Terms of Use & Conditions of Sale

TERMS OF USE

WHO WE ARE AND HOW TO CONTACT US:

www.clicknclear.com ("the Site") is a website operated by Pre-Cleared Ltd, trading as “ClicknClear” ("we", "us") a company registered in England and Wales under company number 10350620 and have our registered office at at International House, 24 Holborn Viaduct, London, EC1A 2BN. Our VAT number is 288 7330 60.

We are a private limited company.

To contact us, please email info@clicknclear.com.

 

BY USING THE SITE YOU ACCEPT THESE TERMS:

By using the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Site.

 

We recommend that you print a copy of these terms for future reference.

 

ELECTRONIC COMMUNICATIONS:

When you send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU:

These terms of use refer to the following additional terms, which also apply to your use of the Site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

If you purchase a license to content from the Site, our Conditions of Sale and Terms and Conditions for Licensing content will apply.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

WE MAY CHANGE, SUSPEND OR WITHDRAW THE SITE OR PRODUCTS:

The Site is made available free of charge. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

We do not guarantee that the Site, or any content or products on it, will always be available or be uninterrupted.

 

We reserve the right to update and change the Site from time to time to reflect changes to our products, our users' needs and our business priorities. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give registered users notice of any suspension or withdrawal.

 

Items available for purchase on or through the Site are appropriate for use or available only under these Conditions of Sale and the terms and conditions for licencing.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE AND UP TO DATE:

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and should take all necessary steps to ensure that passwords and other information are kept confidential and secure. You must not disclose it to any third party.

 

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. should take all necessary steps to ensure that the password is kept confidential and secure

 

You are responsible for ensuring that any information you provide us with is correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the My Account area of the website.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use, conditions of sale or terms and conditions for licensing.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@clicknclear.com.

 

HOW YOU MAY USE MATERIAL ON THE SITE:

All content included in or made available through the Site is the property of Pre-Cleared Ltd or its content licensors and suppliers and is protected by English and international copyright, authors' rights and database right laws. All such rights are reserved. The compilation of all content included in or made available through the Site is our exclusive property and is protected by English and international copyright and database right laws.

 

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Site.


This licence does not include any resale or commercial use of any of the Site’s contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools (whether once or many times). You may not extract and/or re-utilise parts of the content of the Site without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Site (for example without limitation our prices and product listings) without our express written consent. No part of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

 

You may not misuse the Site. You may use the website only as permitted by law and must not use it: (i) in any way that causes, or is likely to cause, the website or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

 

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies including without limitation our terms and conditions for licensing.

 

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

 

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

ClicknClear is a registered trademark of Pre-Cleared Ltd. All rights are reserved. The slogans Listen License MixEmpowering Performance Sport Through Music, and Officially Licensed Music for Performance Sports are our trademarks. All rights are reserved. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Pre-Cleared Ltd. All rights are reserved. Our trademarks and trade dress may not be used in connection with any product or service that is not Pre-Cleared Ltd’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

All rights not expressly granted to you in these Terms of Use, Conditions of Sale, and any licenses you may purchase from us are reserved and retained by us and/or our licensors, suppliers, publishers, rights holders, or other content providers.

RULES ABOUT LINKING TO THE SITE:

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not use any meta tags or any other "hidden text" utilising our names or trademarks without our express written consent. You must not establish a link to the Site in any website that is not owned by you.

 

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) on any other site, nor may you create a link to any part of the Site other than the home page.

 

We reserve the right to withdraw linking permission from you without notice in our sole discretion.

 

If you wish to link to or make any use of content on the Site other than that set out above, please contact info@clicknclear.com.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

 

Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

 

YOUR RESPONSIBILITY FOR AUDITIONING AND SELECTION OF MUSIC TRACKS, AND VISITING WEBSITES WE LINK TO WE LINK TO:

We have a wide selection of music available to license, covering many genres, and opinions on music are very subjective. You are responsible for carefully assessing the suitability of the tracks you are auditioning for your purpose, including without limitation the suitability of lyrics or any association that may exist with each track or its authors or performer.

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site; or

  • use of or reliance on any content displayed on the Site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

We do not exclude or limit in any way our liability to consumers where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM:

We do not guarantee that the Site will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

 

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

 

WHICH COUNTRY'S LAWS APPLY TO YOUR USE OF THE WEBSITE AND ANY DISPUTES:

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Site shall be filed only in England and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens. If you live outside of England and Wales, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

 

Notwithstanding the foregoing, we shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief.

 

Any dispute will take place on an individual, non-representative basis - class actions are not permitted.

 

MISCELLANEOUS:

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

CONDITIONS OF SALE

These Conditions of Sale govern the sale of products by Pre-Cleared Ltd (“we”, “us”) to you, in addition to the Terms of Use of the Site which are hereby incorporated in these Conditions of Sale and all defined terms in the Terms of Use have the same meaning in these Conditions of Sale.

 

ClicknClear is a trading name of Pre-Cleared Ltd.

 

Please read these conditions carefully before placing an order with us – by placing an order with us, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail").

 

The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail").

 

If your order is dispatched in more than one parts, you may receive a separate Dispatch Confirmation E-mail for each part, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail.

 

Your contract is with Pre-Cleared Ltd. You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel ceases to apply once the products are made available for you to download or your use of them has begun (whichever is earlier).

 

You consent to receive sales invoices electronically. Electronic invoices will be made available in the My Account area of the web site.

 

For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

 

2. CANCELLATION 

Once a permanent download of a license agreement and/or a digital downloadable file has been made available for download by you, the order cannot be cancelled and no refund will be offered. 

 

Each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale.

 

If a delay occurs before the products are made available for download by you, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to the products being made available for download by you.

3. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT in the UK or any other territory-based sales tax.

 

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.

 

As we process your order, we will inform you as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

 

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and make the product available to you.

4. PRODUCT INFORMATION

We are not the creator of the products licensed via this website. While we work to ensure that product information on the Site is correct, all information about the products on the Site is provided for information purposes only. We accept no liability for inaccuracies or misstatements about products by our suppliers or other third parties. This does not affect your statutory rights.

5. OUR LIABILITY

We (and our affiliates) will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

 

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

 

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products made available for download by you within a reasonable time. If the delay occurs before the products are made available for download by you, we will not charge you for the products until they are made available for download by you and you may cancel your order at any time prior to them being made available for download by you.

6. AMENDMENTS

We reserve the right to make changes to the Site, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you).

 

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

7. PERSONS UNDER 18 YEARS OLD

We do not sell products for purchase by people under 18 years old, even if the product's use is permitted or intended for people younger than 18. If you are under 18 you may only purchase form the Site with the involvement of a parent or guardian.

 
 
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© 2020 Pre-Cleared Limited T/A ClicknClear.
 

ClicknClear is a Registered Trademark of Pre-Cleared Limited.

Listen License Mix, Empowering Performance Sport Through Music  and Officially Licensed Music for Performance Sports are trademarks of Pre-Cleared Limited.

All rights reserved.