TERMS & CONDITIONS

Privacy Policy Terms and Conditions for www.lahondamusic.com

www.lahondamusic.com is powered by Sunshine HQ Limited, (Company No. 6936288) whose registered office is at:

The Old Stables, Newton On Derwent, York YO41 4DD.

Our VAT registration number is 977 8001 86

Email: support@sunshinehq.com

Please read these terms and conditions carefully before accessing or using any part of www.lahondamusic.com or any other websites (“The Website (s)”) made available by Sunshine HQ Limited (“SHQ” or “we” or “us”) on SHQ managed domains. By visiting, purchasing from or using The Website, each individual user ("You") accepts and agrees to the terms in this agreement ("Terms"). We may amend these terms and conditions from time to time. Every time you wish to order goods from us, please check these terms and conditions to ensure you understand The Terms which will apply at that time. Your continued use after any updates have been made constitutes your acceptance of such updates. If you do not wish to be bound by these The Terms then you may not use or access our website.

Our liability

We only supply products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes. We do not in any way exclude or limit our liability for: (a) Fraud or fraudulent misrepresentation;
(b) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(c) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description satisfactory quality, fitness for purposes); and
(d) Defective products under the Consumer Protection Act 1987.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions.

The website may include links from or to other third party websites. You use any other third party websites at Your own risk. SHQ is not responsible or liable for any functions, legalities, accuracies or any other aspects of such websites, and the inclusion of any link to a third party website does not imply endorsements of any sort by SHQ. Accordingly, SHQ is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with such third party websites.

Warranty Disclaimer and Limitation of Liability- To the full extent permissible by applicable law, The Website and Content is provided "As Is" and "As Available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, or that The Website will be uninterrupted or error-free. Your use of The website is solely at Your own risk.

To the full extent permissible by applicable law, SHQ is not responsible for any users' actions or User Submissions. In no event shall SHQ, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the The Website or any other subject matter of these Terms (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, consequential damages of any kind whatsoever, or substitute goods or services, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any direct damages or (iv) for any matter beyond its reasonable control.

Indemnification

You shall indemnify and hold harmless SHQ, its affiliates and their employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, expenses, and reasonable attorneys' fees, that arise from or relate to Your (i) Usage, (ii) violation of third party intellectual property or other rights, (iii) violation of applicable laws, rules or regulations, (iv) Your use of the The Website. SHQ shall have the option to assume the exclusive defence and control of any action to which it is a party and You shall assist SHQ in asserting any available defences.

Site Content
Every effort is made to ensure the complete accuracy of our website, however some prices/details container on the website may change from time to time and it is possible errors will occur. We will use our best endeavours to rectify any errors as swiftly as possible, but we cannot be responsible for any losses incurred.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.

Data Protection
As a registered data controller we process your personal data in accordance with the Data Protection Act 1998.

Privacy Policy
We do not store credit card details nor do we share customer details with any 3rd parties other than group companies. SHQ’s current privacy policy is located at http://www.lahondamusic.com/PrivacyPolicy. SHQ maintains a Level 3 PCI DSS compliance in accordance with the Payment Card Industry’s Security Standards Council.

Registration with The Website
Some of the features of the The website will require You to register with SHQ and choose a contact email address select an appropriate password and screen name. We may refuse to register and may cancel a registration at any time. You are solely responsible for maintaining the confidentiality of Your account and password, and you agree to accept responsibility for all activities that occur under Your account or password. You must immediately notify SHQ of any security breach (e.g., unauthorised use of Your account). You should keep your password safe and not disclose it to anyone.
When registering, you will also be signing up to receive news and offers from SHQ and subsidiary companies in the form of e-mail and mobile marketing. There are options to unsubscribe to this service at any time from within said e-mail or mobile message. You may terminate Your account registration by e-mailing us with a request to do so, on the proviso that You have not purchased a product or package through the website that extends beyond the date of such termination.

Eligibility to Use The Website

SHQ does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If You are under 13, please do not attempt to register for The website or send any information about Yourself to SHQ. If we believe or determine that You are under 13, we will terminate Your right to access any part of The website that require registration. If you wish to order goods, and this includes content which may only be purchased by persons of a certain age, you may be asked when placing your order to declare that you are of the appropriate legal age to receive the goods. If we discover that you are not legally entitled to order certain goods, we reserve the right to terminate all account facilities immediately, without notice, and we will not be obliged to complete the order.

Prohibited Activities

In using The Website, you agree not to:-Take any action or use, submit or distribute any text, media, materials, or other content (together, "Content") on or through The Website that infringes any third-party intellectual property or other right; is unlawful, threatening, harassing, defamatory, obscene or offensive; constitutes unauthorised or unsolicited advertising, crawling, spidering, or spamming; or interferes with or manipulates The Website or SHQ's billing process, security, infrastructure, access restrictions, price or offering. -Decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of The Website. -Modify, translate, or otherwise create derivative works of any part of the Website. -Use or otherwise transfer any of the rights that You receive for the benefit of a third party. -Violate any applicable laws and regulations or these Terms.

Your Rights to use Copyright Music

a. When you purchase digital content, you must comply with all applicable national and international laws governing the use of copyright material.
b. Without prejudice to any Licence sent to you under these terms and conditions, you acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material subsisting in the digital content, its design, structure, graphics, music and audio content and all and source codes connected with and comprised in the digital content (the "Content") shall remain at all times vested in their licensors. You are permitted to use the Content only as expressly authorised by The licensor and under any Licence. You acknowledge and agree that the Content is made available for your personal non-commercial use only.
c. Except as expressly set out above, without limitation, you may not do - or allow third parties to do - any of the following without prior written permission from The licensor: broadcast, communicate to the public, transmit, modify, adapt, create derivative works of or in any way commercially exploit any of the Content; remove the copyright, trade mark notice or other rights management or identifier information from any copies of the Content made under these terms and conditions; deep link to or frame any of the Content; interfere with, or in any other way circumvent any copy protection mechanism utilised in providing the Content to you or otherwise associated with the Content.
d. The sound recordings embodied in the Content you select for purchase are encoded with technology that restricts your use of that Content. These restrictions are notified to you prior to submission of your order. These restrictions include (i) where you are allowed to burn (e.g. to make a permanent copy of Content), not to burn more than three (3) copies of Content for your individual, personal use, and (ii) where you are allowed to export (e.g. to transfer or copy over Content to another device), not to export copies of Content to more than three (3) portable recipient devices for your individual, personal use and not to thereafter transfer, copy or export Content to another PC, device or other media of any kind. Any burn, export or other capability provided to you shall not constitute a grant or waiver of any rights of the copyright owners of Content. Any use of the Content that contravenes the above is a violation of copyright under applicable laws and is prohibited.
e. Your use of any musical works comprised in the Content is subject to further restrictions proposed by the Performing Rights Society For Music. Mechanical Copyright Protection Society
f. You warrant that you will use the Content only in accordance with these terms and conditions (including any associated Licence) and only for lawful purposes and in a lawful manner, you have a valid card billing address and will be accessing the Content available for that country or region and all information which you provide to SHQ is true, accurate, current and complete in all respects and that you will notify SHQ immediately of any changes to such information.

Applicable Law

We control and operate the web site from our offices within England. Accordingly the laws of England and Wales govern these terms and conditions and any claims relating to, including the use of, this website and the materials contained therein. If you choose to access our web site from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between ourselves and you the laws of England and Wales will apply at all times.

Entire Agreement

These terms and conditions, together with the current Website prices, delivery details and SHQ contact details, set out the whole of our agreement relating to the supply of the goods to you by SHQ. These terms and conditions cannot be varied except in writing signed by a director of SHQ. In particular nothing said by any sales person on behalf of SHQ or their affiliates, representatives, or any other person or company, should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by SHQ. SHQ shall have no liability for any such representation being untrue or misleading. - See more at: http://www.lahondamusic.com/TermsAndConditions………

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