Terms and Conditions
Terms & Conditions
The following shall constitute a binding agreement between you and Toolbox Digital Shop Limited (trading as Toolbox Digital Shop) for your use of the services provided on Toolboxdigitalshop.com (the Site). This agreement together with any amendments, additional terms and rules and policies constitute the agreement between you and Toolbox Digital Shop (the Agreement). By clicking on Agree at the end of this agreement you accept to be bound by the terms contained in the Agreement.
1. The Service.
Toolbox Digital Shop provides digital recordings of music, artwork, audio visual material, software and other associated products that you may download in accordance with the terms set out in the Agreement. The Site allows you to listen to audio clips and obtain downloads of sound recordings (Tracks) and other related materials (Materials). These terms and conditions may be amended at any time by Toolbox Digital Shop. Any amendments will be posted on the Toolboxdigitalshop.com website. You should always review the Terms & Conditions regularly to ensure you are aware of any such changes. Your continued use of this site will constitute acceptance of the Agreement including any modifications and amendments which have been posted online.
2. Limitations of Usage & Copyright.
This service is for personal use only. You may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any content contained on the Site except for your own personal, non commercial use. All of Toolbox Digital Shop's Materials contained on the Site including (but not limited to) graphics, text, logos, editorial content, audio clips, the layout and selection of interfaces, software, source codes, artwork are the property of Toolbox Digital Shop or its content and technology providers and is protected by law.
3. Age Requirement
You must be at least 13 years of age or older to use this service. If you are under the age of 18 you are unable to enter into this Agreement and you should get your parent or Guardian to review the Agreement and they should enter into this Agreement on your behalf.
4. System Requirements for Usage
Use of the service requires a compatible computer, internet access and certain software. Any fees payable for any such internet access or software shall be your responsibility. If you need information on the specifications of any equipment, internet access or software required to use the services provided by Toolbox Digital Shop please email your request to ben@toolboxdigitalshop.com
5. Registration and Security
To use the services provided by Toolbox Digital Shop you must be a registered user of Toolboxdigitalshop.com To register you must provide certain information including a user name, password and valid email address. Toolbox Digital Shop will use this information in accordance with its privacy policy set out at clause 10 below. As a registered user of the Service you will set up an account through which you may make purchases and use the other services provided by the Site (Your Account). You shall not reveal the personal information of Your Account to any third party and will take all reasonable steps to ensure the security of your password, membership number and name and other relevant information. Toolbox Digital Shop will not be held responsible for any losses incurred due to unauthorised use of Your Account by any third party.
6. Charges and Billing
All billing is undertaken on behalf of Toolbox Digital Shop by WorldPay and references to Toolbox Digital Shop in the context of charges and billing will also be deemed to refer to WorldPay where relevant. You agree to pay for all the Tracks and Materials that you purchase through Toolbox Digital Shop and you agree that Toolbox Digital Shop may charge your designated credit card for such payment. You agree that any purchase requests you make will constitute your intent and agreement to be bound by the Agreement and to pay for such purchase. The prices quoted on the Site are subject to change from time to time and are inclusive of all United Kingdom applicable taxes, including sales taxes.
7. Termination
Toolbox Digital Shop may in its absolute discretion and without notice to you terminate this agreement or suspend Your Account if at any time Toolbox Digital Shop (in its reasonable opinion) believes that you have breached the provisions of the Agreement and you will remain liable for any payments owing on Your Account up until and including the date of termination of the Agreement.
8. Chart Manipulation
We monitor all sales on the store and if we see evidence of chart manipulation we reserve the right to delete multiple orders placed, block users from the site and delete products to rectify the issue. No refunds will be given for any orders placed that are clearly manipulating the chart positions of any release. Do not buy multiple copies of your own releases, we will see this.
9. Indemnity and Waiver
By using this service you agree to indemnify and hold harmless Toolbox Digital Shop and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of actions and judgements (including legal fees on an indemnity basis and court costs) which arise out of your breach of the Agreement or use of the Service.
You shall not sue or seek to recover any damages or other payment from Toolbox Digital Shop and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
10. Disclaimer
By agreeing to the terms of the Agreement you accept that your use of the Site and the services contained therein is at your own risk. The Site, Tracks and Materials are provided as is and as available and without warranties of any kind either express or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law.
Toolbox Digital Shop shall use its reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to Toolbox Digital Shop for any loss or liability to you relating to such information.
Whilst Toolbox Digital Shop will make all reasonable efforts to ensure an interrupted service Toolbox Digital Shop does not make any guarantee represent or warrant that your use of the Site will be uninterrupted and without error and you recognise that Toolbox Digital Shop may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance.
Whilst Toolbox Digital Shop will make all reasonable efforts to ensure that the Site will be free from viruses, corruption or loss or other security breaches and Toolbox Digital Shop makes no warranties in this regard and shall not be liable for any loss relating thereto.
11. Privacy Policy
You may be asked to submit personal information about yourself in order to use the services on the Site. By entering your details on the Site you hereby authorise Toolbox Digital Shop and its service and content providers to provide you with the services you have selected. All of the information you provide is essential to provide the service you have requested from Toolbox Digital Shop.
When you enter the Site your computer will automatically be issued with a Cookie. Cookies are used by many websites in order to track traffic to their sites. Cookies used by Toolbox Digital Shop are text files that identify your computer to our Server and will only record those areas of the Site that you have visited. You can set your computer so that it will not accept Cookies although this may affect how the site works on your computer or mobile device.
Toolbox Digital Shop will take all reasonable measures to protect the loss, misuse and alteration of the information under Toolbox Digital Shop's control and to ensure that the Site has complied with the provisions of the Data Protection Act 1998 or any other relevant United Kingdom legislation relating to the handling of personal information. If any of the information that you have provided to us changes you must notify us by editing your billing information in Your Account.
You have the right to request a copy of the personal information that Toolbox Digital Shop holds about you as a result of your use of the Site.
The Site contains links to third party websites. Toolbox Digital Shop is not responsible for the practices or privacy policy of such third party websites and your use of those third party sites is at your own risk and you consult the relevant terms and conditions of those sites for further information.
12 No Partnership
Nothing herein shall be deemed to constitute a partnership, agency or joint venture between You and Us.
13. Entire Agreement
This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and any amendment or variation hereto must be in writing and signed by both parties.
14. Law
This Agreement shall be interpreted in accordance with the laws of England and the High Court of Justice in England shall be the exclusive court of jurisdiction.
15. Distance Selling & Product Refunds
Digital download products are non refundable once download has commenced. Physical items may be returned and refunded if we are notified by email to: ben@toolboxdigitalshop.com no more than seven days after you have received your product. You will need to return the product to us, in it's original condition. Once received a refund will be processed for you.