Below you will find the Terms and Conditions for our Online Shop followed by the Terms and Conditions for our Website.
FISCHY MUSIC ONLINE SHOP: TERMS AND CONDITIONS
Thank you for purchasing Fischy Music products. Please understand that we have to place restrictions on what you are allowed to do with them. Because we are a charity, we do not make a profit, and we spend our money on helping as many children as we can. That means we have to look after our financial resources very responsibly. Although we would like to, we cannot afford to allow free copying of our materials, or free use by non-subscribers. We need the income to allow us to keep singing and producing new resources! For that reason, your products come with the following compulsory restrictions:-
This is a binding contract between you and Fischy Limited (or “Fischy” for short). Where these terms refer to “you”, they refer also to any employee or person working for you, or anybody authorised by you”.
If you are subscribing on behalf of any other person or body, you confirm that you have authority to bind that person or body on whose behalf you are acting.
You can use our online shop to buy (i) a yearly subscription to Songs for Life (which gives you access to online resources) and (ii) hard-copy resources such as CDs (which include audio tracks) and CDROMs/ Songbooks (which include lyrics, sheet music, teaching notes and videos). These resources are discussed in more detail at clause 3 below.
To place an order, follow the instructions on our website. Please take time to ensure there are no errors before placing your order. After you have placed an order, the contract between us will be formed when (for online resources) you gain access to the online resources or (for hard-copy resources) we process your order. Every order will be subject to the terms and conditions then in force.
If we are unable to supply you with your product for any reason, we will inform you by email and will not process your order. If you have already paid, we will refund you the full amount as soon as possible.
(For hard-copy resources only) you have a right to cancel the order if you change your mind, but you must return the resources within 30 days. However, you can’t cancel if you have received the product and have opened or unsealed it, unless the product is defective. If this clause applies, please email us as soon as you can at the address shown on our website (www.fischy.com). We will refund your money as soon as possible, provided the product is returned in good condition (if you have received it).
(For online resources only) you have a right to cancel the order if you change your mind, but you must tell us within 30 days, by emailing us at the address shown on our website (www.fischy.com). If this clause applies, you must not make any hard copies, must destroy any hard copies made, and you must not retain, and may not use, any online resources. We will refund your money as soon as possible.
The “Fischy products” referred to in these terms include any licence, any physical products and any support or other services, or any of them, referred to below, together with any intellectual property or other ancillary rights. The Fischy products include the following:-
(a) Licence to use songs, videos and backing tracks
In return for payment of a subscription, you are granted a limited, non-exclusive, revocable licence to make non-commercial use of the Fischy products for the purpose of the education, entertainment or spiritual development of children (this licence being known as “Songs for Life”). Songs for Life is subject to these terms and conditions and will last for one year, subject to renewal and payment by you.
Songs for Life is licensed, not sold, to you, and Fischy Music retains ownership of all Songs for Life content including videos, music and all associated documents even after you have ceased to subscribe to Songs for Life on your computer or other devices. Similarly, the Fischy website and the content provided via that website are also the property of Fischy Music. The restrictions on use are more fully set out in clause 4 below.
Songs for Life is personal to you, and you may not share it, sell it or otherwise allow or facilitate access to Songs for Life to anybody else. You may not assign Songs for Life, or your subscription, or any rights arising under them, nor may you transfer or sub-license your rights to Songs for Life, to any third party. You may not assign, sub-licence, transfer or otherwise share your rights to any hard-copies or downloads of materials obtained under Songs for Life.
Following the expiry or earlier termination of your subscription, your entitlement to use the Fischy songs, videos, tracks and other materials provided to you under Songs for Life, or otherwise in your control, will immediately cease.
(b) Physical goods
Where hard copy resources, such as DVDs, CDs and written materials (teaching plans, lyrics and the like) are supplied as part of Songs for Life, they may be retained and used by you during and following the expiry of the subscription, subject always to the restrictions set out in these conditions and the Fischy website terms and conditions.
Where hard-copy resources are supplied by Fischy under a contract of sale, the content remains subject to all Fischy’s intellectual property rights, as more fully set out in these conditions and the Fischy website terms and conditions.
(c) Support and assistance
During your subscription to Songs for Life we will endeavour to provide email and telephone support within normal working hours, and will use our reasonable efforts to assist you with any problems which may arise from time to time. This service is subject to availability of staff and resources from time to time, and will cease upon termination of the subscription. This service is subject to limitations set out in these conditions.
You agree not to use the Fischy products in any manner not expressly permitted by these conditions. In particular, you agree to the following:-
(a) No sharing content with non-subscribers
The Fischy products, whether supplied under Songs for Life or under contract of sale, are not for resale or passing on to any third party who has not entered into their own contract with Fischy Music and paid for the Fischy products. You agree not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify, or share in any way, the Fischy products.
(b) No sharing of passwords
Your password protects your access to the Fischy products. You must keep this password confidential and secure. You are not allowed to share passwords. Your password is solely for use by you, and you must not allow or facilitate its use by anybody else. You understand that you are responsible for all use of your username and password on your subscription. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us immediately and change your password as soon as possible. If your password is being abused by others, we are entitled to terminate your contract immediately.
(c) No downloads of songs, videos or other media
You must respect Fischy’s property rights, which means, amongst other things, you must not copy, reproduce, “rip”, record, or make available to the public any part of the Fischy products, or otherwise make any use of Fischy products which is not expressly permitted under these terms. You must not screen grab video, or capture audio, from Fischy products, or otherwise make any capture or copy, make any derivative work, or create any alternative source of Fischy products. You acknowledge that you have no right to have access to Fischy software in source code form or in unlocked coding. You must not in any way attempt to circumvent any technical protection for the Fischy products. You must not do any of these things directly or indirectly, or by arrangement with others, or facilitate the doing of these things by others.
(d) No use for profit-making
Fischy products are for the exclusive and sole use of the purchaser only. They are supplied solely for use in teaching, social activities, domestic and private use and any other not-for-profit activities. They are not for business or commercial use. They are not for public performance or for broadcast to or access by non-subscribers, except with our written consent. They are not to be used for profit, business, for onward sale, or for any commercial activity. We accept no liability for the use of the products in such a manner, and may terminate this contract forthwith if the Fischy products are used in this way.
(e) No breach of Fischy copyright
All Fischy trademarks, service marks, trade names, logos, domain names, and any other features of the Fischy products or website are the sole property of Fischy. You must not use these, otherwise than in accordance with this contract. You have no rights to the Fischy products other than the right to use them in accordance with the terms of this contract.
As a consumer, you have legal rights in relation to goods and services which are faulty or not as described. Nothing in these terms will affect your legal rights. Otherwise, because we are a charity, we are very limited in our ability to pay for insurance policies and other outlays, and therefore we must limit our exposure to liability to you.
Therefore, unless expressly stated in our contract with you, we do not give any guarantee or warranty in relation to the products supplied, and any implied term, representation or condition is excluded, except to the extent that the same cannot be excluded by law. We are not responsible for ensuring that the products are suitable for the use you intend.
In any event, save for liability for death, personal injury or any liability imposed by law, we are not liable to you or anybody else, in any circumstances, for any type of loss or damage. Without limiting that generality, we are not liable for any claim in delict (including negligence), contract, breach of statutory duty, or otherwise, and we are not liable for loss of profits, sales, revenue, business opportunity, goodwill, reputation, teaching or other resources or anticipated savings. We are not liable for loss or corruption of software, information or data. We are not liable for any indirect or consequential loss. We are not liable for loss caused by events beyond our reasonable control. Our total liability to you will not exceed the value of the subscription price under this contract. This contract is between you and us, and no third party may enforce the terms of our contract.
We will do our reasonable best to supply the Fischy products when required, and to support your use of them, but we cannot be liable for any loss or damage incurred as a result of failure of this service.
We will do our reasonable best to respond to calls, emails and (when we have the facility) live chat in order to provide the services, but we cannot guarantee to do so. We are limited by our resources. In the event that we do not manage, you are not entitled to recover any loss, outlays, damages, third party expenses or otherwise to make any financial claim against Fischy or any representative of Fischy. We have no obligation to support, upgrade or update our service, however, in the interests of our commitment to improving service to customers, we will take all reasonable steps to do so, time and resources permitting.
From time to time the packaging of the products may vary from that shown on the website. All products shown on our website are subject to availability.
This subscription will terminate on the agreed date between us, although we may terminate this contract immediately by written notice to you if you commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
Forthwith following termination, you must cease any use of the Fischy products, although you may continue to use any physical Fischy products which we have supplied to you in hard copy under this contract, such as hard copy documents directly provided by us, or hard copy media such as CDs or DVDs directly provided by us. Otherwise, immediately upon termination you will no longer have any right to use Fischy products or any of Fischy’s intellectual property. You will no longer have any right to support or other services previously provided under this contract.
FISCHY MUSIC WEBSITE TERMS