Terms & conditions of use
Talking Issues offers its services to you subject to the following Terms & Conditions of use. Please read these terms carefully before placing an order with us, as they affect your rights and liabilities. We also recommend that you print a copy for future reference.
1.1 www.talkingissues.com (the Website) is operated by Talking
Issues Ltd (we and us)
1.2 Use of the Website is on terms contained in this document (Terms
and Conditions of Use). If you do not agree to these Terms and Conditions of Use,
stop using the Website immediately. By accessing and using this Website you are
indicating your acceptance to be bound by these Terms and Conditions of Use. They
are a legal agreement between you and us and can only be amended with our consent.
They should be read in conjunction with any details provided on the Website about
how the Website operates and our Privacy Policy.
1.3 These Terms and Conditions of Use set out the rights acquired
for use of Audio Material (includes all audiobooks, audio magazines, and other Audio
Material) purchased from the Website.
By accessing the Website and using the Talking Issues services, you agree to be
legally bound by this agreement.
Talking Issues products and services
2.1 We provide downloads of audiobooks, audio magazines and other
Audio Material as either individual files or as a subscription to a series of audio
magazines (collectively the “Audio Material”)
2.2 Our Audio Material is provided in certain file formats and
is designed to be played on a number of devices running certain digital music playing
software.
2.3 You are responsible for ensuring that your computer system
meets all relevant technical specifications necessary to use the Website and is
compatible with the Website. You also understand that we cannot and do not guarantee or warrant that any content of the Website will be free from infection, viruses
and/or other code that has contaminating or destructive properties. You are responsible
for implementing sufficient procedures and virus checks (including anti-virus and
other security checks) to satisfy your particular requirements for the safety and
reliability of data input and output.
2.4 You are responsible for checking the suitability of the file
formats for your chosen hardware device before you place your order with us. All
requirements are clearly listed on our “How To” pages and include system requirements,
which devices you can use, how to get windows media player, how to download, and
audio file formats & average download times.
Please note that we reserve the
right to modify these requirements from time to time, and as such it is your responsibility
to check them before you complete your purchase.
3) Use of the Talking Issues website
3.1 You are required to complete a registration process before
you are able to purchase products and services from the Talking Issues Website.
3.2 You must not attempt to interfere with the proper working of
the Website and in particular you must not attempt to circumnavigate security, tamper
with, hack into, or otherwise disrupt the Website or any computer system, server,
router or any other interconnected device.
Your Information
3.3 Our services are only available to persons aged 18 or over who possess a valid Talking Issues approved credit card.
3.4 The information that you agree to provide us with during registration
must be current, complete, accurate and true. We may terminate your rights if any
false, incomplete or inaccurate data is provided. Fraudulent information will be
subject to criminal and/or civil liability. If you change your registration details,
it is your responsibility to update them by clicking on [insert link to appropriate
place] and editing your account profile.
3.5 You must treat your user identification, password details,
or any other information required as part of our security procedures (collectively
known as ‘login details’) as confidential. If you become aware of any misuse or
unauthorised use of your login details then you must notify us immediately . We
will not be responsible for any losses incurred in connection with any misuse of
your login details and you further agree that we will have no responsibility whatsoever
for your failure to comply with this statement. Your breach of this clause 3.5 may
result in immediate termination of your Account with us, and may also result in
criminal or civil liability.
4.1 If for any reason the Products ordered are no longer available,
we will notify you immediately and either: (i) give you the option of receiving
alternative Products up to the same value and of similar quality; or (ii) cancel
the item from your order and refund you in full.
5.1 The description and prices for subscriptions to, and one-off
downloads of, Audio Material are set out on individual product pages [link to pages
of products]. The price of your selected Audio Material will also be confirmed in
your ‘Shopping Basket’ once your order has been placed, and then again in your email
confirmation after your order has been processed. Certain subscriptions of audio
material show pricing in US dollars ("US$"). Where this is the case, we will convert
the price from US $ to GBP Sterling ("GB £") at the time of purchase and the rate
applied will be 2 US $ to 1 GP £ unless and until we notify you otherwise. Payment
will appear on your statement as GBP Sterling.
5.2 The prices for Audio Material that we quote on our Website
are inclusive of VAT where applicable. Our VAT number is 879 974 627.
5.3 Save as provided at clause 5.1 above, payment must be made
in the currency indicated alongside your selected product item.
5.4 We take payment from your card once you have entered your payment
details and have clicked the ‘Confirm Order’ button, subject to card authorisation.
In the event that we are unable to supply the download, we will let you know as
soon as possible. We will give you a full refund if we have already taken payment
for the download.
5.5 Talking Issues will not be liable for any losses incurred as
a result of unauthorised access to personal information during the order process.
For further information on all Talking Issues security measures, please refer to our Privacy Policy [insert link].
5.6 Magazine subscription charges will be debited from your credit
card in full at the time you take out your subscription.
5.7 Every effort is made to ensure that errors are kept to a minimum.
In the event of any processing errors, you will be informed immediately and you
will have the option of reconfirming your order or canceling it.
Right to Change Prices
5.8 Prices of all Products are subject to change from time to time. Such notice may be provided at any time by posting the changes on the Website.
6) Accessing purchased audio material
6.1 Once your payment details have been confirmed (subject to any
delays beyond our control) and your purchased Audio Material has been downloaded
fully, your one-off download or the first download from your subscription (depending
on your purchase) will be available for you to play using Windows Media Player.
For
more information on this digital music player, please see how to get windows
media player.
6.2 If you have purchased a subscription, we will email you when
the next edition of your subscription is available for download.
6.3 Provided that any download we have provided you with is not
defective, risk of loss and damage to Audio Material passes to you once your download
is complete.
7) Use and limitation of use of purchased audio material
7.1 Once you have purchased our audio download content, we grant
you a limited, revocable, non-exclusive, non-transferable licence to download, burn
onto CD or stream such Talking Issues Content to your computer and/or your Device(s)
solely for your personal non-commercial use, up to a maximum of two times. Our audio
books include technology (sometimes called DRM) that limits your usage of content
in accordance with the provisions set out above. You shall not copy, reproduce,
distribute or use Talking Issues Content in any other manner.
7.2 You may NOT and may NOT permit others to:
Sell, distribute, loan, share, give or lend the Audio Material to any other person
Broadcast, communicate to the public, publicly perform, transmit or use the Audio
Material for any promotional purposes;
Translate, modify, adapt or create any derivative works of the Audio Material;
Remove or in any way amend or tamper with any copyright or trademark notice or other
identifier contained in the Audio Material;
Interfere with, remove, alter or circumvent or attempt any of the foregoing in respect
of any of the security measures and technology (including, without limitation, rights
management and copyright protection technology) used in connection with the Audio
Material or embark on any other action that may threaten rights of the copyright
owners of the Audio Material;
Make any use of the Audio Material in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out above
7.3 PLEASE NOTE that if you use any of the Audio Material in a
way, other than is specifically permitted under these Terms, you may be infringing
copyright and therefore may be exposed to civil and/or criminal legal action.
8) Contract cancellation - Distance selling
8.1 You agree that as the Audio Material will be made available
to you immediately after payment, the usual cancellation rights offered to consumers
under the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
You will therefore have no right to cancel the contract between us and no right
to a refund once the contact has been made.
9) Defective downloads and refunds
9.1 If a particular download is defective e.g. it is corrupted,
then please contact us at info@talkingissues.com to notify us. In the case of audio
magazines, you will be entitled to choose either a replacement of that particular
issue or, if you prefer, the current issue of that audio magazine instead. In the
case of audio books, we will provide you with a replacement download of the audio
book in question.
9.2 If a particular piece of Audio Material becomes unavailable
following purchase but prior to download, your sole remedy is a refund of the purchase
price paid for the unavailable material.
9.3 No provision in these Terms affects your statutory rights.
10) Third party websites & materials
10.1 We may provide hyperlinks from this Website to other internet
sites which are operated by other organisations. We are not responsible for external
Websites that link to this Website or which are linked from it. That we include
these hyperlinks does not imply any endorsement of the material on such sites or
any such sites or any association with their operators.
10.2 We reserve the right, at our discretion, to prohibit any link
from another internet site to materials or information on this Website. Without
prejudice to that right, if you wish to link to the Website, you may only do so
on the basis that you link to, but do not replicate, the home page of the Website,
and provided that any Website from which you link to the Website does not contain
any content that is distasteful, offensive or controversial, infringes any intellectual
property rights or other rights of any other person or otherwise does not comply
with all applicable laws and regulations.
12) Intellectual property
12.1 All content on this Website including but not limited to Audio
Material, text, software, photographs and graphics is protected by copyright. We,
or our licensors, own copyright and/or database rights in the selection, coordination,
arrangement and enhancement of such content, as well as in the original content.
Except as expressly set out in these Terms and Conditions of Use, nothing in these
Terms and Conditions of Use shall give you any rights in respect of any intellectual
property owned by us or our licensors. You shall not assert or attempt to obtain
any such rights and you shall not use or in any way exploit, our name, trade marks,
logos or other proprietary marks or any of the content of this Website, in whole
or in part, except as provided in these Terms and Conditions of Use.
12.2 In respect of the Website itself, the text, graphics, images
and all other content contained on this Website (including Audio Material that is
made available for free) is made available for your personal non-commercial use
only. You may (where necessary to place an order or to listen to any free samples)
download such content onto one computer hard drive or print one copy of such content
for your own personal non-commercial use, provided you keep intact all and any copyright
and proprietary notices. You acknowledge that you do not acquire any ownership rights
by downloading copyright materials. You may not otherwise reproduce, modify, copy
or distribute or use any of the content on this Website without written permission
from us.
12.3 No permission is given to use any of the trade marks appearing
on this Website, including without limitation the trade marks of Talking Issues
Ltd or its licensors.
12.4 Your rights granted under these Terms and Conditions of Use
shall terminate immediately upon your breach of any of these Terms and Conditions
of Use.
13.1 We host comments on the Website that are submitted by its
users. Due to the high volume of comments that users post, we cannot and do not
monitor the contents of each of these comments. As a consequence, we will not be
liable for any defamatory, obscene, racist or otherwise abusive comments that appear
on the Website. We will endeavour to remove any such offending content as soon as
reasonably possible after it has been brought to our attention.
14) Termination of account
14.1 In the event that you have, or we have reason to believe that
you have, or will breach these Terms and Conditions of Use, we may terminate or
suspend your account and/or access to our Website and/or to any Audio Materials
and/or your rights immediately and without notice.
14.2 We reserve the right to cancel or suspend the services we
provide on this Website for any reason unrelated to any breach of these Terms and
Conditions of Use by you. In the event that we do this we will use our reasonable
efforts to give you at least thirty (30) days' prior notice by email to your most
recent email address which you have provided on your account. We will also, in the
case of termination, refund you the sum that relates to the period after cancellation
of your subscription on a pro-rata basis or, in the case of suspension, extend your
subscription by an amount of time that is equivalent to the time that the service
was suspended.
14.3 The termination of your account, or our termination or suspension
of access to your account or Audio Material, does not affect the limitations and
restrictions of use of the Audio Material that you have purchased which shall continue
in full force and effect.
15) Limitations & Disclaimers
15.1 We will operate this Website with reasonable skill and care
and that we will use our reasonable endeavours to correct any faults of which we
are aware.
15.2 We have permission from the people that own the copyright
in the audio books and audio magazines to allow you your purchases, in accordance
with the terms set out in Use and Limitation of use of Audio Material.
15.3 We do not make any promises about the availability of the
Website. In particular we disclaim any liability in connection with any technical
problems you may experience with the Website which may result in interruptions to
the Website, or any bugs or viruses in the Audio Material or any software you use
to download the Audio Material, the Website, or the server that makes it available.
In this respect you agree that it is your responsibility to install suitable anti-virus
and security software on your computer hardware and other playback devices to protect
against any such bugs or viruses, including but not limited to viruses, Trojan horses,
time bombs, cancelbots or any other form of programming routine designed to damage,
destroy or otherwise impair a computer's functionality or operation.
15.4 We do try to ensure that the information on the Website is
accurate and complete, but sometimes mistakes occur and we therefore do not accept
any liability which may arise as a result of any such errors or incomplete information.
15.5 Occasionally we are unable to perform our obligations under
these Terms due to circumstances beyond our reasonable control. In such circumstances
including, but not limited to, system failure, fire, flood and other acts of God,
strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies,
civil commotion, acts of terrorism or war, our inability or delay in performing
our obligations will not be deemed to be in breach of contract.
16.1 Nothing in these Terms and Conditions of Use will restrict
our liability for death or personal injury resulting from our negligence, nor will
they restrict any of your statutory rights.
16.2 Other than as set out in above paragraph, our maximum liability
arising out of any order for the supply of Audio Material to you under these Terms
and Conditions of Use will be limited to the retail price of the Audio Material
contained in that order.
16.3 To the full extent allowed by law, we will not be liable for
any indirect losses that you suffer, whether relating to your purchase of Audio
Material or to the use of this Website, including loss of business profits, loss
of anticipated savings, wasted expenditure or any other indirect or special damages.
17.1 You agree to indemnify, defend and hold us, and our officers,
directors, employees, agents and suppliers harmless from and against all claims,
liability, damages, losses, costs and expenses, including reasonable legal fees,
arising out of any breach of these Terms by you or any other liabilities arising
out of your use of our Website, or the use by any other person accessing our Website
using your personal information.
Severability
18.1 If any part of these Terms is found to be unenforceable as
a matter of law, all other parts of these Terms shall not be affected and shall
remain in force.
Entire agreement
18.2 These Terms govern our relationship with you and represent
our entire agreement with you.
Assignment
18.3 You may not assign, sub-license or otherwise transfer any
of your rights under these Terms.
Waiver
18.4 If you breach these Terms and we choose to ignore your breach,
we will still be entitled to use our rights and remedies at a later date or in any
other situation where you breach the Terms again.
Exclusion of third party rights
18.5 These Terms do not create any right enforceable by any person
who is not a party, except that the provisions of these Terms may be enforced by
any of our licensors subject to and in accordance with the Contracts (Rights of
Third Parties) Act 1999.
Governing law and jurisdiction
18.6 You and we agree that English law applies to these Terms and
Conditions of Use and that any dispute between us regarding the Website or arising
out of or in connection with these Terms and Conditions of Use will only be dealt
with by the English Courts, unless you are resident in another part of the United
Kingdom, in which case the applicable law of that part of the United Kingdom will
apply and any dispute will be brought before the courts there.
18.7 If a dispute arises out of or in connection with this contract,
we will both attempt to settle it by mediation in accordance with the Centre for
Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us
refuse to initiate the mediation procedure within 14 days of the dispute arising or if
we both fail to agree terms of settlement within 30 days of the initiation of the
procedure, either of us will be free to initiate proceedings in the courts of England
which will have exclusive jurisdiction to deal with such dispute.
This Website is owned by Talking issues Limited.
The registered office address of Talking Issues Limited is:
Talking Issues Ltd
Audio House
Unit 1, Ashman’s Court
Locksbrook Trading Estate
Bath
BA1 3EH
Our registered company No is 5701014
If you experience problems with the Website or would like to comment on it, please
feel free to contact us in any of the following ways:
- By email at:
- By writing to us at the above address
These Terms and Conditions of Use were last updated on 11th May 2007.