Terms And Conditions | Pure Drum Resources

TERMS AND CONDITIONS

The following is the terms of the agreement between Pure Drum REsources the (“Company”) and the buyer (“Buyer”) of digital products/sheet music (“Product”) through the Company’s Website the (t“Site”).

1. Introduction

Buyer agrees to the TERMS AND CONDITIONS outlined in this document with respect to the Product, goods, services and information provided by or through the Site. This TERMS AND CONDITIONS constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this TERMS AND CONDITIONS. Buyer agrees to review this TERMS AND CONDITIONS prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this TERMS AND CONDITIONS.

2. Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

3. Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. INTELLECTUAL PROPERTY RIGHTS

All content, Products, images, materials, and designs provided on the Site are the intellectual property of the Company and/or suppliers. After purchase, Buyer receives a copy of the original Product in a PDF format. The original Product will always remain the property of the Company. You may not, under any circumstances, copy, resell, share, distribute, alter or reproduce the Product or received link in any way whatsoever.

5. Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published on the Site, Company may modify this TERMS AND CONDITIONS, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this TERMS AND CONDITIONS will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

6. Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any Product or services is subject to availability.

The Company reserves the right, in its sole discretion, to refuse service at any time, to terminate your access to the Product and the related services or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the Product guidelines, or if You otherwise violate this TERMS AND CONDITIONS. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

7. Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this TERMS AND CONDITIONS or use of the Site.

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Product and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

8. Non-Transferable

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

9. Disclaimer

THE SERVICE, CONTENT, GOODS, PRODUCTS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

10. Refund Policy

All sales of the Products are final. Due to the nature of digital downloads; we do not offer refunds, exchanges, or money-back guarantees. It is Buyers sole responsibility to ensure that the Product is correct before making the purchase.

Should the Buyer not receive the Product that was purchased due to a technical fault, it will be the Buyer’s sole responsibility to inform the Company through email. After payment can be validated, the Company will make every reasonable effort to resend the same Product that was purchased to the Buyer’s verified email address in a PDF format.

Should the Buyer receive a Product different to the Product that was purchased due to a technical fault, it will be the Buyer’s sole responsibility to inform the Company through email. After payment can be validated and the Buyer’s selected Product verified, the Company will make every reasonable effort to resend the correct Product to the Buyer’s verified email address in a PDF format.

11. Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

12. PRODUCT DESCRIPTION AND DELIVERY

The Product is a downloadable PDF file of the purchased Product.

Although every effort is made to ensure accuracy of the Product, the Company will not be held liable for any errors that might occur in any way whatsoever. The Company’s Product will remain an interpretation of the Product through the use of available resources. The Buyer can bring any errors to the Company’s attention through email.

Upon payment, Buyer will receive access to the Product that has been purchased through a link send to Buyer’s email address. The Product will be delivered to Buyer’s email address in a PDF format. The Buyer takes full responsibility for supplying the Company with the Buyer’s correct email address and ensuring that the provided email address is active and in full working order. Failure by the Buyer to provide their correct email address will lead to the Product not being delivered to the Buyer. It will be Buyer’s sole responsibility to inform the Company though email, should the Buyer not receive the purchased Product due to incorrect details or any other reason whatsoever.

13. Governing law

This Contract shall be treated as though it were executed and performed in South Africa and shall be governed by and construed in accordance with the laws of South Africa (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

14. Litigation

All legal proceedings arising out of or in connection with this TERMS AND CONDITIONS shall be brought solely in South Africa and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this TERMS AND CONDITIONS be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this TERMS AND CONDITIONS, this TERMS AND CONDITIONS shall take precedence. Failure of Company to enforce any provision of this TERMS AND CONDITIONS shall not be deemed a waiver of such provision nor of the right to enforce such provision.

15. Acknowledgment

This Agreement, along with the Company’s Privacy Policy, constitutes the entire agreement between Buyer and the Company with respect to the Product, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Buyer and the Company with respect to the Product. A printed version of this TERMS AND CONDITIONS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BY CONTINUING TO USE THE SITE IN ANY WAY WATSOEVER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITION. If you do not agree to the TERMS AND CONDITIONS please STOP USING THE SITE IN ITS ENTIRETY WITH IMMEDIATE EFFECT.