Terms of service

 

Termite Audio Terms of Service

 


Last updated: [DATE]


 

OVERVIEW

 


Welcome to Termite Audio. The terms “we”, “us” and “our” refer to Termite Audio. We operate this website and store, including all related information, content, features, tools, products and services (the “Services”).


Our store is powered by Shopify, which enables us to provide the Services to you.


These Terms of Service, together with any policies referenced in them, including our Privacy Policy and Refund Policy, set out the terms on which you may access and use the Services.


Please read these Terms carefully before using the Services. By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

 

 

 

SECTION 1 - ACCESS AND ACCOUNT

 


By agreeing to these Terms, you confirm that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority and have given us your consent to allow any minor dependants to use the Services on devices you own or control.


To use the Services, including purchasing products, you may be asked to provide certain information such as your name, email address, billing address and payment details. You agree that all information you provide is accurate, current and complete.


You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, sublicense or assign your account to any other person.

 

 

 

SECTION 2 - OUR PRODUCTS

 


Termite Audio sells digital products, including downloadable software, licence keys, updates and related digital content.


We make reasonable efforts to ensure that product descriptions, screenshots, demos and compatibility information are accurate. However, product appearance may vary depending on your device, host software, operating system, display, settings and configuration.


You are responsible for reviewing the listed system requirements, compatibility information and any product-specific requirements before purchase. Unless expressly stated otherwise, our software is provided only for the platforms, host applications, operating systems and versions listed on the relevant product page.


We may update, modify or discontinue products at any time. We do not guarantee that any product will remain available indefinitely or that future versions will include the same features as earlier versions.

 

 

 

SECTION 3 - ORDERS

 


When you place an order, you are making an offer to purchase. We reserve the right to accept or reject any order at our discretion. An order is accepted only when we send you an order confirmation or otherwise make the product available to you.


We may refuse or cancel an order where we suspect fraud, unauthorised payment, breach of these Terms, pricing or description error, or misuse of our Services.


Because our products are digital, once an order has been accepted and the product has been supplied, downloaded, accessed, activated or a licence key has been issued, cancellation may not be possible except as provided in our Refund Policy and as required by applicable law. For EU consumers, the right to withdraw from a digital-content purchase may be lost where you expressly consent to immediate supply and acknowledge that your withdrawal right will be lost once supply begins. 


All purchases are subject to our Refund Policy [LINK].


You agree that purchases are for your own lawful use and not for resale, redistribution or unauthorised commercial exploitation unless we have expressly agreed otherwise in writing.

 

 

 

SECTION 4 - PRICES AND BILLING

 


Prices, discounts and promotions may change at any time without notice. The price charged will be the price shown at checkout at the time the order is submitted.


Prices shown may or may not include VAT, sales tax or similar taxes depending on your location and checkout presentation. Any applicable taxes will be shown at checkout where required.


You agree to provide current, complete and accurate billing, payment and account information for all purchases and to update that information promptly where necessary.


You confirm that you are authorised to use the payment method provided and that all charges incurred will be honoured.

 

 

 

SECTION 5 - DELIVERY OF DIGITAL PRODUCTS

 


All products sold through the Services are delivered electronically unless we expressly state otherwise.


Delivery is usually made by download link, licence key, account access, email, or another digital fulfilment method. Delivery times are estimates only and are not guaranteed.


You are responsible for providing a valid email address and for checking spam or junk folders if you do not receive fulfilment communications.


We are not responsible for delivery failure caused by incorrect customer information, email filtering, third-party platform outages, internet connectivity issues, or incompatibility with unsupported systems.


For digital content, supply is treated as beginning when we send the download link, make the product available in your account, issue a licence key, or otherwise provide access.

 

 

 

SECTION 6 - SOFTWARE LICENCE AND INTELLECTUAL PROPERTY

 


All software, audio, graphics, text, code, trademarks, logos, videos, product names and other content made available through the Services are owned by or licensed to Termite Audio and are protected by intellectual property laws.


Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to download, install and use the software for your own personal or internal business use, in accordance with any product-specific licence terms we provide.


Unless expressly permitted by law or by us in writing, you must not:

 

  • copy, reproduce, redistribute, resell, lease, sublicense or share the software or any licence key;

  • modify, adapt, translate, reverse engineer, decompile or disassemble the software;

  • remove copyright, branding or proprietary notices;

  • make the software available over a network where it could be used by multiple users beyond the scope of the licence purchased;

  • use the software in a way that infringes our rights or the rights of any third party.

 


All rights not expressly granted are reserved.

 

 

 

SECTION 7 - OPTIONAL TOOLS

 


We may provide access to third-party tools, integrations or services. We do not control and are not responsible for those third-party tools.


Your use of optional third-party tools is entirely at your own risk and subject to the terms of the relevant third-party provider.

 

 

 

SECTION 8 - THIRD-PARTY LINKS

 


The Services may contain links to third-party websites, products or services. We are not responsible for the content, accuracy, policies or practices of third parties.


If you access third-party websites or services, you do so at your own risk.

 

 

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY

 


Termite Audio is powered by Shopify, which enables us to operate this store and provide the Services. However, any contract of sale for products purchased through this store is between you and Termite Audio, not between you and Shopify.


To the extent permitted by law, Shopify and its affiliates are not responsible for any aspect of the sale, licensing, delivery, support or use of products purchased from Termite Audio.

 

 

 

SECTION 10 - PRIVACY POLICY

 


All personal information collected through the Services is handled in accordance with our Privacy Policy [LINK]. Some personal information may also be processed by Shopify in order to provide the storefront, checkout, payments and related services.


By using the Services, you acknowledge that you have read our Privacy Policy.

 

 

 

SECTION 11 - FEEDBACK

 


If you submit suggestions, ideas, feature requests, feedback, reviews or similar materials to us, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, publish and otherwise exploit that feedback for any lawful purpose, without compensation to you.


You confirm that you have the right to provide any feedback you submit.

 

 

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

 


Occasionally there may be typographical errors, inaccuracies or omissions relating to product descriptions, compatibility, pricing, promotions or availability. We reserve the right to correct such errors and to change or update information or cancel orders where necessary.

 

 

 

SECTION 13 - PROHIBITED USES

 


You may use the Services only for lawful purposes.


You must not use the Services:

 

  • in breach of any law or regulation;

  • to infringe intellectual property or other rights;

  • to distribute malware, harmful code or unauthorised automated requests;

  • to scrape, copy, extract or harvest data or content without permission;

  • to interfere with the operation or security of the Services;

  • to obtain or attempt to obtain unauthorised access to any part of the Services;

  • to misuse licence keys, activation systems, download systems or support channels;

  • to impersonate another person or misrepresent your identity.

 


We may suspend or terminate access where we reasonably believe you have breached these Terms.

 

 

 

SECTION 14 - AGENTS

 


This section applies if you use any software agent, bot, automation or similar system to access or interact with the Services.


No agent may access the Services in a way that conceals its automated nature, circumvents technical restrictions, bypasses security controls, or misrepresents itself as a human user.


We may limit or block automated access at any time.

 

 

 

SECTION 15 - TERMINATION

 


We may suspend or terminate your access to the Services if you breach these Terms or if we reasonably believe it is necessary to protect the Services, our business or other users.


Termination does not affect any accrued rights or obligations.


Sections which by their nature should survive termination will continue in force, including those relating to intellectual property, licence restrictions, liability, governing law and dispute resolution.

 

 

 

SECTION 16 - CONSUMER RIGHTS; DISCLAIMER OF WARRANTIES

 


Nothing in these Terms excludes, restricts or limits any rights or remedies that cannot lawfully be excluded or limited under applicable consumer law.


If you are a consumer, you may have legal rights where digital content is faulty, not as described, or does not conform to the contract. In the UK, statutory remedies for digital content can include repair or replacement and, in some cases, price reduction or refund. 


Subject to the paragraph above, and except as expressly stated in these Terms or in any applicable Refund Policy, the Services and products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.


We do not warrant that the Services will be uninterrupted, secure or error-free, or that any software will be compatible with systems other than those expressly stated as supported.

 

 

 

SECTION 17 - LIMITATION OF LIABILITY

 


Nothing in these Terms excludes or limits liability for:

 

  • death or personal injury caused by negligence;

  • fraud or fraudulent misrepresentation;

  • breach of statutory rights relating to digital content, goods or services;

  • any other liability that cannot lawfully be excluded or limited. 

 


Subject to the paragraph above, and to the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of business, loss of goodwill or loss of data.


Subject to the same, our total aggregate liability arising out of or in connection with the Services or any product shall not exceed the amount paid by you for the relevant product giving rise to the claim.


This section does not affect any non-excludable consumer remedies.

 

 

 

SECTION 18 - INDEMNIFICATION

 


To the extent permitted by law, you agree to indemnify and hold harmless Termite Audio, its officers, employees, contractors and service providers from claims, losses, liabilities and expenses arising out of your breach of these Terms, your unlawful use of the Services, or your infringement of any third-party rights.


This section does not require you to indemnify us for our own negligence, fraud or breach of law.

 

 

 

SECTION 19 - SEVERABILITY

 


If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

 

 

 

SECTION 20 - WAIVER; ENTIRE AGREEMENT

 


If we do not enforce a right or provision of these Terms, that will not constitute a waiver.


These Terms, together with any policies referenced in them, form the entire agreement between you and us regarding the Services.

 

 

 

SECTION 21 - ASSIGNMENT

 


You may not assign or transfer your rights or obligations under these Terms without our prior written consent.


We may assign or transfer our rights and obligations under these Terms as part of a business reorganisation, sale or transfer of assets, or by operation of law.

 

 

 

SECTION 22 - GOVERNING LAW AND JURISDICTION

 


These Terms and any dispute or claim arising out of or in connection with them shall be governed by the law of England and Wales.


If you are a consumer resident in the UK, you may bring proceedings in the courts of the part of the UK in which you live. If you are a consumer resident in the EU, you may also have the benefit of any mandatory consumer protections and local jurisdiction rights available under applicable law.


If you are acting in the course of a business, the courts of England and Wales shall have exclusive jurisdiction.

 

 

 

SECTION 23 - HEADINGS

 


Headings are for convenience only and do not affect interpretation.

 

 

 

SECTION 24 - CHANGES TO THESE TERMS

 


We may update these Terms from time to time. The latest version will always be posted on this page with the “Last updated” date.


Where required by law, we will notify you of material changes in an appropriate manner. Your continued use of the Services after any such changes take effect constitutes your acceptance of the revised Terms.

 

 

 

SECTION 25 - CONTACT INFORMATION

 


Questions about these Terms should be sent to:


Termite Audio

Email: beardymanagement@gmail.com

Business address: 

30 Priors Grove Close

Warwick

CV34 6LY

Business registration number: 06293935

VAT number: 907558990