A. Relating to totallyradio web site and listeners' club service

B. Relating to the totallyradio shop and retail purchases


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 immediately.

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.

4. Festival 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 totallyradio.com, 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 Productions Ltd’s privacy policy. If you do 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 in totallyradio.com.

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 ©2008 Festival Productions Ltd All rights reserved

B. totallyradio retail terms and conditions

DEFINITIONS:
"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 this contract.

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 4

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. PAYMENT
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 currency.

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 payments@totallyradio.com.

3. DELIVERY
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.

4. CANCELLATION 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 orders@totallyradio.com, 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 the Goods.

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 PRODUCTIONS LTD.

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. GENERAL
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 law.

7. COMPLAINTS
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 orders@totallyradio.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 ©2008 Festival Productions Ltd All rights reserved