Website Terms and Conditions of Use
1.1 These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
INFORMATION ABOUT SOUND TECHNOLOGY LTD
2.1 www.soundtech.co.uk is operated by Sound Technology Ltd, a wholly owned subsidiary of Midwich Ltd (“Sound Technology” “We” “Our” “Us”). We are a limited company registered in England and Wales under company number 1454050 and our registered office is Vinces Rd, Diss, Norfolk, IP22 4YT. Our VAT number is GB426632162.
WE ARE A TRADE-ONLY MUSICAL INSTRUMENT AND SPECIALIST TECHNOLOGY SOLUTIONS DISTRIBUTOR. THESE TERMS AND CONDITIONS (THE “CONDITIONS”) GOVERN THE SALE OF OUR GOODS TO COMMERCIAL BUYERS, RETAILERS, SERVICE PROVIDERS AND SIMILAR COMMERCIAL ENTITIES.
“Administrator” means the person who is employed and charged by the Buyer to administer and authorise users on behalf of the Buyer and who is responsible for control and processing of data on behalf of the Buyer;
“Buyer” means the company, with whom Sound Technology has established a trading relationship;
“Goods” means the Goods (including any instalment of the Goods or any parts for them and which, for the avoidance of doubt, may include any services offered by the Sound Technology) which Sound Technology is to supply in accordance with these Conditions;
“Seller” means Sound Technology Limited, Vinces Road, Diss, Norfolk, IP22 4YT;
“User” means the person who is employed by the Buyer and who accesses www.soundtech.co.uk on behalf of the Buyer;
“Website” meansthe website administered by Sound Technology for its products and services and those of its subsidiaries and associated companies;
“Website terms and conditions of use” means the terms and conditions for access to the Sound Technology website by the Buyer and its Users;
“Terms and Conditions of supply” means the standard Sound Technology Ltd trading terms and conditions of supply, which deal with the commercial and trading aspects between the Buyer and Sound Technology Ltd.
ACCESS TO OUR WEBSITE
4.1 Unless otherwise stated, Sound Technology Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
4.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
4.3 You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purposes without obtaining a licence to do so from us or our licensors;
edit or otherwise modify any material on the website; or
redistribute material from this website [except for content specifically and expressly made available for redistribution].
5.1 You must not:
use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent.
use this website to transmit or send unsolicited commercial communications.
use this website for any purposes related to marketing without Our express written consent.
OBLIGATIONS OF THE BUYER
6.1 The Buyer will appoint an “Administrator”.
6.2 The Administrator shall be the person responsible for the use of www.soundtech.co.uk on behalf of the Buyer.
6.3 The Buyer may change the person appointed to be the Administrator, either by using the on-line facility or by informing Sound Technology Ltd in writing of the new identity of the Administrator
6.4 The Buyer shall ensure that they meet all technical requirements of www.soundtech.co.uk access and that Sound Technology Ltd shall not be liable for any losses which result due to technical incompatibilities or system errors.
6.5 The Buyer shall take all reasonable steps to ensure that its authorised Administrator and authorised users shall not pass any user login details to third parties under any circumstances.
6.6 If a user leaves the company it is the buyers responsibility to contact Sound Technology by writing informing us and requesting to have that users log in credentials removed from www.soundtech.co.uk or any other group website.
6.7 The Administrator shall ensure compliance with data protection legislation.
OBLIGATIONS OF THE ADMINISTRATOR
7.1 The Administrator is obliged to carry out the following duties:
i. Authorisation, approval and access level setting of new and existing Users;
Removal, deletion and amendments of Users who have left the company or are deemed not to be fit to us www.soundtech.co.uk on behalf of the Buyer for any reason;
Ensuring that all Buyer company details held on www.soundtech.co.uk including but not limited to postal and delivery addresses, are correct;
7.2 The Buyer acknowledges that it is solely responsible for the actions of their Administrator and their processing of any data.
OBLIGATIONS OF THE USER
8.1 The User must at all times be acting on behalf of the Buyer in any actions performed using www.soundtech.co.uk
8.2 The User shall not pass any security details (such as, but not limited to usernames and passwords) to 3rd parties under any circumstances.
8.3 The User shall comply with the Buyer’s data protection and privacy compliance policies.
8.4 On ceasing to represent or be employed by the Buyer, the user shall not use any supplied login information relating to the Buyer for accessing www.soundtech.co.uk
SECURITY AND LOGIN
9.1 www.soundtech.co.uk login credentials comprise of three elements:
i. The Buyer’s Sound Technology Ltd Account Number.
ii. The Username (User’s email address).
iii. The User’s secret Password (Any alphanumeric combination).
9.2 The use of the login information indicates proof that the Buyer consents to orders and information placed by it or in its name.
9.3 The Buyer, the Administrator and the User will use best endeavours to ensure that the login information, especially the Password, remains confidential.
9.4 Sound Technology Ltd reserves the right to remove online access from any user upon unacceptable or unlawful use of www.soundtech.co.uk
10.1 The website contains links to other websites. Any Content downloaded or otherwise obtained from the website is obtained at your own risk. Sound Technology accepts no responsibility or liability for the content of other websites which are not under the strict control of Sound Technology. Any link is not intended to be, nor should it be construed as an endorsement of any kind by Sound Technology Ltd or Midwich Group plc.
10.2 You may not create a link to this website from another website or document without Sound Technology’s prior written consent.
YOUR USER CONTENT
11.1 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) and metadata whether originated by you or a third party that you submit to this website, for whatever purpose.
11.2 You grant to Sound Technology Ltd and Midwich Group plc a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
11.3 You confirm that you have the right to use your user content which must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Sound Technology or a third party (in each case under any applicable law).
11.4 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
11.5 We reserve the right to edit or remove any material submitted to this website, or stored on
Our servers, or hosted or published upon this website.
11.6 Notwithstanding Our rights under these terms and conditions in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
12.1 This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
12.2 Without prejudice to the generality of the foregoing paragraph, We do not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
12.3 Nothing on this website constitutes, or is meant to constitute, advice of any kind.
LIMITATIONS OF LIABILITY
13.1 We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss
of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
13.2 These limitations of liability apply even if We had been expressly advised of the potential loss.
13.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
13.4 All data present on www.soundtech.co.uk is correct at time of publication. Sound Technology Ltd cannot accept responsibility if any data changes or is not updated
14.1 Sound Technology’s Privacy Statement can be seen by clicking here. This Privacy Statement forms part of these terms and conditions.
14.2 Please follow the link above to our Privacy Statement.
14.3 By using the Sound Technology website you agree that Sound Technology Ltd may collect, use and share information and install cookies provided via this website including to our authorised direct marketing agents and transfer subcontract or otherwise deal with data collected by our use of the Website
15.1 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
16.1 If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
17.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim incurred or suffered by Us, arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
18.1 Without prejudice to other rights under these terms and conditions, if you breach these terms and conditions in any way, We may take such action as We deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
19.1 We may revise these terms and conditions from time-to-time without any notice to you. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
20.1 By ticking the consent box at Clause 14.3 of these website T&C’s, or by accepting these terms and conditions electronically on the Sound Technology website, you agree that we may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
20.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
21.1 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. If any unlawful and/or unenforceable provision 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.
22.1 These terms and conditions [together with Our standard Terms and Conditions of Sales], constitute the entire agreement between you and Us, in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
BRIBERY ACT 2010
23.1 The Buyer acknowledges and understands its legal and moral obligations as detailed in the Bribery Act 2010.
23.2 The Buyer has an active Anti Bribery and Corruption Policy in place which reflects its zero-tolerance approach to acts of bribery.
23.3This Policy has been fully trained out to all staff of the Buyer. The staff understand the ramifications of the Act and how it should influence their behaviour in their dealings with suppliers.
LAW AND JURISDICTION
24.1 Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) however nothing in this clause shall limit the right of Sound Technology to take proceedings against You in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdiction preclude the Supplier from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.