| brainZapr.com Product Terms & Conditions |
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Please read these product terms and conditions (the Product Terms) carefully as they affect your rights and liabilities under the law and set out the terms under which brainZapr.com makes the download service (The Service) available to you. These Product Terms apply to the Service in addition to the General Terms and Conditions. 1. Usage DO NOT USE THE MUSIC FILES OR COMPUTER SOFTWARE WHILST DRIVING OR OPERATING DANGEROUS MACHINERY. DO NOT USE THE MUSIC FILES OR COMPUTER SOFTWARE IF YOU SUFFER FROM A HEART CONDITION OR ARE SUSCEPTABLE TO SEIZURES OR EPILEPSY, ARE USING A PACEMAKER, OR ARE TAKING STIMULANTS, PSYCHOACTIVE DRUGS OR TRANQUILIZERS WITHOUT THE EXPRESSED, WRITTEN CONSENT OF A QUALIFIED PHYSICIAN. 2. The Service Digital music files and computer software (The Downloads) will be made available for you to download once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make payment for the Downloads. At any point up until then, we may decline to supply the Downloads to you without giving any reason. 3. Copyright Except for your personal, non-commercial use, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Downloads are prohibited and will constitute a copyright infringement. 4. Cancellation and Defective Downloads Once you have paid for the Downloads, we make the Downloads available to you through the Service. You are not able to cancel any purchase of Downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact our helpdesk by using the “contact us” menu link on the website, where this is due to our default, we will replace the Download. 5. Payment The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before the item concerned is downloaded. All prices are expressed inclusive of any VAT payable for customers, which is subject to the VAT payable in the country where the customer belongs. Thus VAT will be applied for UK and EU customers, but will not be applied elsewhere. You can pay via Paypal, which accepts any Mastercard or Visa credit card. Authority for payment must be given at the time of order. You will be charged for items at this time. Your credit card details will not be stored on any brainzapr.com servers. We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection 6. Liability THE CONTENT OF THIS SITE AND THE SOFTWARE IT IS BASED ON OR INCORPORATES OR OFFERS FOR DOWNLOAD ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BRAINZAPR.COM OR IT’S OWNERS MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIAL AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT SITE CONTENT IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES OR ANY THEORY OF LAW SHALL BRAINZAPR.COM OR IT’S OWNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, OR IT’s DOWNLOADABLE CONTENTS, EVEN IF BRAINZAPR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. General These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If you have an order query, please e-mail us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . brainZapr.com is operated by Harmonic Software Systems Ltd, Unit 7, Basepoint Business & Innovation Centre, Metcalf Way, Crawley, West Sussex, RH13 8GU, UK.
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