1.1 These terms and conditions shall govern the sale and supply of downloadable MP3 files through our website, and the use of those MP3 files.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) "we" means The Coach Approach (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "MP3 files" means those MP3 files that are available for purchase on our website; and
(d) "your MP3 files" means any such MP3 files that you have purchased through our website (including any enhanced or upgraded version of the MP3 files that we may make available to you from time to time).
3. Order process
3.1 The advertising of MP3 files on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase downloadable MP3 files from us, the following steps must be taken: you must add the MP3 files you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing the contents of the cart and amending or deleting items as required.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.1 You must, during the checkout process, pay the prices of the MP3 files you order.
5.2 Payments may be made by methods specified on our website.
6. Licensing of MP3 files
6.1 We will supply your MP3 files to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-transferable licence to make any use of your MP3 files permitted by Section 6.3, providing that you must not in any circumstances make any use of your MP3 files that is prohibited by Section 6.4.
6.3 The "permitted uses" of your MP3 files are:
(a) downloading a copy of each of your MP3 files;
(b) copying, storing and listening to copies of your MP3 files on not more than 3 desktop, laptop or notebook computers;
(c) making, storing and listening to copies of your MP3 files on not more than 3 portable digital MP3 players, mobile telephones, tablet computers or similar mobile devices; and
(d) making, storing and listening to copies of your MP3 files on not more than 3 CD-RWs, DVD-Rs, DVD-RWs, DVD+Rs, DVD+RWs or similar storage media.
6.4 The "prohibited uses" of your MP3 files are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any MP3 file (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any MP3 file (or part thereof), and the creation of any derivative work incorporating any MP3 file (or part thereof);
(c) the use of any MP3 file (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any MP3 file (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial use of any MP3 file (or part thereof)]; and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any MP3 file for the purpose of preventing unauthorised use,
providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your MP3 files.
6.6 All intellectual property rights and other rights in the MP3 files not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any MP3 file.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant MP3 files in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant MP3 files in your possession or control, and permanently destroy any other copies of the relevant MP3 files in your possession or control.
7. Distance contracts: cancellation right
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3 You agree that we may begin the provision of MP3 files before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of MP3 files before the end of that period, you will lose the right to cancel referred to in Section 7.2.
7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.
7.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that your MP3 files will be supplied to you with reasonable care and skill.
8.2 We warrant to you that:
(a) your MP3 files will be of satisfactory quality;
(b) your MP3 files will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your MP3 files will match any description of it given by us to you; and
(d) we have the right to supply your MP3 files to you.
8.3 All of our warranties and representations relating to MP3 files are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 9.1, these terms and conditions[, together with [our download licence agreement],] shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and conditions are available in the English language only.
18. Our details
18.1 This website is owned and operated by The Coach Approach.
18.2 Our registered office is at 2 Challenger Quay, Falmouth, TR11 3YL
18.3 Our principal place of business is at Inspiring Health, 17 Fish Strand Hill, Falmouth, TR11 8BD
18.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website;
(d) by email, using the email address published on our website.
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