Terms and Conditions of Sale

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. These Terms and Conditions will apply to the purchase of the Products by you (the Customer or you). We are Chocolate Box Studios Limited whose trading name is CloudBreak Music for Choirs, a company registered in England and Wales under number 9182612, whose registered office is at 112 Durlston Road, Kingston Upon Thames, Greater London, KT2 5RU, with email address [email protected];  (the Supplier or us or we).
2. These are the terms on which we sell all Content, Services and Products available at or through our Website to you, hereafter Products. By ordering any of the Products, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Products from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Contract means the legally binding agreement between you and us for the supply of the Products;
4. Durable Medium means web page, email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
5. Products means the Products advertised on the Website that we supply to you of the number and description as set out in the Order;
6. Order means the Customer’s order for the Products as submitted following the step-by-step process set out on the Website;
7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
8. Website means our Website cloudbreakmusic.net on which the Products are advertised.

Products

9. The description of the Products is as set out on the Website or other form of advertisement. Any description is for illustrative purposes only.
10. In the case of any Products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
11. All Products which appear on the Website are subject to availability.
12. We can make changes to the Products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

13. We retain and use all information strictly under the Privacy Policy.
14. We may contact you by using e-mail or other electronic communication methods regarding your order and you expressly agree to this.

Basis of Sale

15. The description of the Products in our Website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
16. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
17. A Contract will be formed for the sale of Products ordered only when Payment has been received and verified by our Card Payment Provider and you receive either a Confirmation Web Page with links to download Digital Products or when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Products supplied under the Contract.
18. All Products sold in digital format, e.g. MP4 files, will be accessible via download link in your Order Confirmation for 365 days after purchase, after which time the download link will expire, and a new Order is required to regain access to the Product.
19. No variation of the Contract, whether about description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Price and Payment

20. The price of the Products and any other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
21. Prices and charges include VAT at the rate applicable at the time of the Order.
22. You must pay by submitting your credit or debit card details with your Order and we will take payment immediately or before delivering the Products.

Delivery

23. We will deliver the Products via a Confirmation Web Page with links to digital files, and an Order Confirmation email to the given contact email address without undue delay and, in any event, not more than 2 days after the day on which the Contract is entered into. If you do not receive the Order Confirmation email within 30 minutes, please check your Spam or Junk email folder first and if it is not there, please contact [email protected] for help.
24. In the case of events beyond our control, such as a Website hosting outage, if we do not deliver the Products on time, you can treat the Contract at an end if:
    1. we have been unable to deliver the Products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
25. If, under such circumstances, you treat the Contract at an end, we will promptly return all payments made under the Contract.

 

Proprietary Rights, Licensing, Publishing and Distribution

26. Cloudbreak Music for Choirs owns all the Master Rights for all Sound Recordings sold on this Website.
27. This Agreement does not transfer from CloudBreak Music for Choirs to you any CloudBreak Music for Choirs or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CloudBreak Music for Choirs.
28. This Agreement grants you licence to use any recorded audio that you purchase from the Website for rehearsal or live performance.
    1. For rehearsal, this includes sharing audio files digitally via private communications for the purpose of rehearsal, e.g. a password-protected website for choir members, or a private link to storage, e.g. Google Drive or Dropbox. It must not be made available for public sharing or distribution.
    2. For live performance, this includes in-person concerts, or live-streamed performances, so long as a recording is not distributed or published publicly after the event. Please contact [email protected] to request permission to distribute any recorded performances public.
29. This Agreement does not grant you permission to publish, embed or release any recorded audio which you have purchased from the Website, in whatever form, in perpetuity, without written permission and consent from Cloudbreak Music for Choirs. Please contact [email protected] to request permission. For more information on releasing, publishing or embedding sound recordings please contact the Music Publishers Association (formerly MCPS).
30. If you provide any feedback, reviews or suggestions regarding the Website, Services, Content, or Products provided through this Site, you hereby assign to Cloudbreak Music for Choirs all rights in the Feedback and agree that Cloudbreak Music for Choirs shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide as not confidential or proprietary to you. You agree that you will not submit to Cloudbreak Music for Choirs any information or ideas that you consider to be confidential or proprietary.

Refunds

31. As a general policy, Cloudbreak Music for Choir cannot offer refunds on any purchases made through the Website as Products are supplied as Digital Files unsealed and accessible immediately on receipt of payment.
32. Please note the exception of a failed Delivery, as detailed in paragraphs 24 & 25 above.

 

Conformity

33. We have a legal duty to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
34. Upon delivery, the Products will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
35. It is not a failure to conform if the failure has its origin in your materials.

Privacy

36. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
37. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://cloudbreakmusic.net/privacy-policy/) and Cookies Policy (https://cloudbreakmusic.net/cookie-policy/).
38. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
39. We are a Data Controller of the Personal Data we Process in providing Products to you.
40. Where you supply Personal Data to us so we can provide Products to you, and we Process that Personal Data in the course of providing the Products to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
41. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Limitation of Liability

42. In no event will Cloudbreak Music for Choirs be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cloudbreak Music for Choirs under this agreement during the twelve (12) month period prior to the cause of action. Cloudbreak Music for Choirs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Governing Law, Jurisdiction and Complaints

43. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
44. Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
45. We try to avoid any dispute, so we deal with complaints in the following way: If there is a problem with your purchase, customers should contact us to find a solution. We aim to respond to all emails within two working days, contact [email protected].