YOUR ACCESS TO, AND USE OF, THE SITE CONSTITUES YOUR ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS. PLEASE READ THE TERMS CAREFULLY AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER LAW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
If you have any questions about the Terms, please email us at firstname.lastname@example.org
1. Your Right to Use the Site
Subject to these Terms, IFPI grants to you a right to access the Site for the purposes of viewing the Site and making purchases on the Site. You may only use the Site for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
We reserve the right to:
- Update these Terms from time to time. Any changes will be notified to you via a suitable announcement on the Site. It is your responsibility to check for such changes. The changes will apply to the use of the Site after we have given such announcement. If you do not wish to accept the new Terms, you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms; and
- Modify or withdraw, temporarily or permanently, this Site and the material contained within it (or any part of it) without notice to you. Your use of the Site constitutes your confirmation that we shall not be liable to you for any modification to or withdrawal of the Site or its contents.
PLEASE DO NOT SEND EMAILS OR PROVIDE INFORMATION OR DATA ON YOURSELF VIA THE SITE IF YOU DO NOT WANT YOUR INFORMATION PROCESSED BY US IN THE WAYS DESCRIBED BELOW. BY ACCESSING AND USING THE SITE AND BY PROVIDING US WITH INFORMATION VIA THE SITE, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA IN THE MANNER DESCRIBED BELOW. IF YOU DISAGREE WITH THE WAY WE PROCESS DATA COLLECTED ON THE SITE, WE RECOMMEND THAT YOU DO NOT USE THE SITE.
3.1 What type of data do we collect about you?
By way of example only, personal data relating to Internet users viewing the Site may be collected through the Site on each of the following occasions:
- (i) Data regarding navigation may be collected by our web servers or by cookies when you are browsing the Site;
- (ii) Data regarding your identity and email address may be collected when you send an email to us through the Site (if you choose to do so), for instance via the 'Contacts' pages;
- (iii) Data regarding your identity, email address, billing and delivery address, credit card or other payment information may be collected when you shop on this Site;
- (iv) Data regarding your identity and your email address may be collected by the Site when you download the free publications available on the Site; and
- (v) Data regarding your identity, address (or other contact details such as telephone number) and email address may be collected when you subscribe to an event via the Site.
Upon collection, your personal data will be stored for as long as is reasonably necessary for us to carry out the purpose in respect of which your personal data was collected.
3.2 How will we use the data collected from you?
We will use your personal data for the following purposes:
- Data collected by web servers and cookies
- Data collected on sending an email to us
You may want to send an email to us through the Site, for instance via the 'Contact' pages. By doing so, you will provide us with basic information about yourself including, for example, your email address, telephone numbers, your name and your query.
We will use the information you provide for the purpose of responding to your message, handling your query, analysing your feedback and/or for improving the Site. We may forward your email onto a National Group or member of IFPI if they are better placed to answer your query.
- Data collected through submission of an order
You will be required to provide details of your identity, email address, billing and delivery address, credit card or other payment information when you shop on this Site.
This information will be processed by us for the purpose of processing your order, delivering the products ordered by you and, if consistent with any indication of your wishes, informing you of future publications or other products of IFPI (or sold by IFPI via the Site) that you may be interested in and otherwise performing our obligations to you in accordance with your purchase via the Site.
You may opt out from allowing us to use your personal data to inform you of future publications or other products of IFPI (or sold by IFPI via the Site). If you desire to do so, please email, write or telephone us on the contact details set out under the sub-heading "Contacting us" below.
- Sharing of the personal information collected via the Site
Data which may be collected regarding your identity, email address, billing and delivery address, credit card or other payment information when you shop on this Site may be provided, to the extent necessary to handle your order, to our fulfilment partners (including for the processing of payment) whose assistance is needed to handle your order.
Data collected through the Site may also be transferred to others from time to time in the following cases as needed to perform the data processing purposes described herein:
- (i) At your request, on your order or subject to your prior agreement, to recipients specified by you;
- (ii) To authorised third parties in compliance with our statutory or regulatory obligations;
- (iii) To recipients who are operators acting on our behalf in their capacity as agent, authorised proxy, sub-contractor, service provider or in any other capacity, including suppliers in charge of hosting or maintaining the Site; and
- (iv) In case of a change of control or acquisition of the whole or part of the assets or business of IFPI, the data collected through this Site will be transferred to the acquiring entity.
- Transferring your data outside of Europe
IFPI's business, members and customers are increasingly globalised and rely on global communication and information systems to operate effectively and competitively. This means that, potentially, your personal data may be stored, processed and accessed (where there is an appropriate "need to know") anywhere in the world.
This may or may not include storing, processing or accessing your personal data in countries, such as the United States of America, which do not have laws about the protection of Personal Information and privacy like those in countries within the European Economic Area. Accordingly, you may have fewer legal rights in these countries. Nevertheless, IFPI will store and process your personal data in every country in accordance with these Terms.
Your personal data may be transferred by IFPI to a third party where in addition to the general requirements of these Terms being complied with one of the following conditions applies:
- (i) the third party will process the information in accordance with a European Commission decision finding that the country provides adequate protection;
- (ii) the third party signs data protection clauses that have been approved by a competent Data Protection Authority in the European Economic Area;
- (iii) you have been given an opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which the data is being transferred may have different data protection standards;
- (iv) if the transfer involves Sensitive Personal Information, you have given your unambiguous consent to the transfer; or
- (v) the transfer is otherwise permitted under Directive 95/46/EC.
3.3 Your subject access rights
You may instruct us to provide you with copies of or to amend (due to a factual inaccuracy) any personal data we hold about you. Provision of such information may be subject to the payment of a fee of £10.00. Before providing you with a copy of your personal data, we reserve the right to: (i) verify and authenticate your identity and the personal data which you have requested access to; and (iii) request from you further information regarding the circumstances in which you provided your personal data to us via the Site (to enable us to locate the same).
4. What is a Cookie?
A cookie is a tiny element of data that is stored on your computer's hard drive by your web browser when you access a website. In addition to the cookies placed on your browser by Google Analytics (see the section headed "Data collected by web servers and cookies" above) the Site makes use of "Session cookies". A Session cookie contains a random ID number which is automatically allocated to your computer by the webserver for the duration of your visit. It is meant to make your use of the Site faster and easier. It will be deactivated after twenty to thirty minutes of inactivity on the Site and will be automatically removed from your computer when you close your browser.
- Third-Party Cookies
We may use third-party advertising companies or affiliates to display advertisements on our website. These third-party advertising companies or affiliates may separately place or recognise a cookie file on your browser in the course of delivering advertisements to the Site. We cannot see the information collected or stored in third party cookies. We do not provide personal data about you to these third party advertisers or affiliates.
5. Removing and disabling cookies
If you don't want us to place cookies on your computer at all, you can set your browser to disable or reject cookies. This will mean that no websites will be able to place cookies on your computer. You can do this by adjusting the preferences within your browser. This may mean, however, that you will not be able to enjoy full use of all parts of the Site.
If you want to remove previously stored cookies, you can manually delete the cookies at any time. This will not prevent the Site from placing further cookies on your computer.
Except if provided to others in the circumstances set out in these Terms, the data supplied by you will be kept on the Site's secured servers and computer systems, protected from outside intrusions.
If you register with IFPI to access restricted parts of the Site, you are responsible for ensuring that your log-in details (e.g. your username and password) are kept confidential.
Please note, IFPI will fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose information (including personal data) that IFPI have obtained through your use of the Site.
7. Third Party Links
The Site may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Site and its use. You agree not to upload or transmit through the Site:
- (i) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
- (ii) any material which is defamatory, offensive or of an obscene character.
9. Ordering online and cancellation
All orders made by you when you shop on this Site are subject to acceptance and availability. If the products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the products from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order that you may receive from us shall not amount to our acceptance of your offer to purchase products advertised on the Site. The conclusion of a contract between you and us will take place when we (or a third party acting on our behalf) despatch the products to you.
All products purchased from us via the Site are sold subject to additional specific terms and conditions relating to that product.
After you have successfully placed an order with us, you will receive an acknowledgement by e-mail of the order you have placed and a receipt which we advise you to print off and save for your records.
Any products purchased from us via the Site that are faulty, late or incomplete may be returned to us within 30 days of receipt. In such circumstances you will be eligible for a full refund.
Where you have purchased the products as a consumer (i.e. for private as opposed to business use), please note that you are entitled to cancel any contract completed provided that you do so within 8 working days of receiving the products. If you return the products received pursuant to the now cancelled order in perfect condition and in the original packaging within 14 days of receipt, we will refund your purchase. The return of the products in such circumstances shall be at your cost.
Nothing stated herein shall affect your statutory rights.
We pass all information which you provide to us via the Site with regards to the payment of products ordered by you via the Site to PaymentSense Ltd (Registered number06730690). By making a purchase via the Site, you authorise us and PaymentSense Ltd to process payment from the credit card details supplied by you and to conduct validation checks by cross checking your details. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Site.
We arrange for delivery of all physical products which you purchase via the Site through the Royal Mail (in the UK) or Excel (outside of the UK) and in so doing we pass all data which you provide to us via the Site with regards to the delivery of such products to the same (as applicable). By making a purchase via the Site, you authorise us to do so.
We reserve the right to change prices at any time.
11. Intellectual Property
Copyright, trade marks, database and other intellectual property rights protect the content of the Site and you acknowledge that the ownership of all the content on the Site shall remain with our licensors or us.
You may retrieve and display the contents of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) 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 may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the Site.
12. No Warranty
IFPI is providing the Site and its contents on an "as is" and an "as available" basis, without any representation or warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, merchantability or title in relation to the Site.
For the avoidance of doubt, this exclusion does not apply to products sold via the Site.
The content of the Site may contain inaccuracies and typographical errors. IFPI tries to ensure, but cannot guarantee, the accuracy, truthfulness or completeness of the content or the reliability of any advice, opinion or other information displayed or distributed on the Site. Any of IFPI's information or other content contained within the Site is correct to its knowledge, but IFPI accepts no responsibility for any errors or omissions therein. IFPI reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.
IFPI does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
IFPI does not assume any responsibility or risk for your use of the Internet.
13. Limitation of liability
To the fullest extent permitted by law, IFPI, its members, affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for any direct, indirect, consequential, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise.
In setting out the above, we do not seek to exclude any provisions implied by English law and which may not be excluded by English law nor to limit or exclude any liability, right or remedy to a greater extent than is permissible under English law including in relation to: (i) death or personal injury caused by the negligence of ourselves; or (ii) fraudulent misrepresentation or deceit.
14. No Waiver
No waiver by IFPI of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or to partially exercise by IFPI of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England. The courts of England are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site.
If any of the terms of these Terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms are intended to be effective, then to the extent that, and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
17. Contacting us
If you have any questions about any aspect of these Terms or want to discuss how we handle your data you can contact us by email, post or telephone at the following:
7 Air Street
London W1B 5AD
Tel: +44 (0)20 7878 7900
Fax: +44 (0)20 7878 7950