Terms and Conditions

These terms & conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information. We recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website. 


Information about Our Song Ltd
Ownership of Rights
Website Usage
Digital Download Usage Rules
Age Restrictions
Use of this Website from outside of UK
Accuracy of Content
Damage to your Computer
Privacy Policy
Cookies
Password/Account Security
Product Availability
Voucher Codes
Acceptance of your Order
Forum Posts, Personal Messages, Images and Captions
Previews
Equipment
Posted Material
Monitoring and Termination
Guarantees
Refund Policy – USB Products
Refund Policy – e-Songs
Refund Policy – Digital Downloads
Links to Other Websites
Exclusions of Liability
Legal Notices
Changes to Legal Notices
Law, Jurisdiction and Language

 
 
This site is owned and operated by Our Song Ltd. Our Song Ltd is a company registered in England and Wales, company number 6289108, whose registered office is Drake House, Gadbrook Park, Northwich, Cheshire CW9 7RA.

VAT Registration Number: 942 5163 29
 
If you want to ask us anything about these terms and conditions or if you have any comments or complaints on or about our website, please contact us.
 
Our Song Ltd. may also be referred to in these Terms & Conditions as “Our Song”, “we”, “us” or “our”.
 
All rights, including copyright, in this website are owned by or licensed to Our Song Ltd. You may not modify anything on this website for any purpose. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Our Song Ltd.
 
You are provided with access to this Website in accordance with these Terms & Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
 
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
 
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. You must not use the website or our services for any purpose that is unlawful or prohibited by these terms and conditions.
 
You may not create a link to this website from another website or document without prior written consent from “Our Song”.
 
You warrant that:  

  • The Personal Information which you are required to provide when you register as a Customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Information by updating your details on the “My Account” page.  
     
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
 
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
 
We reserve the right to:

  • modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 
  • change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. 
Use of Content
 
By using our digital download services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You agree to use the download service at your own discretion and Our Song will not be liable to you for content that may be found to be offensive, indecent, or objectionable. Our Song does not guarantee the accuracy of any descriptions provided on our website.
 
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Digital Download Service you may be exposed to Content that is offensive and/or indecent. Our Song will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
 
In respect of content:
 
  • You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
  • You are authorised to use the Content on up to five authorised devices at any time. Our Song reserves the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of its licensors.
  • You may not use Content as a musical “ringer” in connection with mobile phone calls.
  • You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
  • The delivery of Content does not transfer to you any commercial or promotional use rights in the Products.
  • Content in the MP3 format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
  • You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. 
     
The Usage Rules shall govern your rights with respect to the Content. Our Song reserves the right to modify the Usage Rules at any time.
 
Digital Rights Management
 
You understand that some of the Content includes a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by Our Song and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent or reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
 
You must be at least 18 years of age to register an account and purchase goods from us. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
 
Children under the age of 13 may not register an account with us and parents or legal guardians may not register on their behalf.
 
If you are a parent or guardian allowing your child access to the download service, it is your responsibility to determine whether this is appropriate for your child. You should always use caution when revealing personally identifiable information about yourself or your children. You are fully responsible for your children’s use of the website and download service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the service.
 
Parents who wish to allow their children access to and use of the website should supervise such access and use. It is your responsibility to determine which if any portions of the website are suitable for your child to access.
 
Unless otherwise specified, the materials on this website are displayed solely for the purposes of promoting Our Song products and services in the UK. Customers outside of the UK are unable to purchase products from us. If you are outside of the UK you must not attempt to purchase products from us.
 
Our Song have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. Packaging may vary from that shown. Any weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product or service on receipt. To the extent permitted by applicable law, Our Song disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Our Song shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
 
Our Song makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and block anything that may damage it. Our Song shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
 
We treat all your Personal Information as confidential and we will not disclose it to any other third party unless required to do so by law. We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.
 
When you make purchases from the Our Song website, we may collect the following personal data about you:
 
  • your name and email address
  • your billing and delivery postal address
  • where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), the country in where you are located and your browser type
  • your payment card details
  • your product selections
  • the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
 
We use your information only for the following purposes:

  • Processing your orders 
  • For statistical or survey purposes to improve this Website and its services to you 
  • To serve website content and advertisements to you
  • To administer this website
  • If you consent, to notify you of products or special offers that may be of interest to you. 
     
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
 
When you create an account with us you will be given the option to receive information from Our Song by post or e-mail, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line on the contact us page.
 
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
 
Please check back frequently to see any updates or changes to our privacy policy. If you have any questions regarding this Policy please contact us.
 
We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website.  
 
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
 
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
 
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
 
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
 
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Our Song shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. We recommend that you change your password from time to time for additional security.
 
You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Websites using your username and password is either you or someone doing so with your permission.
 
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available by emailing you.
 
 
Occassionally, we may provide voucher codes offering products at discounted prices. Unless otherwise stated, voucher codes are offered on a basis of one voucher per customer. In these circumstances you must not use the voucher code more than once, unless you have our written consent that you may do so. Failure to comply with this may result in your registration details being removed and your use of our website barred.

We will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon despatch of the product(s) ordered.

The Forum, Personal Message, Image and Caption Service is for your own personal and non-commercial use. You agree that any uploaded to our website and sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, pornographic, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. You must own the rights to all images you upload. You also agree that you will not impersonate any person, including but not limited to any of our employees or customers. You are entirely responsible for any material which you send on the message systems and Our Song accepts no liability for any such content. We reserve the right to monitor content from time to time. We have the right to refuse to send messages and terminate access to your account at any time and without liability to you.
 
A “Preview” is a portion of a song, video or player, or in some cases, an entire song, video or player that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
 
Without limiting any provision herein, Our Song makes no warranty that any particular computer, portable device, or other hardware will be compatible with the Our Song Website Products and/or Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.
 
Our Song does not claim ownership of any materials you post, upload or submit to our Forums. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Forums. The license shall be terminated when such Content is deleted from the Forums.
 
We have no obligation to monitor the Forums but shall be entitled to review materials posted to this facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
 
The views expressed in user generated content are the opinions of those users and are not necessarily those of Our Song Ltd., it’s directors or employees.
 
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

Our USB products are guaranteed for two years. Please retain your invoice which we sent to you via email. This is proof of purchase and will validate the date from which your guarantee will start. It is essential to keep your invoice to preserve the guarantee. Please also retain the original packaging in case you need to return the product.

In the unlikely event of a USB fault, please contact us. If the product fails within 90 days of purchase we will offer a refund or exchange for a new product. After 90 days and for the remainder of your guarantee period, we may, at our sole discretion, either replace or arrange for the product to be repaired. 
 
As you are totally responsible for the content on the USB device, we are unable to offer a guarantee on any content you have downloaded to the USB and we not are responsible for re-installing any messages, images or captions on your behalf.
 
As you are totally responsible for the content of the e-Song, we are unable to offer a guarantee on any content you have downloaded to the e-Song and we not are responsible for re-installing any messages, images or captions on your behalf. We allow you to download your e-Song up to five times from your Account.
 
Customers purchasing Digital Downloads are able to download their original purchase from their ‘Locker’ should they encounter a fault with their original purchase. Customers should note there are restrictions on the number of times tracks can be downloaded.
 
This guarantee is only valid within the United Kingdom. This guarantee excludes faults caused by accident, neglect, misuse, not following the instructions, not removing the USB without safely removing it from the PC/MAC and normal wear and tear. This does not affect your statutory rights.
 
Customers have the right to cancel an order within seven working days of receipt of the product.
 
The seven-day period allowed for cancellations is not intended to allow customers to 'trial' the product and all products returned to Our Song must be unused and in new condition in order for us to accept the return. Please contact us to authorise a return and receive a return reference number before returning products to us.
 
Our Song will provide a pre-paid envelope for returning goods.
 
Customers cancelling their orders will have their payment refunded in full on receipt of the returned product by Our Song. 
 
All returned products remain the responsibility of the customer until they are received by Our Song. We would recommend that returns are sent via an insured delivery service as we cannot be held responsible for items damaged or lost in the post.
 
Your rights to return the products to us will not apply in the following circumstances:
 
  • Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
  • If, as in the case of ‘originals’, we have created, personalised or customised products specifically for you. 
  • If, in the case of ‘originals’ you have made a spelling mistake on your order and it has been sent for production.
 
All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of e-Song downloads after you have confirmed payment. The e-Song is available to be downloaded within a 30 day period from the confirmation of sale, in the event the e-Song is not redeemed within this timeframe, the ability to download will no longer be available.
 
Only in exceptional circumstances will Our Song provide the ability to download another e-Song due to redemption failure, should these circumstances arise, please contact us.
 
All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds may be given at the discretion of the Our Song Team.
 
None of the above Refund Policy conditions affect your statutory rights when products or services are faulty, or not as described. For your legal rights of cancellation visit Consumer Protection Distance Selling Regulations.
 
If you have any question regarding this, or any of our other, policies, please contact us.

On occasions we may place links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Our Song cannot accept any liability in respect of the use of these websites.

Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Our Song or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these Terms & Conditions govern your use of this website.

We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible.

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.