Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS (as updated from time to time, the “Terms”) CAREFULLY BEFORE DOWNLOADING THE “HeyList” APP. THESE TERMS CONSTITUTE A LEGAL AGREEMENT AND BY USING THE “HeyList” APP YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.
We licence use of the App to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider or operator from whose site, located at [WEBSITE ADDRESS] (“Appstore”), the End-user downloaded the App (“Appstore Rules”). We do not sell the App to You. We remain the owners of the App at all times.
If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now [by clicking on the “Cancel” button below]. In this case the downloading process will terminate.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App. However, you will lose the right to cancel the transaction once you begin to download or stream the App. This does not affect your consumer rights for an app that is defective. Please see paragraph 11 below for further information.
You should print a copy of these Terms for future reference.
We reserve the right to change these terms and conditions at any time. Your continued use of the App will be deemed to constitute acceptance of the varied Terms which will be posted on musicqubed.com
- For the purpose of these terms and conditions (“Terms”):”You” or “Your” refers to you, the customer and user of the HeyList application ( “the App”).”MusicQubed”, “We”, “Us” and “Our” means the company MusicQubed Limited, that creates packaged, low cost music delivered straight to the mobile whose registered office is :MusicQubed Ltd c/o Shelly Stock Hutter LLP,
7 ” 10 Chandos St,
W1G 9DQ.Business address is:
4 Grosvenor Place,
+44 203 021 1435,
“Mobile device” means portable devices with restricted screen size which are able to access the MusicQubed service via an over-the-air cellular network data connection, but also permitting access via Wi-Fi.
“Subscription Service” means a subscription service offering customers within the Territory on-demand and advertising free access to the playback of all or a part of full length versions of audio recordings which at the time of access form part of a chart compiled by MusicQubed, accessed via the MusicQubed software application, in return for a periodic subscription fee.
“Territory” means the United Kingdom of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.
“Video Service” if applicable means a subscription service offering customers within the Territory on-demand and advertising free access to the playback of all or a part of full length versions of video recordings which at the time of access form part of a chart or are new releases or are other music related videos compiled by MusicQubed, accessed via the MusicQubed software application, in return for a periodic subscription fee.
- (a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- (c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- (i) is used only for the purpose of achieving inter-operability of the App with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the App;
- (f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
- (g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and
- (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”).
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.
- These Terms set out the full extent of Our obligations and liabilities in respect of the supply of the App. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms made or given, whether express or implied, that are binding on Us. Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- To start using HeyList You must provide Your current UK mobile phone number. You agree to provide true, current and complete information about yourself as prompted by Us and to promptly update the information that You provide to Us from time to time in order to keep it true, current and complete. If We have reasonable grounds to suspect that any information that You have provided to Us is in fact untrue, inaccurate or incomplete, We may suspend or terminate Your access to the App without notice. If any of the information that You give to Us when You register changes, including Your payment details, You must inform Us immediately.
- Subject to Clause 6, by starting the HeyList free trial (details of which are outlined in the App’s FAQ section) You are agreeing to the immediate provision of the service to You by MusicQubed and to payment of the subscription charges detailed below on expiry of the free trial in the event that You do not cancel Your subscription.When signing up to use the App for the first time, You will be entitled to a trial period during which You will be able to enjoy all of the functionality and benefits provided by the App without having to make any payment (other than to purchase permanent downloads of audio recordings or video recordings, and mobile data charges where applicable). Any unused portion of the free trial will not be forfeited if You sign up to the Subscription Service during the free trial period.
After the Free Trial You will be charged £1.50 per week for the Subscription Service payable via iTunes . You can unsubscribe at any time using the My Account screen. If You unsubscribe at any point in a week You have paid for You will still be charged Â£1.50 for that week but You will still have access to the Subscription Service until the end of that week. You confirm that the credit, debit or store card that is being used is Yours. All credit card/debit card cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.
- From 14 April 2014, the App will be available for a free 4 week private beta period through an email invite only. After the 4 week beta period the App will convert into preview mode only, there will no opportunity to subscribe after such period. For the avoidance of doubt. For the avoidance of doubt, all other terms and conditions of this agreement shall apply during the 4 week beta period.
- Under UK Consumer Protection laws You have the right to a “cooling-off” period, during which You have the right to change Your mind if You subscribe to the App. We grant You the right to change Your mind and receive a full refund within fourteen (14) calendar days of Your subscription, but provided only that You have not started using HeyList during that fourteen (14) day period and that You notify us of Your cancellation via email (email@example.com). By agreeing to these Terms and subscribing to the App, then using HeyList during the â€œcooling-offâ€ period, You agree and acknowledge that You have given Us express consent to provide the Subscription Service to You during this period and that your right to cancel has been lost.
- You confirm that the credit, debit or store card that is being used is Yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.If You agree to subscribe to the App at the end of Your trial period, these Terms shall continue to apply to Your use of the App. Your subscription shall automatically auto renew unless cancelled by You via the App Store. If You do not agree to subscribe to the App at the end of Your trial period, the contract created by these Terms will be automatically terminated with effect from the end of Your trial period.
- Please note that the App uses the data connection of Your mobile phone. If You do not have a mobile data plan in place, You can be charged for all data use by Your mobile phone carrier. While many mobile phones automatically disable data usage when roaming (using Your mobile phone outside Your country or covered area of Your carrier), if the data connection is active and You use the App while roaming, it can and will result in even higher charges, often regardless of regular unlimited mobile data plans. MusicQubed is in no way responsible or liable, for any or all charges You receive from Your mobile phone carrier, by using the App. We recommend that when using the App, particularly for the first time, You do so using a Wi-Fi internet connection as opposed to Your mobile network data connection so as to ensure that You avoid mobile network data charges.Please note that the App is intended for use with Your own mobile phone carrier in which You subscribed to the App. The App makes no warranty regarding correct operation whilst Your device is connected to other carriers.
- If We have reason to believe that there has been or is likely to be a breach of security or any other misuse of the App We may suspend Your service.We are not obliged to monitor, detect or report any unauthorised use of the App and You shall be solely responsible and liable for all user charges that are incurred on Your MusicQubed account as a result of any such unauthorised use.By subscribing to the App, You are agreeing to pay any and all user charges applicable to the App as notified by Us to You from time to time. All user charges payable by You to Us must be paid by You without set-off or deduction. All user charges will be charged in accordance with the payment method You have chosen for Your purchase. If You are paying by credit or debit card, by designating a card to be billed, You confirm that You are authorised to make such purchase and that the card is issued in Your name. All prices stated within the App and/or otherwise communicated to You are inclusive of VAT (where applicable) and other applicable taxes and fees. You can choose to cancel Your subscription at any time within the My Account screen of the app. Auto-renewal can be turned off via the App Store. The App will be available until the end of the period You have already paid for and You will not be charged beyond that point.
- You agree that the information supplied by You to Us may be used by MusicQubed or our agents for the following purposes which shall include but are not limited to: sending in App messages, monitoring the use of the App, and from time to time evaluating if We can improve the service for customers. Your information will be treated in accordance with MusicQubed’s PrivacyPolicy, which can be viewed either within the App and/or at http://musicqubed.com/privacy-policy.
- We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to You. MusicQubed may modify or withdraw the App or elements of it (including charges for the service) at any time. If We change these terms to Your significant disadvantage We will notify You via SMS.
- We reserve the right to change these Terms at any time. Your continued use of the App will be deemed to have accepted the varied Terms which will be posted on www.musicqubed.com/terms-conditions.
- Any use of the App by You is on an “as is” and an “as available” basis. You agree and accept that the App is not a fault-free service and is for Your own personal use and shall not be used for commercial purposes.
- You acknowledge that the App has not been developed to meet Your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in these Terms meet Your requirements.We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.We are only responsible for loss or damage You suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified below, but We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by You and us at the time we granted You this licence to use the App.Our maximum aggregate liability under or in connection with these Terms (including Your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to all amounts paid by You to MusicQubed. Nothing in these Terms shall limit or exclude our liability for:
- (a) death or personal injury resulting from Our negligence;
- (b) fraud or fraudulent misrepresentation; and
- (c) any other liability that cannot be excluded or limited by English law.
- App offers are subject to availability and may only be available for a limited period. We will not be responsible if Your application for an App offer is incomplete, lost or not received.
- Links to third party websites and companies may appear in the App from time to time. Such third party websites are not the responsibility of MusicQubed and We accept no responsibility for the availability, suitability, reliability or content of such third party websites.
- Certain components of the App are supplied to Us by third parties and We cannot be held responsible for and do not accept any liability, either express or implied as to such components, including but not limited to their accuracy, relevance or quality.
- You acknowledge and agree that We are not responsible for the availability of any third party products and services or what You access through the App. We shall not be held responsible or liable for any content, advertising, products or services available from such third parties. Any dealings between You and any other third party advertisers or merchants found on or via the App, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
- The App, its features and material and content within the App may also be the intellectual property proprietary to MusicQubed, its licensors or to third parties. No licence is granted to You in respect of any such rights, except to the extent required for Your personal use of the App in accordance with these Terms. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the features, materials or content of the App. Without limiting the foregoing, HeyList and any other HeyList product or service name are trade marks of MusicQubed and You shall not be entitled to reproduce such marks without our prior written consent, and MusicQubed, MusicQubed and any other MusicQubed product or service name are trade marks of MusicQubed and You shall not be entitled to reproduce such marks without MusicQubed’s prior written consent.
- You acknowledge that MusicQubed-supplied content, services, products and offers are provided on an “as is” and an “as available” basis, and are not fault free. You agree that any use of MusicQubed-supplied content, services, products and offers are entirely at Your own risk and in no event shall MusicQubed be liable for any indirect, incidental or consequential damages, including, without limitation, loss of income, data or other information as a result of the use of MusicQubed-supplied content, services, products and offers.
- These terms and conditions are governed by English Law and You and We submit to the non-exclusive jurisdiction of the English Courts.
- To enable us to provide HeyList in accordance with our obligations to our rights owners and partners, and also to enable us to understand and/or enhance and/or analyse the usability/functionality of how the service is used so that We may introduce updates and changes, We will obtain the following information from Your device: Your device ID (IMEI) (to see if You have already used the HeyList and obtained a free trial), Your mobile phone number (to establish Your network provider), and Your geographic location (to see if You are in the Territory when You download the app), and any other analytics information as required for such purposes.
- If any clause, or part of a clause, of these Terms is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remainder of the clause or paragraph which contains the relevant provision shall not be affected, unless otherwise stipulated under applicable law.
- You may not transfer Your rights pursuant to these Terms to any third party.
- The App is developed and maintained by MusicQubed. If You want to contact us in writing You can do so by post sent to MusicQubed Ltd c/o Shelly Stock Hutter LLP, 7 â€“ 10 Chandos St, London, W1G 9DQ, or by email at the following address: firstname.lastname@example.org.
- These Terms are governed by English Law and You and We submit to the non-exclusive jurisdiction of the English Courts.