A. Relating to totallyradio web site and
listeners' club service
B. Relating to the totallyradio shop and retail
A. totallyradio web
site and listeners' club terms and conditions
1. totallyradio.com is wholly
owned by Festival Productions
Ltd Registered in England no. 3688979
2. Use of any part of totallyradio.com
(including free and subscription areas) constitutes acceptance of
these terms and conditions. These terms and conditions are effective
immediately on your first use of totallyradio.com.
Festival Productions Ltd
reserves the right to change these terms and conditions at any time.
Changes will be posted online; it is your responsibility to regularly
review these terms and conditions for such changes. Continued use
of totallyradio.com after such changes
have been posted constitutes your acceptance of any changes. If
you do not accept these term and conditions please stop using totallyradio.com
3. You and only you may only use the
content of totallyradio.com for personal,
non-commercial, lawful purposes. You may not resell, transfer, allow
other people or another entity to use or derive benefit from any
part of totallyradio.com or its content.
Festival Productions Ltd grants
you a limited, non-exclusive, non-transferable, revocable right
to stream, download and/or copy as applicable parts of totallyradio.com
content to your personal computer or other playback device.
Productions Ltd may terminate or suspend your access to all
or parts of totallyradio.com, without notice,
for any conduct that Festival Productions Ltd,
in its sole discretion, considers to be in violation of these terms and
conditions or applicable law, or is against the interests of another user
or third party. In such case Festival
Productions Ltd shall have no liability to you, and Festival
Productions Ltd will not refund any portion of your subscription
fee or unused credit points.
5. All content on totallyradio.com
including audio, graphics, text, images, programming code and other
material is the exclusive property of Festival
Productions Ltd or its content suppliers. As such
it is protected by copyrights, trademarks and/or proprietary rights
under the laws of England and Wales and other countries. All present
and future such rights or marks shall at all times be and remain
the exclusive property of Festival
Productions Ltd and its content suppliers. You may
not create any derivative works based on the content contained in
except as expressly authorised in these terms and conditions, unless
you have the express permission of Festival
Productions Ltd to do so.
6. totallyradio.com may provide links
to other websites or may include third party content on the service
by framing or other methods. A link to another website is provided
for your information and convenience and does not mean that Festival
Production’s Ltd endorses, sponsors or authorises that website.
Festival Productions Ltd is not
responsible for any of the content of linked websites, their virus
free state or other items of a destructive nature found there. If
you link to third party websites from totallyradio.com
you do so at your own risk.
7. If you make any submission to totallyradio.com
(including but not limited to text, graphics, images, video, audio
or programming code) you grant Festival
Productions Ltd a perpetual, royalty-free, non-exclusive,
sub-licensable right and licence to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
play and exercise all copyright and publicity rights with respect
to any such work worldwide and/or to incorporate it in other works
in any media now known or later developed, consistent with Festival
not wish to grant Festival Productions Ltd
this right please do not make a submission. By submitting a contribution
to totallyradio.com, you warrant that
your contribution is your own original work, is not defamatory,
does not infringe any law and that you have the right to submit
it. You indemnify Festival Productions Ltd
against all legal fees, damages and other expenses that may be incurred
by Festival Productions Ltd as a result
of your breech of the above warranty; and agree to waive any moral
rights in your contribution for the purposes of its submission to
and publication on totallyradio.com and
the other purposes specified above.
8. You use totallyradio.com
at your sole risk. Content is provided “as is” and Festival
Productions Ltd makes no warranty of any kind, express
or implied, as to the accuracy or completeness of the content, including,
but not limited to, implied warranties of satisfactory quality,
non-infringement, title or fitness for a particular purpose or use.
In no event will Festival Productions Ltd
be liable for any damages whatsoever arising from use or loss of
use, data or profits, whether in action of contract, negligence
or other tortuous action, arising out of or in connection with use
of totallyradio.com. Festival
Productions Ltd does not warrant that the functions contained
in the material contained in totallyradio.com
will be uninterrupted or error free, that defects will be corrected,
or that totallyradio.com or the server
that makes it available are free of viruses or bugs or represents
the full functionality, accuracy and reliability of the materials.
In no event will Festival Productions Ltd
be liable for any requests for refund or redress arising from any
change in functionality, quality or accuracy of the materials included
9. You agree to indemnify and hold harmless
Festival Productions Ltd and its agents,
employees, representatives, licensors, affiliates, parents and subsidiaries
from and against any and all claims, losses, demands, causes of
action and judgements (including legal fees and expenses) arising
from or relating to your use of totallyradio.com,
including, without limitation, allowing others to use your subscriber
name, account and/or password.
10. In order to subscribe to the totallyradio.com
listeners' club you must register and provide specified information. You
warrant that your registration information will be current, complete and
accurate at all times, and that you will update it as necessary. You may
not allow others to use your login name, password or account.
11. By registering for the subscription
service you authorise the online payment partners for Festival
Productions Ltd to charge the subscription fee to your designated
credit card or other online payment system on a one-off, monthly
or yearly basis as applicable to your preferred subscription option.
If your billing information changes you warrant that you will update
that information as necessary. All payments are managed through
your online payment provider and not by Festival Productions; you
should make yourself aware of their terms and conditions. If you
cancel your subscription for any reason, you must do so through
your online payment provider, who will cancel payment and inform
Festival Productions Ltd In the event
of a cancellation, Festival Productions Ltd
will not refund any remaining proportion of your subscription fee.
All subscription fees are subject to change on reasonable notice
via email. If you do not accept the revised subscription fee you
should cancel your subscription via your online payment provider.
Festival Productions Ltd reserves the
right to charge and collect all applicable taxes.
12. These terms and conditions shall
be governed by and construed in accordance with the laws of England
and Wales. Disputes shall be exclusively subject to the jurisdiction
of the courts of England and Wales. If any of these terms and conditions
should be determined to be illegal or otherwise unenforceable by
reasons of the laws of any state or country in which these terms
and conditions are intended to be effective, then to the extent
and within the jurisdiction which that term or condition is illegal,
invalid or unenforceable, it shall be severed and deleted from this
clause and the remaining terms and conditions shall survive, remain
in full force and effect and continue to be binding and enforceable.
13. These terms and conditions are complete
and supercede any prior terms and conditions whether written or
oral. If these terms and conditions are not accepted in full, you
do not have permission to access the contents of this website and
should stop using it immediately.
Terms and Conditions Copyright ©2009 Festival
Productions Ltd All rights reserved
B. totallyradio retail
terms and conditions
"the Purchaser" shall mean any person, company or firm
entering into a contract with FESTIVAL PRODUCTIONS LTD (incorporating
the Terms and Conditions set out below).
"FESTIVAL PRODUCTIONS LTD" shall mean totallyradio.com
and is the owner of the website and the url www.totallyradio.com
"Goods" shall mean any merchandise, goods or products
supplied by FESTIVAL PRODUCTIONS LTD to the Purchaser pursuant to
1.1 These terms and conditions apply
to all contracts for the sale of Goods through the totallyradio
shop by FESTIVAL PRODUCTIONS LTD made
on this Website throughout the World (including UK).
1.2 Subject to availability of Goods
FESTIVAL PRODUCTIONS LTD agrees to sell
the Goods to the Purchaser and the Purchaser agrees to purchase
Goods on these conditions.
1.3 An order placed by the Purchaser,
which has been accepted by FESTIVAL PRODUCTIONS
LTD, may be cancelled by the Purchaser at any time up and
until seven (7) days from the date of receipt of the Goods by the
Purchaser. For more details on how to cancel an order see clause
1.4 FESTIVAL PRODUCTIONS LTD may at its sole discretion
change the terms and conditions without prior notice. Prices, specifications,
descriptions and illustrations are to give the Purchaser a general idea
and can be changed without prior notice or obligation. Purchasers are advised
to visit these pages on the Website from time to time to make themselves
aware of such changes. FESTIVAL PRODUCTIONS LTD
makes every effort to maintain prices as quoted on the totallyradio shop
but it may be necessary to increase or decrease the price. Any changes in
price shall be confirmed in writing to you.
2.1 The price of Goods will be stated on the website in GB pounds and/or
US dollars. Value Added Tax (VAT) is payable by all European Union members
including United Kingdom residents and is included in the price at the current
prevailing rate. For Purchasers outside the European Union you may be liable
for import or sales tax in your own country .You will also be charged an
additional amount for postage and packaging. The amount
FESTIVAL PRODUCTIONS LTD charge may differ from the amount actually
billed by the Purchaser's credit/debit card company, as the credit/debit
card company will calculate the rate of exchange in the Purchaser's local
2.3 Payment can be made by debit/charge cards
or other methods as specified by Worldpay or Paypal in their secure payment
pages at the time of order confirmation. For further information on Worldpay’s
terms and conditions and what cards Worldpay accepts and details of your
transaction please visit www.worldpay.com. For further information on Paypal’s
terms and conditions and what methods of payment Paypal accepts, and details
of your transaction please visit www.paypal .com. Festival Productions holds
no record of your payment details. Each order processed by Worldpay will
have a unique order number supplied by Worldpay secure online clearance
via e-mail - please retain this email for future reference.
2.5 In the event that you have a dispute regarding
the amount that has been charged to your card please contact your credit/debit
card company. You can also contact FESTIVAL PRODUCTIONS
LTD by emailing firstname.lastname@example.org.
3.1 Please allow 30 days from the date
of your order for Goods to be delivered.
3.2 FESTIVAL PRODUCTIONS
LTD warrants that the Goods supplied shall be fit for their
intended purpose. The Purchaser must return any defective Goods
in accordance with the returns procedure set out in Clause 4 below.
3.3 Unless otherwise stated most Goods
will be sent within the 30-day period on some occasions very popular
Goods may be out of stock. In such cases if the Purchaser's order
cannot be sent within the time period stipulated FESTIVAL
PRODUCTIONS LTD shall notify the Purchaser in writing, by
e-mail or by telephone, and offer the Purchaser the opportunity
to either cancel the order or extend the delivery time for the existing
order or refund the price paid.
3.4 If the Purchaser fails to notify
FESTIVAL PRODUCTIONS LTD that it agrees to an extension of
time for the delivery of an order the Purchaser's order will be
completed as soon as possible.
3.5 The Purchaser will only be charged
if FESTIVAL PRODUCTIONS LTD is able to
process the Purchaser's order and send the Goods.
AND RETURNING GOODS
4.1 If you wish to cancel an order you
may do so at any time up and until seven (7) days from the date
when the Purchaser receives the Goods.
4.2 In order to cancel your order please e-mail
write to totallyradio 170 North Street Brighton BN1 1EA United Kingdom
, or phone/fax 01273 244144/ 273107 quoting your Worldpay or PayPal order
number address and the reason for cancellation. You will be informed in
writing by e-mail that your order has been cancelled.
4.3 The Purchaser shall examine Goods
as soon as they receive them. If the Purchaser claims the following:
(a) that the Goods are defective or faulty,
(b) or the Purchaser has received the incorrect Goods
(c) or the Purchaser has received less than the amount ordered,
then the Purchaser shall have seven (7) days from receipt of the
Goods to notify FESTIVAL PRODUCTIONS LTD
stating the reasons for rejecting the Goods. Failure to give such
notification shall be deemed conclusive that the Purchaser has accepted
the Goods. FESTIVAL PRODUCTIONS LTD will
issue a refund on receipt of the returned goods.
4.4 Only in the specific circumstances
stated in Clause 4.3 (a) - (c) inclusive will FESTIVAL
PRODUCTIONS LTD refund the Purchaser the cost of returning
4.5 In the event the Purchaser just
does not want the Goods and they are not defective in any way or
satisfy the conditions in 4.3 (a) -(c) FESTIVAL
PRODUCTIONS LTD shall not refund the cost of returning the
Goods. The cost of returning Goods in these circumstances will be
at the Purchaser's expense and such returns should be made using
an insured method by registered post or by recorded delivery.
4.6. FESTIVAL PRODUCTIONS
LTD accept no liability whatsoever for Goods returned by
the Purchaser and lost in transit.
4.7 Under the United Kingdom's Distance
Selling Regulations a Purchaser has the right to cancel the contract
for the purchase of any Good(s) with in seven (7) working days of
Delivery. Please note that the right of cancellation does not apply
to CDs. Videos, or DVD's or software products("Exempt Goods")
once they have been opened. You can only return these"Exempt
Goods" if they are faulty or defective.
4.8 Your credit card company should
provide you with a full refund within thirty (30) days of the cancellation.
4.9 Nothing in this contract shall be
deemed to affect the Purchaser's statutory rights as a consumer
under English Law.
5. WARRANTIES AND LIABILITIES
5.1 Whilst FESTIVAL
PRODUCTIONS LTD makes all reasonable efforts to provide up
to date and accurate information on this Website no warranties or
representations as to its accuracy are made. No liability or responsibility
for any errors or omissions is assumed by FESTIVAL
5.2 Subject as expressly provided in
these Terms and Conditions, all warranties, conditions whether express
or implied by statute, common law or otherwise, are excluded.
6.1 Always provide a return mailing address,
and e-mail address with your orders.
6.2 Any Goods purchased from this Website
are for personal use and not for re-sale. FESTIVAL
PRODUCTIONS LTD reserve the right to decline orders for bulk
or high value purchases.
6.3 The construction, validity and performance
of this contract is governed by English Law and the parties submit
the non-exclusive jurisdiction of the English Courts.
6.4 Each order placed by the Purchaser
will be considered a separate and independent contract. The Purchaser
agrees that it will have no right of set-off in respect of any other
order or agreement between the parties.
6.5 Purchasers who access this Website
from locations outside the United Kingdom do so on their own initiative
and shall be responsible for compliance with applicable United Kingdom
7.1 We aim to provide Purchasers with the best
service and products if for any reason you are not entirely satisfied
with a product or level of service then you should e-mail email@example.com
write to totallyradio 170 North Street Brighton BN1 1EA United Kingdom,
or phone/fax 01273 244144/ 273107. We will respond to complaints within
5 working days. We will attempt to rectify any problem quickly and fairly.
Terms and Conditions Copyright ©2009 Festival
Productions Ltd All rights reserved