Welcome to the TP4M digital services. Services are available on the website theplace4music.com
and any other services, analogous to, and or via the web, personal computer, mobile
device, connected device, and application programming interface (collectively the
“website”). The website services are available to you by The Place 4 Music ("TP4M/we/us").
We are committed to providing an excellent user experience to you when you use the
TP4M digital service. If you have any questions or queries about the digital service
or these terms and conditions we would be delighted to help. Please contact us at
via the contact page.
2. ABOUT TP4M
The Place 4 Music is wholly owned by European Management Education & Learning (e-mel)
LLP, a limited liability partnership number OC303000 registered in England, registered
address 55 West Street, Marlow, Buckinghamshire SL7 2LS. VAT number GB 913 4618 34.
3. ACCEPTANCE OF TERMS
3.1 In order for us to provide the digital services to you, you must agree to be
bound by these terms. These terms will form a legally binding contract between us
and you so please do take the time to read these terms and make sure you understand
them. If you use the website you will be agreeing to accept these terms. If you do
not agree to accept these terms you must not use the website/digital services.
3.2 We recommend you review these terms each time you purchase digital items from
this website and print a copy of them for your future reference as we intend to rely
upon them. If you are uncertain about your rights or think the terms are not complete/accurate,
please contact us before placing an order so we can discuss your query/concern.
4. TP4M'S RIGHT TO AMEND THESE TERMS
4.1 The Place 4 Music reserve the right to change, modify, add to, or delete portions
of these terms at any time including to reflect changes affecting the website services/capability,
technology, licensing arrangements, payment methods, relevant laws and regulatory
4.2 If TP4M does change the terms, we will post the changes on this page and will
indicate the effective date at the top. You are responsible for regularly reviewing
these terms so that you are aware of any changes. Your continued use of the website
and/or Services (as defined in section 5 below) after any such changes constitutes
your acceptance of the new terms and you will be subject to the policies and terms
in force at the time that you order digital items from us. If you do not agree to
(or cannot comply with) the terms as amended, please do not use the website/Services.
4.3 From time to time, specific terms may apply in addition to or replace these terms
in respect of certain items available on the website. For example, additional terms
such as age restrictions may apply to album purchases. These specific terms will
be clearly indicated and featured on the website as part of the order process for
the relevant digital item.
5. THE SERVICES
5.1 Description of the services – This website provides digital media download and
streaming services (the "Services”) designed to enable you to purchase/listen to
legal digital media. The Services are for your own personal and non-commercial use
and you are not authorised to make any copies of any downloads other than for your
own personal non-commercial use. You are not authorised to make any copies of streams.
5.2 Format - The standard digital formats offered on this website are MP3 and FLAC.
We also offer CD and Vinyl formats on some products, but these are mailed to you.
We can make other formats available to you on request, but prices for these will
only be available by request. Contact us for further information.
5.3 Samples - We offer samples. A “Sample” is a portion of a song that you can play
directly from and while you are on the website on a promotional basis at no cost
to you. You may play as many samples as you like. You may not attempt (or assist
others’ attempts) to capture, copy, or download a sample.
5.4 Hardware - You will need certain items of hardware and access to the internet
in order to use the Services. You must provide these are your own cost. Without limiting
any provision herein, TP4M makes no warranty that any particular computer, portable
device, or other hardware will be compatible with this website/the Services. It is
your responsibility to ensure that your hardware and playback system(s) will function
correctly with the Services.
5.5 Age restrictions on use of the services - You must be at least 18 years of age
to agree to and enter into a contract on your own behalf and to register for use
of the Services. If you are under 18 but at least 13 years of age, you must present
these terms to your parent or legal guardian, and he or she may consent to them on
your behalf. Children under the age of 13 may not register for the Services and parents
or legal guardians may not register on their behalf.
5.6 Children and parental supervision - We are concerned about the safety and privacy
of our users, particularly children. Parents who wish to allow their children to
access and use the Services should supervise such access and use. It is the parent/guardian's
responsibility to determine which, if any, parts of the Services are suitable for
your child to access. Parents/Guardians are fully responsible for their child's use
of the website/Services, including all financial charges and legal liability that
they may incur. Always use caution when revealing personally identifiable information
about yourself or your children via any of the Services.
5.7 Territorial restrictions on use of the Services - The items featured on this
website are only available for purchase by customers resident in the United Kingdom
with a billing address in the UK.
5.8 Objectionable Material. You understand that by using the Services, you may encounter
content that may be deemed explicit, offensive, indecent or objectionable, which
content may or may not be identified as such. Please bear this in mind as you agree
to use the Services at your risk and TP4M will not be liable to you for content that
may be found to be explicit, offensive, indecent or objectionable. We may label some
items as “explicit” or "parental advisory" but cannot guarantee we will do this nor
guarantee the accuracy of any descriptions provided on this website.
6. SALES PROCESS – PLACING AN ORDER, DELIVERY AND REFUNDS
6.1 How the contract is formed - The contract for the purchase of any digital item
will be between you and TP4M and will only be formed when TP4M make the item available
for download or stream and have received payment in full for the item. Until TP4M
makes the item available for download or stream and receives payment in full there
is no contract between you and TP4M for the item. TP4M reserves the right, in its
sole discretion to reject any order it receives.
6.2 Availability - All digital items featured on the website are subject to availability.
We reserve the right to change or remove a digital item or other content on the website
at any time without notice or liability to you. For example, we may have obtained
rights from a record label to make a particular piece available and, in the event
we lose these rights, we will need to remove the digital item and make it unavailable
6.3 Price – Subject to sections 6.4 and 6.5, the price of any digital item will be
as quoted on this website at the then current time, except in the case of obvious
error. This price will include VAT. Prices are subject to change at any time.
6.4 Incorrect prices - We use our best efforts to ensure that the prices of digital
items displayed on our website are correct. However, the website contains a number
of digital items and it is always possible that, despite our best efforts, some may
be incorrectly priced. If an error or inaccuracy is discovered and we have not yet
taken payment and made the digital item available for download we will normally reject
your order and notify you of such rejection.
6.5 We are under no obligation to provide the items to you at the incorrect (lower)
price if the pricing error is obvious and unmistakeable and could have reasonably
been recognised by you as a pricing mistake. We reserve the right to withdraw from
any contract in the case of obvious and unmistakable pricing errors.
6.6 Payment methods - Payment for all digital items must be by one of the payment
methods displayed on our website at the then current time. By providing the details
of a credit or debit card or a Paypal account to be billed, you confirm that you
are authorised to purchase the digital items and that you are the holder of the relevant
card or debit card or are expressly authorised to use such.
6.7 Refunds/returns - All sales of digital items are final, non-exchangeable and
non-refundable. You are not able to cancel any purchases of downloads after you have
confirmed payment. Downloads may not be returned for any reason unless they are defective.
If you have a faulty, incorrect or incomplete download please contact us at via the
help page. We will replace any such faulty or damaged digital item if reasonably
possible or we may issue a refund. You must notify us of any such fault or damage
within a reasonable period of time of download of the digital item. If you fail to
notify us within a reasonable time, we will have no liability to you.
7. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
7.1 Registration and use of services - There is no need to register or open an account
with TP4M, as we use third party payment entities and deliver authorisation to download
to you by e-mail. That does, however, mean that you must present a valid e-mail
address and valid payment information. By this, you represent that (i) you are at
least 18 years old, either entering into this contract for yourself or entering on
behalf of your child or a child in your legal care aged 13 or over; and (ii) you
have provided accurate and truthful information in the registration process. By using
the Services you represent that (i) you are of the required legal age where an item
has an age classification; (ii) you are purchasing items only for private non-commercial
use; and (iii) you comply with the territorial restrictions set out in these terms
at section 5.7.
7.2 Personal Information – By using the Services and/or registering you agree we
may hold, store and use the personal information you provide for the purpose of providing
8. YOUR USE OF THE WEBSITE/SERVICES AND CONTENT ON THE WEBSITE
8.1 Intellectual Property in the website - The website and its look and feel (including
without limitation the website design, text, graphics and all software and source
codes connected with the website and the Services) are protected by copyright, trade
marks, patents and other intellectual property rights and laws. Excluding the digital
items made available for purchase none of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed without the prior written consent
of TP4M. You may use the digital items in accordance with the remainder of these
8.2 Digital Rights Management - You understand that some of the digital items on
the website include a security framework using technology that protects digital information.
You agree to limit your usage of the content to certain usage rules established by
TP4M and our licensors (“Content Usage Rules”). You agree to comply fully with such
Content Usage Rules set out at section 8.3 below and such additional content usage
rules as indicated on the website or otherwise notified to you (whether in respect
of a particular digital item or otherwise).
8.3 Content Usage Rules
8.3.1 You are authorised to use the digital items only for personal, non-commercial
use, and you are not permitted to redistribute, sell, rent, lend, transfer, assign,
transmit, broadcast, adapt, edit, commercially exploit or sublicence digital items
made available through this website;
8.3.2 You will not use the website/Services for any purpose that is unlawful or prohibited
by these terms;
8.3.3 You agree not to use any information, digital item or material in any manner
that infringes any copyright, trade mark, patent or other proprietary right of any
8.3.4 You agree that you will not attempt to, or encourage or assist any other person
to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with
or modify any security technology or software that is part of the Services or used
to administer any Content Usage Rules, or interfere with, remove or alter any rights
management information on the digital item;
8.3.5 You acknowledge that digital items in the MP3 or FLAC format do not contain
security technology that limits your usage of such and you agree to use them only
as reasonably necessary for personal, non-commercial use;
8.3.6 Notwithstanding section 8.3.5, you are only authorised to use the digital items
on up to five authorised devices at any time. HMV reserves the right to limit the
number of authorised devices further and the number of authorised downloads to comply
with the wishes of its licensors. These limits will be notified to you on the website
at the relevant point;
8.3.7 You may not use digital items as a musical “ringer” in connection with mobile
8.3.8 You agree the delivery of digital items does not transfer to you any commercial
or promotional use rights in them.
8.4 Nothing in these terms grants to you any rights in any digital item other than
those expressly set out herein.
8.5 Uploaded/posted material – There may be areas on the website/Services where you
can upload material or post comments. TP4M do not claim ownership of any materials
you post, upload or submit to any publicly accessible area of the Services. However,
by doing so you grant TP4M a world-wide, royalty free, perpetual, non-exclusive licence
to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish
8.6 You agree not to:
8.6.1 use the website/Services to send junk email, spam, chain letters, pyramid schemes
or any other unsolicited messages, commercial or otherwise;
8.6.2 post, publish, distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
8.6.3 post, publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account of their
race, religion, disability, nationality or otherwise;
8.6.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including
rights of privacy and publicity) of others;
8.6.5 use any information or material in any manner that infringes any copyright,
trade mark, patent or other intellectual property or proprietary right of any party;
8.6.6 make available or upload files/materials that contain a virus, worm, trojan
or corrupt data that may damage the operation of the website, Services, computer
or property of another;
8.6.7 collect or store personal information about others, including email addresses;
8.6.8 advertise or offer to buy or sell goods or services for any commercial purpose;
8.6.9 impersonate any person or entity for the purpose of misleading others;
8.6.10 violate any applicable laws or regulations;
8.6.11 use the website/Services in any manner that could damage, disable, overburden
or impair the website/Services or interfere with any other party's use and enjoyment
of the website/Services;
8.6.12 post, publish, distribute or disseminate material or information that you
do not have a right to transmit under any law or that is under contractual or fiduciary
relationships (such as insider information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
8.6.13 attempt to gain unauthorised access to any of the Services, other customer
accounts, computer systems or networks connected to the website/Services through
hacking, password mining or any other means.
8.7 You acknowledge that all information, text, graphics, logos, photographs, images,
moving images, sound, illustrations and other materials uploaded/posted by you or
other website users (“User Content”), whether posted publicly or transmitted privately,
are the sole responsibility of the person from whom such User Content originated.
We do not control or endorse the User Content and cannot guarantee the accuracy,
integrity or quality of such User Content and you acknowledge that by using the Services
you may be exposed to User Content that is offensive and/or indecent. TP4M will not
be liable in any way for any User Content or for any loss or damage of any kind resulting
from the use of any User Content transmitted via the Services and you agree to bear
all risks associated with the use of any User Content, including any reliance on
the accuracy or completeness of such User Content.
8.8 Monitoring - We have no obligation to monitor the Services but shall be entitled
to review materials posted to or via the website and, at our sole discretion, to
remove any material that breaches these terms or is otherwise objectionable.
9. IF YOU BREACH THESE TERMS OR CONTENT USAGE RULES
9.1 If you are in breach of, or we suspect you are in breach of, these terms then
we may take any/all of the following actions:-
9.1.1 issue a warning to you;
9.1.2 effect an immediate, temporary or permanent withdrawal of any access to your
our materials and/or the website/Services however you will remain responsible for
all outstanding amounts owed to us;
9.1.3 take legal action against you; and/or
9.1.4 disclose such information to law enforcement authorities as we reasonably feel
9.2 The responses described above at section 9.1 are not limited and we may take
any action we reasonably deem appropriate.
We have the right to terminate your access to the website and/or any or all of the
Services at any time, without notice, for any reason, including without limitation,
breach of these terms. We may also at any time, at our sole discretion, discontinue
the website/Services or any part thereof without prior notice and you agree that
we shall not be liable to you or any third party for any termination of your access
to the website/Services
11.1 We recognise that your privacy is very important to you and that it is your
right to control your personal information. We know that providing personal information
11.2 We are registered with the Information Commissioner under the Data Protection
Act 1998 with registered number Z1609228. This Act provides a framework to ensure
that personal information is collected and handled properly. Please see www.ico.gov.uk
for further information.
11.3 Personal Information - If you are asked to provide basic personal information
such as name, address, email address, this will be used in to administer your account
11.4 Communications from Us and Newsletters - In order to keep our users informed
about the operation of our website/Services, we may send e-mails and announcements
to your personal email address that you have provided to us. Any promotional e-mail
from us will come with instructions for how to unsubscribe from the mailing list.
In addition you have the right at any time to ask us not to use your personal data
for marketing purposes. If you do not wish to receive such communications, please
email us at email@example.com.
11.5 Payment Information - When you pay TP4M for the Services, your payment information
will only be used to check that it is a valid method of payment and to process your
payment. No payment information is kept by TP4M other than to facilitate the provision
of Services to you (for example, storing your credit or debit card number for quick
payment). You will always be able to remove any such stored payment details.
11.7 Use of Promotional Vouchers – Promotional vouchers for Services may be provided
from time to time by HMV, its partners or sponsors. If you redeem a voucher to pay
for Services, you may be required to provide additional personal information which
may be shared with a third party. If that is the case, then we will notify you that
we are sharing your personal information with such partner at the point where we
collect it and you will be able to choose whether to use the voucher. For the avoidance
of doubt HMV vouchers, giftcards and e-certificates cannot be used as a method of
payment for the Services.
11.8 Security - While we make every effort to ensure that your information is secure
on our system, no data transmission over the Internet can be guaranteed to be 100%
secure. As a result, we cannot guarantee the security of any information you transmit
to us, and you do so at your own risk.
11.9 Keep your information up to date and access to information - We aim to keep
any personal information we hold up to date, accurate and error free. Please help
us to keep your information accurate and up to date by notifying us of any relevant
changes in the personal data we hold about you by keeping your account information
up to date. You can also ask us to correct any personal data we hold about you. In
your request, please specify which data is inaccurate, and what corrections you want
us to make. You can contact us for these purposes via the contact page. You have
certain rights to see information we hold about you. Any request for such information
may be subject to a small fee to meet our costs in providing you with such details.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY
12.1 You agree you will have no claim against TP4M, in respect of any decision to
remove digital items from this website or any decision to suspend or terminate your
access to this website/Services.
12.2 In the absence of any negligence or other breach of duty by TP4M, the use by
you of the website/Services is entirely at your risk.
12.3 TP4M warrants that it will provide the Services with reasonable skill and care
and substantially as described in these terms. TP4M does not make any other promises
or warranties about the website/Services.
12.4 HMV will not be liable under these terms for any loss or damage caused by TP4M
or any of its employees or agents in circumstances where:
12.4.1 there has been no breach of a legal duty of care which is owed by TP4M or
any of its employees or agents; and/or
12.4.2 the loss or damage is not a reasonably foreseeable result of any breach of
12.5 HMV will not be liable under these terms for any increase in loss or damage
you suffer resulting from a breach by you of these terms.
12.6 Our liability for losses you suffer as a result of us breaching a contract for
a digital item and in connection with your use of the digital services/website is
limited to £20.
12.7 You will be responsible for all claims, liabilities, damages, costs and expenses
suffered or incurred by us as a result of your breach of these terms or default in
the discharge of your obligations.
12.8 Nothing in this section 12 shall have the effect of excluding or limiting either
our liability or your liability for fraud or for death or personal injury caused
by our/your negligence (as applicable).
13. LINKS TO THIRD PARTY WEBSITES The website/Services may include links to third
party websites that are controlled and maintained by others. Any link to other websites
is not an endorsement of such websites and you acknowledge and agree that TP4M is
not responsible for the content or availability of any such websites. We recommend
you review those website's terms and conditions and privacy policies to ensure you
are happy to use them.
14. TRANSFER OF RIGHTS AND OBLIGATIONS Neither you nor we may transfer, assign, charge
or otherwise dispose of a contract for the purchase/sale of digital items on this
website, or any rights or obligations arising under it or in connection with the
Services, without the other's prior written consent save that you agree we may transfer
or assign this agreement to European Management education & Learning (e-mel) LLP
or a member of its group without your prior consent. You also agree that we may use
third parties and sub-contract our obligations provided that we remain responsible
to you for the performance of the contract.
15. SEVERANCE If any of these terms should be found to be invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction then such term shall be removed
and the remaining terms shall survive and remain in full force and effect and continue
to be binding and enforceable.
16. THIRD PARTY RIGHTS A person who is not a party to these terms has no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but
this section does not affect a right or remedy of a third party which exists or is
available apart from that Act.
17. GOVERNING LAW Contracts for the purchase of digital items through this website
and use of the digital service generally and any dispute or claim arising out of
or in connection with them or their subject matter or formation (including non-contractual
disputes or claims) will be governed by English law. Any dispute or claim arising
out of or in connection with such contracts or their formation (including non-contractual
disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts
of England and Wales.
18. NOTICES All notices given by you to us must be given to The Place 4 Music, 55
West Street, Marlow, Buckinghamshire SL7 2LS. We will give notice to you via the
e-mail or postal address you provide to us. Notice will be deemed received and properly
served immediately when we post it on the website, 24 hours after an e-mail is sent,
or three days after the date of posting of any letter. In proving the service of
any notice, it will be sufficient to prove, in the case of a letter, that such letter
was properly addressed, stamped and placed in the post and, in the case of an e-mail,
that such e-mail was sent to, and received by, the specified e-mail address of the
19. QUESTIONS OR COMPLAINTS? If you have any queries at all regarding the Service,
the items featured on the website or any of the terms, please do not hesitate to
contact us via the help page and we will be delighted to help.