In this agreement the following words and expressions shall have the following meanings:
Use Your Voice: Laura Stavinoha trading as use your voice, Registered in The Netherlands under Chamber of Commerce number 34300014 and VAT-number NL131258813B01 at Cornelis Dirkszstraat 23-3, 1056 TP Amsterdam, The Netherlands.
Digital Goods: Any intangible digital product or service sold and delivered by Use Your Voice in the form of a one-off payment.
Store: Any web based service operated by Use Your Voice for the purposes of marketing and retailing digital goods.
Customer: The person purchasing Digital Goods from Use Your Voice.
Author: The person that has the Intellectual Property rights or rights to sell the Digital Goods via the Store.
1.1. This document was partly created using a template from SEQ Legal (http://www.seqlegal.com).
2. Conditions of sale
2.1. When you purchase Digital Goods from Use Your Voice, you will be required to click the “I agree” tick box to complete the order. By clicking the “I agree” tick box you are accepting these terms and conditions of sale.
2.2. The contract for the purchase of any Digital Goods will be between the Customer and Use Your Voice and will only be formed when Use Your Voice makes the Digital Goods available for download, and has received payment in full for the Digital Goods.
2.3. Use Your Voice reserves the right to reject any order we receive. By placing an order with Use Your Voice you agree you are:
- Legally capable of entering into binding contracts
- At least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
3. Cancellation and refunds
3.1. All sales of Digital Goods are final.
3.2. Refunds for any Digital Goods sold by Use Your Voice will only be considered for a refund if any of the following conditions apply:
- The Customer is exercising their rights under the Consumer Contracts Regulations for the sale of digital goods
- The Digital Goods were incorrectly described on the Store
- The Digital Goods are proven to be defective
3.3. All refunds will only be issued to the transaction ID related to the sale of the Digital Goods.
4. Price and payment
4.1. The price of any Digital Goods will be as quoted on the Store at the then current time and currency, except in the case of obvious error. This price will include legally applicable VAT.
4.2. We will not accept any offers for Digital Goods other than at the then current price. Payment for all Digital Goods is processed securely by third party payment gateway services and will be handled in the currency advertised on the Store.
5.1. Digital Goods are delivered via download to the Customers personal desktop computer or mobile device.
5.2. You hereby agree to download Digital Goods for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the Digital Goods to anyone else. Nothing in these conditions of sale grants the Customer any rights other than those expressly set out herein.
5.3. These terms do not grant the Customer any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Goods.
6. Customer requirements
6.1. In order for the Customer to access the Digital Goods the Customer is required to have an internet connection and a personal desktop computer or mobile device capable of opening the Digital Goods.
7. Collecting personal information
7.1. We may collect, store and use the following kinds of personal information:
- Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters
- Information relating to any purchases you make of our services or any other transactions that you enter into through our website
8. Using personal information
8.1. We may use your personal information to:
- Supply to you services purchased through our website
- Send invoices and collect payments
- Send you our email newsletter (you can opt-out at any time if you no longer require the newsletter)
- Deal with enquiries and complaints made by or about you relating to our website
8.2. We will not provide your personal information to third parties.
9. Security of personal information
9.1. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
9.2. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
10. Our details
10.1. This website is owned and operated by Laura Stavinoha. You can contact me:
- by post, using the postal address given above
- by telephone, on +316 2954 16 45 and
- by email, using firstname.lastname@example.org
11. Force majeure
11.1. Neither party shall 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, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
12.1. If any provision of this agreement 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 this agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
13. Entire agreement
13.1. This agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement may be updated without notice.
14. Governing law and jurisdiction
14.1. These terms shall be governed by and construed in accordance with the law of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.