terms & conditions
TERMS & CONDITIONS
"we", "us", "provider", "company" or "TANTRUMEDIA" refers to TANTRUMEDIA Limited, also officially trading as "BWRW EIRA" and "you", "your", "client" or "customer" refers to each person or entity that applies for internet service, product or provision or is a designate of any one who applies for same with TANTRUMEDIA Limited. TANTRUMEDIA Limited is a company in England and Wales (Company Number 4837695) whose registered office is at 113 Wallasey Road, Wallasey, Wirral, CH44 2AA, United Kingdom. TANTRUMEDIA is registered for VAT in the United Kingdom no. 929 5675 71.
By accessing any website hosted by TANTRUMEDIA Limited or by entering into ANY agreement with TANTRUMEDIA Limited to provide consultancy, graphic design, product design, software development, web development, audio services, book keeping services, administration services, hosting or ANY other service you agree to be bound by ALL the terms and conditions outlined herewithin.
FOR THE AVOIDANCE OF DOUBT: THE USE OF ANY TANTRUMEDIA LIMITED SERVICE OR PRODUCT SHALL BE UNDERSTOOD TO BE AN ACCEPTANCE OF THE TERMS AND CONDITIONS AS LAID OUT HEREWITHIN. SHOULD YOU AT ANY TIME FIND ANY PART OF THESE TERMS AND CONDITIONS UNACCEPTABLE YOU SHOULD INFORM TANTRUMEDIA LIMITED IMMEDIATELY IN WRITING AND CEASE USE OF ANY AND ALL TANTRUMEDIA PRODUCTS, GOODS AND SERVICES.
TANTRUMEDIA reserves the right to refuse service and/or access to its servers to anyone at any time.
TANTRUMEDIA does not allow any of the following content to be stored on its servers; illegal material including but not limited to copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading, adult material including but not limited to all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of TANTRUMEDIA. “Warez” including but not limited to pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
You agree not to use our websites in such a way that may cause them to be interrupted, damaged, or otherwise impaired.
You agree not to attempt to access ('hack') any unauthorised part or component of our websites.
In the event that you have any right, claim or action against any other user of our websites, then you agree to pursue such right, claim or action independently of and without recourse to TANTRUMEDIA Limited.
We reserve the right to modify any TANTRUMEDIA Limited website or any part thereof in any way with or without notice. You agree that we shall not be held liable to you or any third party in any way for any modification of any TANTRUMEDIA Limited website.
TANTRUMEDIA Limited uses many 3rd party service providers to host internet services including but not limited to e-mail, websites and e-commerce. These services are outside of the direct control of TANTRUMEDIA and you accept that TANTRUMEDIA may not be held liable for any direct or indirect loss of earnings, legal cost or other financial liability or cost arising out of the use of or as a result of any failure in these 3rd party services.
TANTRUMEDIA Limited uses software provided by any number of providers. Although TANTRUMEDIA acts in the best interests of it's clients in selecting the most suitable software solution for each project, the maintenance and suitability for purpose of any 3rd party software is outside the direct control of TANTRUMEDIA and you therefore accept that TANTRUMEDIA may not be held liable for any direct or indirect loss of earnings, legal cost or other financial liability or cost arising out of the use of or as a result of any failure in any 3rd party software used by TANTRUMEDIA.
TANTRUMEDIA develops bespoke software internally and externally, by way of; full time employees, external agencies and freelancers. All bespoke software development carries a 6 month warranty from point of delivery to you upon completion of development. TANTRUMEDIA agrees to remedy to the best of it's ability any flaws, inaccuracies or 'bugs' discovered within the developed software without charge for any additional man hours required to carry out said remedy within this 6 month period. This guarantee does not cover problems arising from; misuse of the developed software outside the intended remit or original purpose, use of the developed software when it is used on computer hardware other than that originally specified, nor use of the developed software when the system within which it was originally designed to function has changed in any way, for example an upgrade to the operating system, or installation of 3rd party software which conflicts with the developed software. Beyond this 6 month period, and under circumstances outside the remit of this guarantee but still with the guarantee period, remedial work may still be carried out at the sole discretion of TANTRUMEDIA and for a fee and in a timescale to be dictated by TANTRUMEDIA for each and every remedial activity. It should be noted that additional expenses incurred in carrying out any remedial work both inside and outside the guarantee period shall still be chargeable, such as travel, accommodation and other ancillary expenses not falling under the description of straightforward labour (man hours). These additional expenses shall be agreed with you prior to undertaking any work that would incur them.
Unless otherwise agreed by statement in writing between all parties, TANTRUMEDIA shall retain the copyright in any and all works created, originated or developed by TANTRUMEDIA in perpetuity or for the longest period permissible by law, save where you or any other 3rd party already holds copyright in such works. These works include but shall not be limited to; origination of logos, artwork and graphical templates, development of bespoke software, development & design of electronic goods and games, development & design of games involving physical aspects such as boards, cards, counters, dice or other physical items, development of websites or web based components and the composition of music, sound effects or any other audio material. You shall have no rights in any said works save those agreed at the time of purchase. Unless otherwise agreed by statement in writing, these rights shall be limited to fair usage in carrying out your daily business and shall specifically exclude; use of the Works by any 3rd party not deemed to be an employee or agent of your company, redistribution of the Works to any 3rd party not deemed to be an employee or agent of your company, re-sale of the Works to a 3rd party unless such re-sale forms part of the sale of your entire company or business.
TANTRUMEDIA provides consultancy on many topics. As part of this consultancy our employees shall have occasion to suggest the use of certain products, computer software, ideas, methodologies, management processes and other procedures. At NO POINT shall any suggestion be taken to mean advice or recommendation. We will ONLY ever provide suggestions that may be good options. AT NO TIME WHATSOEVER will we make recommendations or give advice. We shall at all times leave final decisions up to you, leaving you free to choose any course of action within the remit of any consultation.
Upon request TANTRUMEDIA will provide estimates for work to be carried out. The values within these estimates are subject to change with no notice required on the part of TANTRUMEDIA. Estimates may change due to labour costs, third party services or other circumstances beyond our control. Where TANTRUMEDIA issues a Quotation rather than an Estimate, said Quotation shall remain valid for the period indicated on the Quotation and shall again be subject to alteration where a third party makes changes to their fees or where external goods or services must be secured and the provider changes their fees.
By using ANY TANTRUMEDIA Limited service including but not limited to e-mail, websites and e-commerce you agree that TANTRUMEDIA Limited may not be held liable for any direct or indirect loss of earnings, legal cost or other financial liability or cost arising out of the use of or as a result of any failure in the systems used by you and supplied by TANTRUMEDIA Limited.
TANTRUMEDIA LIMITED PROVIDES A NUMBER OF SERVICES INCLUDING BUT NOT LIMITED TO
E-MAIL, WEBSITE HOSTING AND E-COMMERCE. WE AIM TO PROVIDE AN ACCEPTABLE LEVEL & QUALITY OF SERVICE IN ALL SERVICES AND PRODUCTS WE PROVIDE. YOU AGREE THAT WE DO NOT PROVIDE ANY LITERAL OR IMPLIED WARRANTY OR GUARANTEE AS TO THE AVAILABILITY OF ANY SERVICE OR PROVISION PROVIDED THROUGH US. YOU AGREE THAT WE WILL NOT BE HELD LIABLE IN ANY WAY FOR ANY LACK OF OR FAILURE OF THE AVAILABLITY OF OR ACCESS TO ANY INTERNET BASED OR COMPUTER BASED SERVICES PROVIDED TO YOU BY TANTRUMEDIA LIMITED AND YOU AGREE TO FULLY & WHOLLY INDEMNIFY US AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSS OF EARNINGS DIRECT OR INDIRECT, DAMAGES, LOSSES, AND ANY & ALL COSTS AND EXPENSES SUFFERED BY YOU OR LEVIED AGAINST YOU AS A RESULT OF ANY SUCH LACK OR FAILURE.
PROVISION OF MUSIC AND SOUND EFFECTS
Unless otherwise agreed by means of a specific written and signed agreement between Tantrumedia and any other third party, the following terms and conditions shall apply concerning the supply of original music and/or sound effects for multimedia projects by Tantrumedia.
Tantrumedia agrees to supply musical compositions and/or sound effects ( hereinafter referred to as the “Works” ) to a third party ( hereinafter referred to as the “Client” ) for inclusion into a computer based entertainment product, multimedia product or presentation ( hereinafter referred to as the “Game” ).
Tantrumedia hereby grants a perpetual licence permitting the Client to reproduce the Works within the Game. The Client may also reproduce the Works within other media solely in connection with advertising, marketing and promotional activities related to the Game on the understanding that any such activity shall not be in and of itself for financial reward, to wit the Client may not publish the Works as an asset outside the Game without the prior written consent of Tantrumedia.
Tantrumedia agrees to supply the Works under the following terms;
The Works remain the sole copyright of Mr. Timothy Brian Wright also known under the stage name or pseudonym CoLD SToRAGE ( hereinafter referred to as the “Composer” ), and are licensed for use within the Game by Tantrumedia. This agreement assigns to the Client no rights whatsoever in the Works save those outlined within these Terms & Conditions. For the avoidance of doubt, this agreement assigns the Client no rights to publish derivative material based upon the compositional, rhythmic or melodic structure of the Works without the express written permission of Tantrumedia.
Tantrumedia warrants that the Works will at no time be licensed for use in any other computer based entertainment product, or multimedia production and will therefore remain solely identifiable with the Game. However, this clause shall not survive any termination brought about by a breach on the part of the Client. To wit, Tantrumedia shall, subject to the client breaching any of these terms be allowed to garner recompense for time and money spent in the creation of the Works by the sale or licence of said works to any other third party.
Fees agreed for the creation of the Works do not cover any extraordinary requests made by the Client in respect of the Works, such as, but not exclusively limited to; orchestral fees, named musicians, named vocalists, location recording, specialist mixing and long distance travel. Fees for extraordinary requests must be agreed in advance prior to their undertaking.
The Works are licensed for use within a singular software product. However, the Works may be published within the Game to function on any hardware platform ( hereinafter referred to as “SKU” ) in so much as the Game published on each SKU is the very same Game and is neither a sequel to, nor any other derivative of the Game.
In the interests of suitability for purpose, fees paid in connection with the creation of the Works shall allow for;
The supply of the Works to the Client part way through the creative process to ensure on-going suitability for purpose, at a convenient point prior to the full completion of the Works, and Client requests for 1 major rewrite and 1 minor rewrite per piece of music as and when necessary up to a maximum of 8 hours studio time. Requests for modification of the Works above and beyond this provision shall attract additional cost at a daily rate payable in advance.
The Client may not transfer their rights or liabilities under this agreement concerning the Works to any third party without prior written consent from Tantrumedia.
Tantrumedia warrants that the Works are unique and contain no material owned or copyrighted by any other party and that Tantrumedia is at liberty to supply and grant licence upon the Works without consideration or reference to any other party.
In rare cases, TANTRUMEDIA may find a customer surpassing ‘fair usage’ and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers on the same server. In such instances, TANTRUMEDIA reserves the right to take any of the following action in part or whole;
When a website is found to be surpassing their data transfer limit per month on a single account and/or monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, TANTRUMEDIA reserves the right to terminate the account giving one week's notice.
If the user's site is severely affecting the performance of the server, TANTRUMEDIA has the right to act immediately in order to resume the normal operation of the network. This policy is not restricted to basic website access but also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time.
TANTRUMEDIA Limited will monitor Customer's bandwidth and disk usage. TANTRUMEDIA Limited shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds ‘fair usage’. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in TANTRUMEDIA's sole and absolute discretion.
‘Fair usage’ shall be deemed to be the use of the available resources open to all clients hosted on the same server in such a manner as to not impede the normal everyday activities of other users on the same server. Short term or sporadic excesses in data transfer shall not be considered a breach of ‘fair usage’.
UCE & SPAM
TANTRUMEDIA may not use or permit others to use our network to transact in UCE or Unsolicited Commercial Email. Customers of TANTRUMEDIA may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us at our discretion will lead to termination of service.
Upon receipt by us of notification from any source of an alleged violation of our SPAM policy, TANTRUMEDIA will initiate an immediate investigation within 48 hours of notification. During the investigation, TANTRUMEDIA may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, TANTRUMEDIA may, at its sole discretion, restrict, suspend or terminate customer's account. Further, TANTRUMEDIA reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TANTRUMEDIA will notify law enforcement officials if the violation is believed to be a criminal offence.
If the investigation confirms that our SPAM policy has been violated we will invoice you for an Administrative Fee and immediately terminate your account.
Use of TANTRUMEDIA's service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed, and you may be held responsible for administrative charges at TANTRUMEDIA's discretion.
All pricing is guaranteed for the term of prepayment. Should you provide such, you grant TANTRUMEDIA the right to debit your credit card or bank account until such service is cancelled by you or is cancelled by TANTRUMEDIA according to terms of this Agreement. TANTRUMEDIA reserves the right to change prices at any time with changes notified as necessary. Payment is due each anniversary month, year or period following the date the account was established, depending on the type of account opened. If for any reason the payment does not arrive in time, the account may be subject to suspension/deletion.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies TANTRUMEDIA a request for termination of services.
All payment is in the currency chosen at the time of order.
The customer is liable for the NIC fees on domains and will be invoiced accordingly.
If you have provided such, you agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, we may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.
You agree not to hold us responsible for banking charges incurred due to payments failing on your account.
In the event that the Customer rejects any change in Charges then the Customer has the right to terminate this Agreement by notice of termination to be received by the Company no later than 14 days before the intended termination.
Payment for services rendered or product supplied are generally due within 28 days of invoice date unless otherwise specified. Additional expenses incurred in recovering overdue accounts shall be payable. These may include court expenses, interest at Bank of England base rate + 4% which will be calculated daily, plus any bank charges for returned payments.
All goods, products services & designs supplied by TANTRUMEDIA remain the SOLE property and copyright of TANTRUMEDIA Limited until payment has been received in full FROM THE CUSTOMER.
TANTRUMEDIA does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Customer should take steps to insure that their domain has been registered. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
New domain names can be registered by TANTRUMEDIA in customers' names. We will invoice You in advance for any Domain Renewal Fees. You should take steps to note the renewal date of your domain name(s) and ensure action is taken by You or Us to pay for any renewal costs before the domain registration period terminates.
TANTRUMEDIA accepts no responsibility for the failure to renew any domain names and subsequent loss of business or related liability resulting in a domain name not being renewed. It is ultimately the customer's responsibility to periodically check, i.e. at least monthly, to ensure that domain name(s) is/are active, and has not inadvertently expired.
By registering a .uk domain name, you enter into a contract of registration with Nominee UK on the terms and conditions to be found at their website - http://www.nominet.org.uk . This is a separate contract to any arrangement you may have with any third party for the provision of internet services.
TANTRUMEDIA do not generally change the name servers (DNS entries) to point to another host or IP address. You must make this request of the current domain agent (IPS-TAG holder).
All payments made to TANTRUMEDIA are confirmed by email or printed invoice. TANTRUMEDIA will occasionally communicate changes or important information via e-mail and the Customer accepts this is normal policy.
CANCELLATION & ACCOUNT TERMINATION
TANTRUMEDIA reserves the right to cancel any service at any time. Customers may cancel services by giving TANTRUMEDIA at least one whole calendar month notice for which normal payment terms will still apply. All cancellations must be received via e-mail or in writing. Phone requests will not constitute delivery or acceptance of any proposed cancellation.
In the event of any form of cancellation the Customer will be responsible for renewing the Registration of his/her domain name(s) and finding a new host for the respective domain name(s).
If an account is cancelled by us for non-payment or breach of these Terms and Conditions an administration fee of £50.00 will apply per domain name to release this to your new Registrar.
Accounts held with TANTRUMEDIA will be automatically renewed on the anniversary date of your account under the same fee structure unless you give notice to TANTRUMEDIA in writing or via read confirmed e-mail one whole calendar month before the renewal date that you do not wish to renew any such an account.
Customer agrees that it shall defend, indemnify, save and hold TANTRUMEDIA (the company, it's agents, it's officers, it's employees and any and all services provided by TANTRUMEDIA either directly or indirectly) harmless of any and all demands, liabilities, losses, costs and claims, including legal fees asserted against TANTRUMEDIA, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold TANTRUMEDIA harmless of any and all demands, liabilities, losses, costs and claims, including legal fees asserted against TANTRUMEDIA, its agents, its customers, officers and employees, arising out of; (1) any injury to person or property caused by any product sold or otherwise distributed by the Customer; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement brought about by the actions of the Customer or it's agents, customers, officers or employees; (4) any defective products sold by the Customer; (5) any data or information held or stored by TANTRUMEDIA on behalf of the Customer being copied, lost, stolen, released into the public domain or used by any other party; (6) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.
Terminated accounts will not receive any refund. All cancellations must be received via e-mail or by standard post. Phone requests will not constitute acceptance of any cancellation. Domain name purchases, transfers, renewals, add-ons, and SSL certificates are non refundable. Any outstanding costs, fees or subscriptions due payable will be recovered in the first instance by formal request and ultimately through any legal means necessary. Unpaid balances will attract interest at Barclays Bank standard rate + 4%.
TANTRUMEDIA will make every reasonable effort to protect and backup data for all Clients on a regular basis, however TANTRUMEDIA does not guarantee the existence, accuracy, or regularity of its backup services and, therefore the Client is responsible for making back-up files in connection with its use of the Services. Should there exist backups available to TANTRUMEDIA that suit the purposes of the Customer, a fee of £80 per retrieval request of said client's back-up files shall be payable. You agree that you solely responsible for independent backup of data stored on any TANTRUMEDIA provided server or network.
LIMITATION OF LIABILITY
You agree that TANTRUMEDIA will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to TANTRUMEDIA at the time) which may exist in the Services or in TANTRUMEDIA's equipment used to provide the Services.
Under no circumstances will TANTRUMEDIA be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. TANTRUMEDIA will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to TANTRUMEDIA's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement; The maximum liability to TANTRUMEDIA under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual monetary amount paid by Customer for the Services which gave rise to any such damage, loss or cause of action during the financial year in which the damage, loss or cause of action arose.
This limitation of liability reflects an informed and voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. You agree that the terms within this section will survive any termination of this Agreement.
YOU AGREE TO FULLY & WHOLLY INDEMNIFY US AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSS OF EARNINGS DIRECT OR INDIRECT, DAMAGES, LOSSES, AND ANY & ALL COSTS AND EXPENSES SUFFERED BY YOU OR LEVIED AGAINST YOU ARISING AS A RESULT OF USING ANY SERVICE OR PRODUCT PROVIDED BY TANTRUMEDIA LIMITED. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE IN ANY WAY FOR LEVELS OF PRIVACY OR LACK THEREOF WHILE USING ANY SERVICE OR PRODUCT PROVIDED BY TANTRUMEDIA LIMITED.
WEBSITES, HOSTING AND ANY AND ALL OTHER SERVICES PROVIDED BY TANTRUMEDIA LIMITED ARE PROVIDED WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM ANY TANTRUMEDIA LIMITED WEBSITE OR TANTRUMEDIA LIMITED STORAGE AREA.
YOU AGREE THAT TANTRUMEDIA LIMITED MAY NOT BE HELD LIABLE AS A RESULT OF YOU NOT BEING ABLE TO ACCESS ANY INTERNET OR WORLD WIDE WEB OR COMPUTER BASED SERVICE PROVIDED BY TANTRUMEDIA LIMITED FOR ANY REASON WHATSOEVER.
TANTRUMEDIA will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
CUSTOMER INFORMATION AND LEGAL PROCESS
Although TANTRUMEDIA maintains strict confidentiality on Customer's information, there are certain exceptions in which TANTRUMEDIA may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. TANTRUMEDIA has no obligation to notify Customer about whom the information is sought or that TANTRUMEDIA has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
Although TANTRUMEDIA takes steps to secure data held on it's computers, data servers and upon paper within and outside it's registered office and other premises, the Customer agrees to defend, indemnify and hold TANTRUMEDIA harmless of any and all demands, liabilities, losses, costs and claims, including legal fees asserted against TANTRUMEDIA, its agents, its customers, officers and employees, arising out of any data or information held or stored by TANTRUMEDIA on behalf of the Customer being copied, lost, stolen, released into the public domain or used by any other party.
We may hold personal data relating to the transactions you enter into with us or other companies. When you purchase items or services from us, we collect your name, address, telephone number, e-mail address, credit card details and so on, to allow us to process your order and to keep you up to date with processing. We may check your credit status and credit account details for ordering and to billing purposes in respect to services or products. We may use the data collected to obtain clearance of your credit card payment. In any case we comply fully with current UK data protection acts and legislation.
We may use your data to let you know about products and services that may be of interest, both from us and other trusted companies. You are well within your rights to refuse this service. If you would rather not receive this information, please send an e-mail to us and we will remove you from our information list immediately.
Unless otherwise stated here, your data will not be disclosed to any third party. We will not rent or sell your personal information without your permission, other than as part of a sale of the whole or a substantial part of the company Tantrumedia Limited. The information you provide may be transferred outside the European Economic Area ("EEA"). Some of these countries may not have similar data protection legislation. By submitting your information you consent to these transfers.
TANTRUMEDIA may disclose your personal data acting in good faith if it believes such action is necessary: to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of TANTRUMEDIA, enforce this online agreement, act to protect the interests of its users.
Questions about your personal data or your rights under this online agreement should be directed to company address in writing, or by e-mailing us.
Customer will not have the right to assign this Agreement without the prior written consent of TANTRUMEDIA.
By entering any competition on any TANTRUMEDIA Limited website, entrants agree to be bound by these Terms & Conditions. Competitions are organised from time to time by TANTRUMEDIA Limited, a company in England and Wales (Company Number 4837695) whose registered office is at 113 Wallasey Road, Wallasey, Wirral, CH44 2AA, United Kingdom.
Terms & Conditions specific to each competition are displayed within the text of each competition as published. In the event of discrepancy between these Terms & Conditions and the Terms & Conditions laid out herewithin, the Terms & Conditions laid out herewithin shall prevail.
We reserve the right to cancel or amend the competition Terms & Conditions or the Terms & Conditions laid out herewithin at any time without prior notice. Any changes will be posted either within the competition Terms & Conditions or these Terms & Conditions. A copy of the Terms & Conditions may also be obtained by sending a stamped addressed envelope to: T&C, TANTRUMEDIA Ltd., 113 Wallasey Road, Wallasey, Wirral, CH44 2AA.
In the event of any dispute regarding the Terms & Conditions, conduct, results and any and all other matters relating to a competition, the decision of TANTRUMEDIA Ltd. shall be final and no correspondence nor discussion will be entered into.
We reserve the right to verify the eligibility of all entrants. Competitions are only open to residents of the United Kingdom. Employees of TANTRUMEDIA Ltd., companies involved in our competitions, any associated companies or family members of any of the aforementioned may not enter. Additional eligibility requirements may apply to specific competitions where prize involve travel outside the United Kingdom.
By entering the competition, you hereby warrant that all information submitted by you is true, current and complete. You warrant that either you have the legal capacity to enter the competition or your legal guardian(s) have consented to your entry and agree to the Terms & Conditions.
We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has breached any of these Terms & Conditions. In the event that any entrant is disqualified from the competition, we may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to the same Terms & Conditions.
Only one entry per person per competition is allowed.
Competition entries must be received by the closing date specified. Competition entries must be received in a manner described in the competition Terms & Conditions. Failure to do so will disqualify the entry.
There is no purchase requirement to enter a competition. Where participation in a competition involves making a premium rate telephone call the competition Terms & Conditions will include details of estimated length and typical cost of any call and any additional information that TANTRUMEDIA Ltd. must supply in compliance with ICSTIS (or any other relevant governing body) Terms & Conditions.
Proof of posting is not proof of delivery. TANTRUMEDIA Ltd. cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
TANTRUMEDIA Ltd. does not accept responsibility for the return of any competition entries, including those consisting of artistic or other material.
Prize winners will be chosen at random unless specified otherwise in the competition Terms & Conditions, from all qualifying entries within 28 days of the closing date specified in the competition Terms & Conditions. Tie-breakers will be judged by TANTRUMEDIA Ltd. and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and TANTRUMEDIA Ltd. shall be final and no correspondence or discussion shall be entered into.
Prize winners will be notified in the manner and within the time specified in the competition Terms & Conditions. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Winning entries are published on website(s) or supplied in writing by including a self-addressed stamped envelope and writing to; Competition Winners, TANTRUMEDIA Ltd. 113 Wallasey Road, Wallasey, Wirral, CH44 2AA, United Kingdom, stating the specific competition required.
Claims for prizes must be made in accordance with the competition Terms & Conditions. Failure to claim a prize in the manner specified may result in disqualification and selection of an alternate winner. Prizes are awarded at TANTRUMEDIA Ltd.’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Prizes are non-transferable and there is no cash alternative. TANTRUMEDIA Ltd. reserves the right to substitute prizes of equal or greater value at any time. Where a prize may not be appropriate for a young contestants, a minimum age for entry will be stated in the competition Terms & Conditions and must be observed. We reserve the right to request written proof of age of any winner.
All costs and other expenses including but not limited to taxes, insurances, meals and upgrades outside the specific competition prize(s) as notified, unless specifically stated, are the sole responsibility of the prize winner.
In consideration of TANTRUMEDIA Ltd. agreeing to consider entrants to the competition, each entrant hereby assigns to TANTRUMEDIA Ltd. the complete copyright and all other rights in any entry, which shall be for the full period of copyright. TANTRUMEDIA Ltd. shall be free to assign such rights to third parties. Any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, or otherwise in contradiction of any law in England & Wales. Where appropriate TANTRUMEDIA Ltd. reserves the right, to monitor information provided by you and to edit the same entirely at it’s own discretion.
TANTRUMEDIA Ltd. cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. TANTRUMEDIA Ltd. is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other persons computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
Winners may be requested to take part in promotional activity and TANTRUMEDIA Ltd. reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent.
This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.
The Customer agrees it is their sole responsibility to read and agree to all the above Terms and Conditions before entering into any agreement or provision of service with TANTRUMEDIA Limited. TANTRUMEDIA reserves the right to revise its policies or terms and conditions at any time, and your continued use of any TANTRUMEDIA Limited website or service following any change shall be deemed to be your acceptance of such changes to policies or terms and conditions.
Entering into any agreement, purchase, provision of service or soliciting TANTRUMEDIA Limited in any way shall be seen and deemed as full acceptance of all Terms and Conditions as outlined. As part of these Terms and Conditions the Customer agrees that it is their sole responsibility to regularly check these Terms and Conditions for any changes as they may occur from time to time.
ENTIRE AGREEMENT AND SEVERABILITY
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use, or is a corporation or other legal corporate entity, duly organized, validly existing and in good standing under the laws of its country of origin and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
You agree to fully & wholly indemnify us against any and all claims, liabilities, loss of earnings direct or indirect, damages, losses, and any & all costs and expenses suffered by you or levied against you arising as a result of using any service or product provided by Tantrumedia limited.
You understand and agree that we shall not be in any way responsible or liable in any way for levels of privacy or lack thereof while using any service or product provided by Tantrumedia limited.
All websites hosted by Tantrumedia and any and all services provided by Tantrumedia limited are provided with no warranties of any kind, whether express or implied.
You understand and agree that we shall not be in any way responsible or liable for any loss suffered as a result of uploading to or downloading from any Tantrumedia limited website or any other Tantrumedia limited storage area.
You agree that Tantrumedia limited may not be held liable for any compensation, monetary or otherwise, as a result of you not being able to access any internet or world wide web or computer based service provided by Tantrumedia limited for any reason whatsoever.
NOTWITHSTANDING ANY OTHER PROVISION, WE MAY NOT LIMIT YOUR CONSUMER RIGHTS UNDER ENGLISH LAW. IF ANY STATEMENT WITHIN THESE CONDITIONS IS DEEMED TO BE UNLAWFUL, OR UNENFORCEABLE, THEN THAT STATEMENT SHALL BE DEEMED SEVERED FROM THESE CONDITIONS AND SHALL NOT EFFECT THE VALIDITY OF ANY OTHER STATEMENT WITHIN THESE CONDITIONS.