TAUGHT BY SONG LIMITED
TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS

This page (together with the documents referred to on it) tells you the terms and
conditions on which we supply any of the products (Products) listed on our website www.taughtbysong.com (our site) to you. Please read these terms and conditions
carefully before ordering any Products from our site. You should understand that by
ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

1.1 www.taughtbysong.com is a site operated by Taught By Song Limited (we/us/our).
1.2 We are registered in England and Wales under company number 05832436 and with
our registered office at 3 Berry Lane, Blueberry, Oxfordshire , OX11 9QJ.
Our main trading address is Yew Tree House , Berrick Salome, Oxfordshire , OX10 6JQ.
Our VAT number is 920 3653 48.

2. YOUR STATUS

2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have
received your order and will be despatched within 14 ( fourteen ) working days.
3.2 The contract between us (Contract) will only be formed when we confirm the order.

4. CONSUMER RIGHTS

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within
seven working days, beginning on the day after you received the Products. In this case,
you will receive a full refund of the price paid for the Products in accordance with our
refunds policy (set out in [ Section 8 ] below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5. AVAILABILITY AND DELIVERY

5.1 Your order will be fulfilled by the delivery date set out in this agreement or, if no delivery date is specified, then within [30 days] of the date of the order, unless there are exceptional circumstances.

6. RISK AND TITLE

6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will remain with us at all times. You will be granted a licence to use the Products on the terms of the software licence agreement set out in [ EULA ].

7. PRICE AND PAYMENT

7.1 The price of any Products will be as quoted on our site from time to time, except in
cases of obvious error.
7.2 These prices exclude VAT and delivery costs, which will be added to the total amount
due as set out in our Buy section.
7.3 Payment for all Products must be by Paypal , credit card , debit card or cheque ( UK ) .
We accept payment with Visa and MasterCard.

8. OUR REFUNDS POLICY

8.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off
period above, we will process the refund due to you as soon as possible and, in any case, within thirty days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason, we will examine the returned Product and will notify you of your
refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges.
8.2 We will usually refund any money received from you using the same method originally
used by you to pay for your purchase.

9. OUR LIABILITY

9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind
are commonly supplied.
[in the terms of the warranties set out in the software licence agreement in [EULA].
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly
limited to the purchase price of the Product you purchased
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude,
our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main
loss or damage (such as loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipated savings, loss of data, waste of management or office time)
however arising and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.

10. IMPORT DUTY

10.1 If you order Products from our site for delivery outside the UK, they may be subject to
import duties and taxes which are levied when the delivery reaches the specified destination.
You will be responsible for payment of any such import duties and taxes. Please note that we
have no control over these charges and cannot predict their amount. Please contact your
local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the
country for which the products are destined. We will not be liable for any breach by
you of any such laws.

11. WRITTEN COMMUNICATIONS

11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
11.2 For contractual purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other communications that
we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. NOTICES

12.1 All notices given by you to us must be given to Taught By Song Limited at
[info@taughtbysong.com]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 11 above.
12.2 Notice will be deemed received and properly served three days after the date of posting of any item. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. TRANSFER OF RIGHTS AND OBLIGATIONS

13.1 The Contract between you and us is binding on you and us and on our respective
successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of
your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of
any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly
stated to be a waiver and is communicated to you in writing in accordance with condition 12 above.

16. SEVERABILITY

16.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. LAW AND JURISDICTION

19.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

© Taught By Song Ltd 2007

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Privacy statement

Taught By Song Limited ("We") are committed to protecting and respecting your privacy.

This policy (together with our terms of and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is Taught By Song Limited whose registered office is at 3 Berry Lane, Blewbury, Oxon, OX11 9QJ.

Information we may collect from you

We may collect and process the following data about you:

· Information that you provide by filling in forms on our site www.taughtbysong.com (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Taught By Song Limited, and when you report a problem with our site.

· If you contact us, we may keep a record of that correspondence.

· We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

· Details of transactions you carry out through our site and of the fulfilment of your orders.

· Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

· To estimate our audience size and usage pattern.

· To store information about your preferences, and so allow us to customise our site according to your individual interests.

· To speed up your searches.

· To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows
you to refuse the setting of cookies. However, if you select this setting you may be unable
to access certain parts of our site. Unless you have adjusted your browser setting so that
it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

· To ensure that content from our site is presented in the most effective manner for you and for your computer.

· To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

· To carry out our obligations arising from any contracts entered into between you and us.

· To allow you to participate in interactive features of our service, when you choose to do so.

· To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means
(e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties
for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

· In the event that we sell or buy any business or assets, in which case we may disclose personal data to the prospective seller or buyer of such business or assets.

· If Taught By Song Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

· If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Taught By Song Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes.
We will usually inform you (before collecting your data) if we intend to use your data for
such purposes or if we intend to disclose your information to any third party for such
purposes. You can exercise your right to prevent such processing by checking certain
boxes on the forms} we use to collect your data. You can also exercise the right at any time by contacting us at info@taughtbysong.com.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@taughtbysong.com.