WHO ARE WE
The Jimchapin.com web site is owned and operated by Paul Hose
Enterprises Limited & Wizdom Enterprises Inc ("Jimchapin.com",
"we", "our" and "us"), whose office is at
3 Colwick Quays Business Park, Nottingham, NG4 2JY, United Kingdom.
The following terms and conditions explain what you can expect
from us and what we will expect from you when browsing and
buying from Jimchapin.com. We explain what you can and cannot do
when using the Jimchapin.com site and what our obligations and
liabilities are to you. Please take some time to read the
following terms as they are a legally binding contract between
you and us.
If you have any questions about these terms or Jimchapin.com
please contact:
Jimchapin.com
Paul Hose Enterprises Limited
3 Colwick Quays Business Park
Nottingham
NG4 2JY United Kingdom
E-mail address:
info@jimchapin.com
By using Jimchapin.com you agree to be bound by these terms. If
you do not agree with the terms please exit here
[exit route].
WHAT OTHER TERMS AND CONDITIONS WILL APPLY TO YOUR USE OF
JIMCHAPIN.COM ?
You will be able to access material on Jimchapin.com free of
charge without going through a registration process. However if
you wish to order and buy anything we will require you to
register in order to receive goods from us.
From time to time we may run competitions or promotions or offer
you products and services. If you wish to enter the competition
or take part in any promotion we make available on Jimchapin.com
then special terms and conditions will apply.
WHAT LAW APPLIES?
We make no representation that the content and materials
available on Jimchapin.com are appropriate or available for use
in other locations and other countries. Those who choose to
access Jimchapin.com from other locations do so at their own
risk and users are responsible for compliance with local laws,
if and to the extent local laws are applicable.
If you are not happy with any goods which you order through the
Jimchapin.com website please see our Returns Policy which
explains what rights you have to obtain a refund.
Your use of the Jimchapin.com website, any downloaded material
from it and the operation of these terms shall be governed by,
construed and interpreted in accordance with the laws of England
and Wales and you agree to submit to the non-exclusive
jurisdiction of the English Courts. We reserve the right to
bring proceedings in the Courts of the country of your
residence.
OUR OBLIGATIONS TO YOU
We try to make sure the content and information on Jimchapin.com
is as accurate as possible. However we cannot guarantee that
Jimchapin.com and/or any content or materials provided on our
website is accurate or complete and we expressly disclaim all
warranties and conditions, including implied warranties and
conditions of satisfactory quality and fitness for a particular
purpose.
We reserve the right to not ship, honor or complete orders where
we decide they are incorrect for example where the price of a
book has been incorrectly stated on the website. In such cases
we will contact you before taking payment.
We will provide you with up to date information on the
functionality of Jimchapin.com and advice and assistance on any
upgrades or changes to its functionality.
We will use our reasonable endeavours to comply with any law
applicable.
We reserve the right to monitor the use of the site in
accordance with any applicable laws in order to (i) maintain the
website, and (ii) to protect the rights of other users of the
website.
RETURNS POLICY
We are happy to accept returns if you are unhappy with your
purchase, if you have received a faulty or damaged item or if we
have made an error.
If you are unhappy with your purchase you can return the item in
its original condition, within 14 days of receipt, unopened
(with any seals or shrink-wrap intact) and we will issue a full
refund for the price you paid for that item.
If the item is faulty or damaged upon receipt, you can return
the item, within 14 days of receipt and we will issue a
replacement item immediately subject to the item being in stock.
If we have made an error with your order, please return the item
within 14 days of receipt and we will issue a full refund for the
price you paid for that item.
Please wrap and package the item/s you wish to return securely
and send to the address below, enclosing the reason for return,
a copy of the delivery note that was supplied or if this has
been destroyed, a copy of the confirmation e-mail you were sent.
We suggest that you use registered post or recorded delivery to
return the items to us.
Please send any returns to the following address:
Website Returns
Paul Hose Enterprises Limited
3 Colwick Quays Business Park
Nottingham NG4 2JY
United Kingdom
We will notify you via e-mail when we have processed your
refund.
If you have any queries please do not hesitate to Contact Us.
Terms subject to physical purchases only and do not include any
download purchases. For the avoidance of doubt, no refunds are
given by us for downloadable products.
DELIVERY
We believe that we have aligned ourselves with excellent
delivery partners, yet there may be times when, despite their
best efforts, the order may be delayed in the delivery process.
At all times, we will endeavor to work with our delivery
partners to ensure timely delivery of your order.
YOUR OBLIGATIONS TO US
You agree that you will only use Jimchapin.com and the other
Jimchapin.com sites accessed through Jimchapin.com in accordance
with these terms and any additional terms and conditions which
shall apply to you.
You agree not do anything or cause or permit anything to be done
that may infringe, damage or endanger any intellectual property
rights of Jimchapin.com or any of our associated companies or
any third party or do anything that is otherwise unlawful.
You confirm that all registration details provided by you are
complete and accurate and that you have sole control over your
e-mail account.
If you choose to purchase any goods from us you agree to be
responsible for all charges resulting from such purchase and you
are responsible for all charges related to your access to and
any transactions which you may enter into on our website.
You agree:
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to abide by all applicable laws, regulations and codes of
conduct and to be solely responsible for all things arising from
your use of Jimchapin.com or the other Jimchapin.com sites;
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not to infringe any third party rights through your use of
Jimchapin.com or other Jimchapin.com sites, or your activities
conducted from Jimchapin.com or other Jimchapin.com sites,
including without limitation, the intellectual property rights
of others;
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not to damage, interfere with or disrupt access to Jimchapin.com
or the other Jimchapin.com sites or do anything that may
interrupt or impair their functionality or the "look and feel"
of the material available;
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to be entirely responsible for and maintain the confidentiality
of your password (if we give you one) and notify us immediately
of any unauthorised use of your password or other security
breach which you become aware of;
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not to publish, post, disseminate, distribute or otherwise
transmit any defamatory, offensive, infringing, obscene,
indecent or otherwise unlawful or objectionable material or
information through Jimchapin.com or the other Jimchapin.com
sites nor use Jimchapin.com or the other Jimchapin.com sites for
any chain letters, junk mail, 'spamming' material or any other
form of bulk communication or otherwise cause any liability for
us or any other Jimchapin.com company;
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not to threaten, harass, stalk, abuse, disrupt or otherwise
violate the rights of others, including rights of publicity and
privacy;
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make any unauthorised, false or fraudulent booking or request
for services or make order;
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that you shall only access the site as permitted by us and shall
not attempt at any time to circumvent our system security or
access any underlying software code;
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use any software, routine or device to interfere or attempt to
interfere electronically or manually with the operation or
functionality of Jimchapin.com or the other Jimchapin.com sites
including but not limited to uploading or making available files
containing corrupt data or viruses via whatever means;
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obtain or attempt to obtain unauthorised access, via whatever
means, to any of Jimchapin.com or the other Jimchapin.com sites
or computer networks
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Any communication or material transmitted by you to
Jimchapin.com by mail or otherwise will be treated as
non-confidential and non-proprietary. Anything you transmit or
post may be used by us or other Jimchapin.com companies for any
purpose and you agree to waive any moral rights which you may
have. You also permit any other user of the website to access,
display, view, store and reproduce such material for personal
use.
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If for any reason we are held responsible for loss or damage or
other costs incurred by a third party as a result of any use or
conduct by you on the Jimchapin.com website or any breach of
these terms by you, you shall be responsible to us and will
reimburse our costs, damages and expenses that are suffered or
incurred by the third party and/or Jimchapin.com and its parent
companies, subsidiaries, affiliates and their respective
officers, directors, employees, owners and licensors.
WHAT HAPPENS IF YOU BREACH THESE TERMS AND CONDITIONS?
In the event that we consider or determine, in our absolute
discretion, that you have breached, violated or contravened
these terms or have otherwise demonstrated inappropriate conduct
in the use of the Jimchapin.com website or the other
Jimchapin.com sites, we reserve the absolute right to:
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warn you via e-mail that you have violated these terms and ask
you to discontinue such conduct;
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delete any material or content which you post to the open areas
of Jimchapin.com ;
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discontinue your membership of Jimchapin.com and/or any other
related subscriptions to additional services or the services
offered by Jimchapin.com or the other Jimchapin.com sites; and
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take measures (including terminating, suspending or restricting
your use of Jimchapin.com ) to prevent you from using
Jimchapin.com or the other Jimchapin.com sites or linking to
Jimchapin.com.
OUR
LIABILITY TO YOU
In the unlikely event that if, as a result of our negligence, we
do anything which causes death or personal injury then we cannot
exclude our liability to you.
Everything on the Jimchapin.com website and the other related
Jimchapin.com sites is provided to you "as is" and "as
available" without warranty of any kind, either express or
implied, including, but not limited to, the implied warranties
of satisfactory quality, fitness for a particular purpose or
non-infringement. Please note that some jurisdictions may not
allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. You should check your local
laws for any restrictions of limitations regarding the exclusion
of implied warranties.
You accept that your use of and browsing of the Jimchapin.com
site is at your own risk. Jimchapin.com is not responsible for
and shall not be liable for any damage to or viruses that may
infect your computer equipment or other property on account of
your access to, use of, or browsing or your downloading of any
materials, data, text, images, video or audio from the
Jimchapin.com website.
We cannot be held responsible for any loss, claim, damage, or
any indirect, incidental or consequential damages of any kind
(including but not limited to lost profits or lost savings or
the cost of buying substitute goods or services or the loss or
corruption of data) whether based in contract, tort, strict
liability, or otherwise, which arises out of or is in any way
connected with:
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your access to, or use of, or inability to access or use the
Jimchapin.com website or any other related Jimchapin.com
websites or any linked site or content found on those sites
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any failure or delay relating to the use of or inability to use
the Jimchapin.com website
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the goods or services purchased through the website or
transactions entered into through the site
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any unauthorized access to or alteration of your transmissions
or data
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the performance or non-performance of any services by
Jimchapin.com or any of the other Jimchapin.com companies
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any information, software, products, services and related
graphics obtained through Jimchapin.com or the other
Jimchapin.com sites
While we use reasonable efforts to include accurate and up to
date information on the site, we make no warranties or
representations as to its accuracy or completeness. We are not
responsible for any errors or omissions or for the results
obtained from the use of such information. The information is
provided with the understanding that the information does not
constitute any form of advice, recommendation or arrangement by
Jimchapin.com or any other party involved in the site and is not
intended to be relied upon by users in making (or refraining
from making) any decisions based on such information. You must
make your own decisions on whether or not to rely on any
information posted on the Jimchapin.com website.
While we take all reasonable steps to ensure a fast and reliable
service we will not be held responsible for the security of the
site or for any disruption of Jimchapin.com however caused, loss
of or corruption of any material in transit, or loss of or
corruption of material or data when downloaded onto any computer
system. You will remain responsible and liable for material you
upload on to or access from Jimchapin.com.
Your statutory rights remain unaffected.
LINKS TO OTHER SITES
We may provide links to other web sites, resources,
advertisements or sponsorships either directly or through our
contractual partners. Jimchapin.com accepts no responsibility
for these links and we do not endorse the contents of these
sites. If you decide to access other websites, you do so at your
own risk. Any dealings you have with third parties via
Jimchapin.com or the other Jimchapin.com sites are your
responsibility. Should a dispute arise between your and any
third party due to your use of Jimchapin.com or the other
Jimchapin.com sites we will do our best to assist its resolution
but will not be responsible for any loss or damage suffered as a
result.
You agree that we shall not be responsible or liable in any way
for the content, advertising or products or services available
from such sites, the quality, functionality, suitability or
legality of such sites or for any dealings that you may have, or
the consequences of such dealings, with such third party site
operators.
You may only link to the Jimchapin.com website with our express
written permission. We expressly reserve the right to withdraw
our consent at any time to a link which we think is
inappropriate.
INTELLECTUAL PROPERTY RIGHTS
Any and all copyright, trade mark rights, database rights,
patent rights and any other intellectual property rights in the
content, software, data and information including the
organisation and layout of the Jimchapin.com website and the
underlying software code published on or relating to the site is
owned by us or our suppliers. None of the content, software,
data or information found on the Jimchapin.com website may be
reproduced, republished, distributed, posted, sold, transferred,
linked to or modified without the express written permission of
Jimchapin.com. In addition, the trade marks, logos and service
marks displayed on Jimchapin.com ("the Jimchapin.com Marks") are
registered in the UK and the majority of countries throughout
the world by Jimchapin.com Enterprises Limited and may not be
used without Jimchapin.com Enterprises Limited's written
permission.
You agree that the content, software, data and information
contained in or otherwise made available through our site or the
other Jimchapin.com sites and any information provided by
Jimchapin.com is for your personal use only and may not be used
for commercial purposes or distributed commercially without the
permission of Jimchapin.com. You may not copy, modify, alter,
publish, broadcast, distribute, sell or transfer any material on
Jimchapin.com or the underlying software code whether in whole
or in part.
All intellectual property rights, including without limitation
copyright, in content provided to you by us on the site, is
owned by us (or is expressly licensed to us). You may only make
a copy of this content for your personal non-commercial use
provided that you retain all copyright and other proprietary
notices contained in the materials and you agree not to modify,
reproduce, republish, upload, post, distribute or otherwise
transmit or use the content provided by us in any way without
our prior written consent.
VAT
VAT stands for Value Added Tax, which is a tax charged on most
goods and services within the European Union. In the UK, VAT is
not charged on. However, for a small number of our products
which contain both a book and other materials, the rate is
17.5%. Our prices include UK VAT where applicable.
CHANGES TO THESE RULES
We may make improvements or changes to the information,
services, products and other materials on the Jimchapin.com
website or the other Jimchapin.com sites at any time without
notice. We may also modify these terms and conditions at any
time, and such modification shall be effective immediately upon
posting on Jimchapin.com. Where possible we will notify you by
email of any changes which we may make, otherwise continuing to
use the website following such changes constitutes your
acceptance of these changes and you should therefore
periodically visit this page to review the current version.
PRIVACY
We have a separate policy dealing with your privacy rights.
Please click here to find out what information we collect, how
we use it and when we may pass your personal information to
third parties.
SECURITY STATEMENT
For further information on how we keep your personal information
and credit card details secure please see our Security Statement
by clicking here.
GENERAL
These terms and conditions contain all the terms of your
agreement with us relating to your use of Jimchapin.com. No
other written or oral statement (including statements in any
brochure or promotional literature published by us) will be
incorporated.
In the event that any of these terms is determined to be
unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and
such determination shall not affect the validity and
enforceability of any other remaining terms.
DOWNLOAD TERMS AND LICENSE
TERMS OF USE
These are the terms (the "Terms") on which you will be allowed
to access the services operated on this web site.
WHAT WE OFFER:
When you buy “a product”, we shall make available to you, on a
one off basis, the specified username and password.
The
tracks can be accessed in a number of different ways. You can
select to:
(i) stream a track or (ii) download a track with a permanent
license
The rights associated with each track are clearly shown by
clicking the 'Rights' button on the Product Details page of the
piece of music in question. These rights will govern your
ability to burn the tracks to CD, export them to portable
players etc.
WHAT YOU MUST DO:
Register with us.
To do this you will need to select a user name and password.
Once you have done this you must keep these safe as you alone
are liable for any misuse of them. Do not allow others to use
your account nor disclose your password to anyone else. You also
must provide us with accurate information when you register.
Make sure your PC is capable of receiving and playing downloads.
WHAT YOU MUST NOT DO:
Share your password with anyone. Third party access to our
member’s area is an infringement of this agreement and may
result in a violation of copyright law.
Do not make illegal copies of the Works listed within the
member’s area.
This license is enables you to download “Jim Chapin products”
for your own private and personal enjoyment. It must not be
broadcast, let, hired or sub-licensed in any way.
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