Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Earworms Ltd products and this website are covered under Copyright Law.

Reproduction, duplication, copying, selling, reselling, or otherwise exploiting for any purpose is prohibited. The purchase of an Earworms product provides you with a 'personal use' only license. An extended license must be purchased for anything other than personal use, please direct your enquiry to: info@earwormslearning.com. By ordering your product via: www.earwormslearning.com you are making an offer to purchase the product. Earworms Ltd will send email confirmation containing the details of your order. Your offer to purchase is accepted by Earworms Ltd when the product is dispatched. By ordering an Earworms product, you accept and are automatically bound by these Terms and Conditions.

Postage & Delivery
Earworms dispatches within 72 hrs of receiving payment notification from WorldPay at the rates specified on the 'buy' page.

Privacy Statement
Earworms are committed to protecting your privacy. We collect the minimum information about you in order to process your purchase i.e. your name, address, telephone number and your email address. These details will not be passed on to any third parties.

As part of our customer services policy, Earworms may contact you by letter, telephone or email to inform you about other products or services that may interest you. Should you wish to exercise your right to opt out, please inform us in writing as soon as possible.

Refunds & Returns
We encourage you to ‘Try before you Buy’ as audio recordings are excluded from your right to cancel in the case of MP3 Downloads & if you have unsealed CD packaging. Additionally we offer a Free Sample Download Album to help you make an informed decision on course content before you part with your cash. If you are still undecided whether to purchase, feel free to contact our Support Desk with your concerns.

You are entitled to a statutory cooling-off period of seven days to change your mind and cancel an order only in the case of returning unopened CDs.

For further information please visit: www.dti.gov.uk/ccp/topics1/guide/homeshop.htm and http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made

If you decide to cancel your CD order you need to inform Earworms Ltd within 7 working days from the day after you receive the goods. This should be in writing, or by email. Earworms Ltd will refund the full cost of your purchase with the exception of the original postage charge within 30 days providing you haven’t broken/opened the cello wrap sealing.

The goods must be returned at your own expense & received in a ‘fit for resale’ condition. Please return securely to: Earworms Ltd, Sapphire House, Roundtree Way, Norwich, NR7 8SQ, United Kingdom

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Earworms Ltd. The collective work includes works that are licensed to Earworms Ltd. Copyright 2011, Earworms Ltd ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Earworms Ltd or purchasing Earworms Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Earworms Ltd or to purchase Earworms Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Earworms Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Earworms Ltd used in the site are trademarks or registered trademarks of Earworms Ltd

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Earworms Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Earworms Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Earworms Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Earworms Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Earworms Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Earworms Ltd product is mistakenly listed at an incorrect price, Earworms Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Earworms Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Earworms Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Earworms Ltd without notice at any time, for any reason.

The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Earworms Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Earworms Ltd.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Earworms Ltd products) shall be in the county or magistrate courts located in London, England. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Earworms Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Earworms Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Earworms Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Earworms Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Earworms Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Earworms Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Earworms Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Earworms Ltd in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Earworms Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Earworms Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Earworms Ltd, Earworms Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Earworms Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Earworms Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Last updated 24 / 10 / 2013

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