1. ACCEPTANCE OF TERMS

1.1   Welcome to the ‘Scotloads’ music downloads service (the “Service”) provided by Scotloads (“We” or “Us”). As a customer (a “Customer”) of our Internet site your use of the Service is subject to these Terms & Conditions (“Terms”). 1.2 These Terms constitute the whole agreement (the “Agreement”) between you and us to the exclusion of any other terms and conditions which may have been submitted by you or purported to be accepted by you.

2. DESCRIPTION of service

2.1   We provide the Service to enable Customers to download music files (the “Product”) and to mail order CDs. It is your responsibility to provide all equipment necessary to make such connections to the World Wide Web, including a computer and modem or other access device as is necessary.

2.2   In accessing the Service and purchasing the Product you will be required to provide certain customer data (“Customer Data”) in order for us to be able to process your Payment. You acknowledge that provision of Customer Data is required and that if you do not wish to provide this then you should cease to use the Service.

3. PAYMENT

3.1   Product will be provided in return for your payment of the relevant fees (the “Payment”) and the Payment shall be exclusive of any applicable Value Added Tax (which shall be payable by you at the applicable rate from time to time).

3.2   The credit/debit card information that you provide will be automatically and immediately billed at the time of purchase. All currency references are in pounds Sterling (£UK). Unless we give you notice to the contrary, Payment for the Service is billed as a one off payment and is non-refundable. There shall be a handling fee of 20p on all purchases under £3.

3.3   There shall be no right of return of the Product and any and all obligations relating to the licensing of the Product, to you shall continue to apply whether or not you continue to be Customer of the Service.

4. INTELLECTUAL PROPERTY

4.1   You acknowledge that any and all intellectual property rights, including but not limited to any and all copyright, created, developed, subsisting or used by us in our provision of the Service or the Products (including without limitation any copyright in the Product) (“the Intellectual Property”) shall vest in or (as the case may be) remain the exclusive property of us or of any relevant third party licensors.

4.2   In consideration of the Payment, we agree to grant you a personal non-exclusive, non-transferable licence to use the Intellectual Property provided always that (i) such licence is for your sole use and you may not sub-license or assign any of your rights to use the Intellectual Property or allow the Intellectual Property to be used by any third party including without limitation any individual (natural or otherwise) affiliated to you except with our prior written consent; (ii) you shall not use the Intellectual Property for any purpose other than the purpose for which it was commissioned except with our prior written consent; iii) unless expressly stated, no other licence to any Intellectual Property is implied or granted under these Terms.

4.3   You shall keep us fully and effectively indemnified in respect of all losses, liabilities, damages, costs and expenses arising from any failure by you to use the Intellectual Property strictly in terms of the licence granted under this Clause 7. The obligations contained in this Clause 4.3 shall survive termination or performance of the Agreement.

5. CONTENT

5.1   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

5.2   You understand that the technical processing and transmission of the Service, including your Customer Data, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5.3   You agree that you will not:

5.3.1 copy or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Products purchased through this Service;

5.3.2 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies regulations of networks connected to the Service;

5.3.3 use the Service to intentionally, or unintentionally, violate any applicable local national or international law.

6. WARRANTIES

6.1   We shall use our reasonable endeavours to provide the Services and/or supply the Product in accordance with these Terms and to perform or facilitate the Services with reasonable skill and care.

6.2   We do not make and hereby disclaim any express or implied warranty regarding the Services and/or the Intellectual Property (other than those set out in Clause 9.3) insofar as it is competent to do so, including without limitation any warranty of merchantability or fitness for any particular purpose of any of the Product notwithstanding that such purpose may have been known or become known to us.

6.3   We shall not be liable to you in respect of any costs, claims, losses, liabilities, damages and/or expenses (including but not limited to any consequential loss or loss of goodwill) in relation to the Product or its use except insofar as such liability cannot be excluded by law. To avoid any doubt, we do not attempt to restrict or exclude liability for death or personal injury arising out of our own negligence.

6.4   You accept that the Product was not designed or produced to your individual requirements and is provided to you “as is”. We make no warranties, express of implied, including any warranty of non infringement, implied warranties of merchantability or fitness for a particular purpose. Or any implied warranties arising from a course of dealings or course of performance with respect to the software and the performance of our obligations under this agreement.

7. LIABILITY

7.1   No liability will attach to us for any delay or failure in the performance by us of any of our obligations under the Agreement if such delay or failure is due to causes beyond our reasonable control (including without limitation any adverse weather conditions) or to the delay or failure on the part of any third party.

7.2   Subject to the other provisions hereof and except insofar as our liability may not be excluded or limited by law, you acknowledge and agree that our entire liability hereunder shall be limited to the total Payment actually received by us pursuant to this Agreement, which you acknowledge and agree is reasonable in all the circumstances.

7.3   Notwithstanding the generality of Clause 7.2, we expressly exclude liability for any loss or damage (whether for loss of profits or otherwise) arising directly or indirectly from the Service.

7.4   We shall have no liability for any representation, statement, claim or assurance made or given in relation to the Product and/or Services prior to this Agreement being entered into. <

8. termination of and DISRUPTIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Termination of the Agreement shall not affect the rights and remedies accrued by the parties as at the date of such termination or any rights or obligations which due to the nature thereof are intended to survive termination.

9. CONTACT US

9.1   Scotloads is a partnership operated by Scotloads and has a place of business at Burnside House, Balblair, Dingwall, IV7 8LT.

9.2 Should you wish to contact us at any time, you can do so either by e-mail at support@scotloads.co.uk or by post to the following UK address:

Burnside House
Balblair,
Dingwall,
IV7 8LT.

If you do not believe that we are complying with our obligations under these Terms, or wish to report any alleged violations of such, these can be reported to the address above.

10. GENERAL

10.1   Any failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of the Agreement nor prejudice our right to take subsequent action.

10.2   You shall not assign or sub-contract any of your rights or duties under the Agreement without our prior written approval. We shall be entitled to assign or otherwise transfer the benefit and/or burden of the Agreement without restriction.

10.3   This Agreement shall be governed and construed in accordance with the Laws of Scotland and you shall submit to the non-exclusive jurisdiction of the Scottish Courts in all matters relating to the subject matter of this Agreement.

10.4   You shall at all times comply with any applicable laws regarding online conduct and acceptable Content and specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.