+44 (0) 1482 881910) or e-mail (info@frankeerecords.co.uk).
8) All Copyright rights remain with the photographer or the artist at all times unless an agreement can be reached by both parties.
9) Delivery Charges: first class postal delivery in the UK is stated on the website. Overseas delivery will be charged at cost, to be paid as part of the process of submitting an order.
10) Customer Support and Order Inquiries: to follow up on the delivery of goods or for any enquiries contact: info@frankeerecords.co.uk.
11) Privacy and Data Protection: any information collected about you during the course of the ordering and registration process is kept on record to assist our administration and for future marketing initiatives. We do not sell or pass to anyone information contained on customers, which remains confidential to the company. All data is collected lawfully and in accordance with the Data Protection Act 1998. If you prefer not to receive marketing material from Frankee Records, you may opt out of this service by e-mail to info@frankeerecords.co.uk. Any concerns over privacy may be addressed by e-mail to info@frankeerecords.co.uk
12) Substitutions: whilst every effort will be made to supply the items as specified, the contents of an order are subject to availability. We reserve the right to substitute items of similar or higher value, where appropriate, should the need arise. Under these circumstances you will be contacted prior to your order being dispatched, and you will have the option to accept or decline the substitute goods.
13) Unforeseen Circumstances: while every effort will be made to meet shoppers' demands, cancellations or variations may be necessary as a result of Act of God, War, Strike, Lockout, Labour Dispute, Fire, Flood, Drought or other causes beyond our control.
14) Complaints: any complaints should be made by e-mail to info@frankeerecords.co.uk. We endeavour to respond to all complaints within 5 working days.
15) Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the Cancellation Policy.
16) Frankee Records reserves the absolute right to refuse or rescind any order. Non-acceptance of an order may be a result of one of the following:
a)The product you ordered being unavailable
b)Our inability to obtain authorisation for your payment
c)The identification of a pricing or product description error
d)You not being eligible to place the order
Frankee Records.