Terms and Conditions
Site terms for Channel4 Radio
This Site is owned and operated by Channel Four Television Corporation and 4 Ventures Limited (Company number 04106849, Vat Registration Number 626475817) of 124 Horseferry Road, London SW1P 2TX (together "Channel 4"). Please read these terms and conditions carefully, they are the terms of use for this Site as provided by Channel 4.
1 INTRODUCTION
1.1 These are the terms and conditions of use (Terms) for www.channel4radio.com (the Site). All dealings through the Site are subject to these Terms. Your use of the Site constitutes acceptance of these Terms as a legally binding agreement. If you do not agree with these Terms you must not use the Site. Channel 4 may vary these Terms from time to time at its discretion by publishing revised terms on the Site. From the time of publication you shall be bound by these Terms as revised. Channel 4 therefore advises you to frequently check these Terms.
1.2 The Site provides access to digital recordings of speech, music, artwork, audio visual material, software and other associated products (Content) that, for payment of the applicable fee where applicable, you may listen to, view or download in accordance with these Terms. The process of accessing such material is set out at Clause 6.1 below.
2 DEFINITIONS
2.1 In these Terms the following phrases shall have the following meanings, where the context permits:
Acceptance means as defined in Clause 6;
Consumer means a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 (as amended) apply, is acting for purposes that are outside his or her business;
Content means as defined in Clause 1.2;
Process means the process through which you communicate with Channel 4 with a view to the purchase by you of Content, all as described in Clause 6;
Working Day means a day on which banks are open for business in London, and excludes weekends and public holidays;
you means an individual user of the Site.
3 AGE RESTRICTION, REGISTRATION AND SECURITY
3.1 You must be aged 16 or over to use the Site. By placing an order with Channel 4, even for free content, you confirm that you are of legal age to purchase the Content.
3.2 To place an order for free or paid-for content on the Site you must be a registered user of the Site. To register you must provide certain information including but not limited to a user name, password and valid email address. Channel 4 will use this information in accordance with the privacy policy set out below. As a registered user of the Service you will set up an account through which you may make purchases and use the other services provided by the Site (Your Account).
3.3 You shall not reveal the personal information of Your Account to any third party and will take all reasonable steps to ensure the security of your password, membership number and name and other relevant information. Channel 4 will not be held responsible for any losses incurred due to unauthorised use of Your Account by any third party. It is your responsibility to bring to Channel 4s attention any unauthorised use of Your Account as soon as possible. You may not enter the Site using details of another user. It is your responsibility to ensure all data relating to Your Account has been entered correctly and kept up to date.
4 SYSTEM REQUIREMENTS
Prior to accepting these Terms, please ensure that the device through which you are accessing the Content meets the specifications required. Use of the Content requires a compatible computer, internet access and certain software. Any fees payable for any such hardware, internet access or software shall be your responsibility. If you need information on the specifications of any equipment, internet access or software required to Channel 4s services please consult the FAQ page of the website or email support@channel4radio.com.
5 USING THE SITE
5.1 Wherever you are asked to provide information in connection with the Site, you agree to provide true, accurate, current and complete details. You are not obliged to provide Channel 4 with any optional information requested.
5.2 You agree not to:
5.2.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or email address or try to mislead Channel 4 or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
5.2.2 modify, access or make available data or Content stored on a computer or device which you have accessed through our network, when either (a) the owner of the data, computer or device has taken steps to prevent you from doing this or (b) the owner has expressed a wish that you do not do this;
5.2.3 make available or upload files that contain Content or other material, data or information not owned by or licensed to you or collect information about others (such as names and addresses) without their prior consent;
5.2.4 damage, interfere with or disrupt access to the Site or do anything which might impair its functionality;
5.2.5 use the Site in any way to send unsolicited (commercial or otherwise) email or any material for marketing or publicity purposes, or any similar abuse of either;
5.2.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
5.2.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
5.2.8 falsify the true ownership of Content or other material or information contained in a file made available via the Site; or
5.2.9 obtain or attempt to obtain unauthorised access, through whatever means, to the Site.
5.3 You shall not use the Site for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.
5.4 You shall indemnify Channel 4 in respect of any loss that it suffers as a result, directly or indirectly, of any breach by you of this undertaking.
6 TERMS OF PURCHASE
6.1 The process by which you may order Content is as follows:
6.1.1 You will indicate the Content that you wish to order by completing the appropriate form on the Site.
6.1.2 Your order shall constitute an offer to Channel 4 to purchase the Content specified in the order. Channel 4 may accept or decline the order. If Channel 4 acknowledges your order, that shall not constitute an acceptance of it. If Channel 4 accepts the order, Channel 4 shall notify you of this acceptance (Acceptance) by email confirming the price and providing you with an identifying number for your order (the Identifying Number) which you will be required to quote in subsequent communication. Only at that point will a contract for the sale and purchase of Content come into existence.
6.1.3 If Channel 4 accepts your order you will be directed to Secure Trading and payment shall be made in accordance with Clause 7.
6.1.4 Channel 4 reserves the right at its discretion to decline to accept any order for Content from you. If Channel 4 declines to accept, or cancel, an order for which Channel 4 has received payment, Channel 4 shall refund the payment, but shall have no further or other liabilities.
6.1.5 Please note that once you have paid for the Content, Channel 4 will make it available to you through the Site.� You are not able to cancel any transaction after you have confirmed you wish to purchase the Content and authorised payment when asked to do so on the Site.� If you are unable to view the Content or complete the download process, or wish Channel 4 to provide a replacement for a download that is defective, please go to the Help section, http://www.channel4radio.com/faq.php or contact us at support@channel4radio.com.� Where this is due to Channel 4s default, Channel 4 will replace or refund the Content at its discretion.� Other than this, Content may not be returned for any reason.��
If you pre-book any Content then you will not be charged until you access the Content.� Until you do this, you can cancel this Content and are under no obligation to purchase this.
7 PRICES, CHARGES AND BILLING
7.1 The prices quoted on the Site are subject to change from time to time and are inclusive of all applicable UK taxes including VAT. There is no additional fee for delivery.
7.2 All billing is undertaken on behalf of Channel 4 by Secure Trading and references to Channel 4 in the context of charges and billing will also be deemed to refer to Secure Trading where relevant. You agree to pay via Secure Trading for any and all Content that you purchase through Channel 4 and you agree that Secure Trading may charge your designated credit or debit card for such payment. You agree that any purchase requests you make will constitute your intent and agreement to be bound by these Terms and to pay for such purchase.
8 DELIVERY
8.1 Delivery shall be by email to the address which you have registered with Channel 4 within one day of the day of receipt of your order. If delivery within one day is not possible Channel 4 shall notify you of the delay and give you a new delivery time. Time shall not be of the essence for delivery. Licences, downloads and streaming should be available immediately after Secure Trading processes your payment.
8.2 Nothing in this Clause affects your rights under Clause 6.1.5.
8.3 You must inspect the Content as soon as is reasonably practicable after delivery. Within seven Working Days of delivery you shall notify Channel 4 in detail and in writing of any defect in the Content or of any other complaint that you may have in relation to the Content. If you fail to give notice in accordance with this clause, the Content shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Content accordingly.
8.4 Subject to the conditions in Clause 8.6, if you establish to the reasonable satisfaction of Channel 4 that any Content is not in accordance with these Terms or any other contract with Channel 4 or are defective, your sole remedy shall be limited (as Channel 4 may elect) to the replacement of the Content or refund to you of the purchase price or the issue of a credit note or a credit card account refund against return of the Content.
8.5 Queries regarding Content where Channel 4 notifies you of dispatch but Content is not received by you must be made within seven Working Days of the date of Acceptance and the Identifying Number must be quoted. Without prejudice to Clauses 9 or 15, Channel 4 need not entertain any query made thereafter.
8.6 The conditions referred to in Clause 8.4 are that:
8.6.1 the claim is made in writing to Channel 4 within three months after Acceptance, or such other period as may be indicated by Channel 4 for specific Content from time to time;
8.6.2 the Content to which the claim relates is returned to Channel 4 within that period and, where relevant, in accordance with any particular instructions that Channel 4 may have notified to you at the time of supply. Returned Content must be accompanied by an advice note stating the Identifying Number and the nature of any claimed defect, together with such further information as Channel 4 may at the time of supply have stipulated.
9 LIABILITY
9.1 Nothing in these Terms shall be read as limiting Channel 4s liability for death or personal injury caused by its negligence.
9.2 Channel 4 shall be under no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether on the Site or elsewhere, and whether or not due to Channel 4s negligence or that of any of its employees, agents or sub-contractors.
9.3 The liability assumed by Channel 4 under these Terms shall be in lieu of and to the exclusion of all other warranties, conditions, terms and liabilities, express or implied, statutory or otherwise, in respect of the quality or the fitness for any particular purpose of the Content or otherwise however arising, except any implied by law that by law cannot be excluded. Nothing in this Clause 9.3 is to be read as restricting the operation of Clause 6.1.5.
9.4 Except as provided in these Terms Channel 4 shall be under no liability, whether in contract, tort or otherwise, in respect of defects in the Content or their failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure.
9.5 In no event shall any breach of contract on Channel 4s part or tort (including negligence and breach of statutory duty) or failure of any kind on Channel 4s part or that of its employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatever.
9.6 Any liability whether in contract, tort or otherwise on Channel 4s part in respect of any defect in the Content or of any duty owed to you under or in connection with these Terms shall be further limited in the aggregate to the repayment of the amount paid by you for the Content in question.
9.7 By using this Site you agree to indemnify and hold harmless Channel 4 and its agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of actions and judgments (including legal fees on an indemnity basis and court costs) which arise out of your breach of these Terms or use of the Site.
9.8 You shall not sue or seek to recover any damages or other payment from Channel 4 or its agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the service hereunder.
9.9 You accept that your use of the Site and the services contained herein is at your own risk. Save as expressly stated herein, the Site and Content are provided as is and as available and without warranties of any kind either expressed or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law.
9.10 Channel 4 shall use its reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to Channel 4 for any loss or liability to you relating to such information.
9.11 Whilst Channel 4 will make all reasonable efforts to ensure an uninterrupted service Channel 4 does not make any guarantee representation or warranty that your use of the Site will be uninterrupted and without error and you recognise that Channel 4 may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance.
9.12 Channel 4 does not warrant that this Site will be compatible with all hardware and software which you may use. Although Channel 4 may put in place security measures for your protection, Channel 4 shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this Site or your downloading of any material.
9.13 The information and other materials included on this Site may contain inaccuracies and typographical errors. Channel 4 does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the Site (including, without limitation, the information provided through the use of any software).
10 CHANNEL 4 PRODUCTS
All products and services mentioned in this Site are subject to availability and are available at the sole discretion of Channel 4. Furthermore, all references to Channel 4 products and services are intended to apply only in the United Kingdom.
11 INTELLECTUAL PROPERTY AND PERMITTED USE
11.1 The copyright and all other intellectual property rights in the Content and Site and all text, artwork, graphics or images to be found on the Site are the sole and exclusive property of Channel 4 or its licensors. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of Channel 4, its associated companies or any other third party.
11.2 You agree not to try to use any more copies of Content than in accordance with the licences granted. Please note that Content is for your private and personal enjoyment and you must not give copies to your friends or anyone else. You must not use the Content for any commercial purpose. This means that you are not allowed to sell, broadcast, loan, send or make the Content available to anyone else. To do so will be an infringement of our licensors copyright and a material breach of these Terms because the intellectual property rights in the Content are owned by third parties. Any rights Channel 4 does not grant are reserved.
12 CONTRIBUTIONS TO THE SITE
Channel 4 hopes that you will be involved in the exchange of audio material between yourself and the Site. The following terms shall govern such contributions:
12.1 You shall not submit any material or information to Channel 4 or to the Site which breaches any statute, regulation or byelaw of any jurisdiction or which may breach the intellectual rights or privacy or other rights of any third party or which may be defamatory, obscene, blasphemous or indecent. It must be your own original work and you must have the full unencumbered right to make it available to Channel 4 for all the purposes stated below. You hereby fully indemnify Channel 4 against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to Channel 4 or to the Site.
12.2 You agree that by submitting your contribution, you grant Channel 4 a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution.
12.3 You hereby waive all moral rights in any material that you contribute to the Site.
12.4 If you do not want to grant Channel 4 the rights set out above, please do not submit your contribution to the Site. These Terms are revoked by Channel 4 where a separate written and signed contract between Channel 4 and yourself, not set out here, replaces these rights in relation to the sale of your content as a result of stated conditions being met requiring a separate contract to be entered.
12.5 The posting of information, content or contributions onto the Site must also meet any local requirements that Channel 4 may set out on any local area of the Site.
13 PRIVACY
Subject to Clause 12, any information or data you transmit or post on this Site will be non-confidential and shall belong absolutely to Channel 4. The information may be used by Channel 4 for any purpose including, but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, posting or otherwise at Channel 4's absolute discretion (according to and subject to The Data Protection Act). Your personal information will be used in accordance with Channel 4s privacy policy which can be found at http://www.channel4.com/privacy.html. You hereby assign to Channel 4 (by way of permanent assignment of present and future copyright) all rights of any nature in and to such material throughout the world including all renewals and reversions thereof.
14 THIRD PARTY SITES/LINKS
Channel 4 is not responsible for the availability or content of any third party websites or material you access through this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Channel 4 does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Channel 4 is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to this Site must be direct to any complete content page (and not any part of a page) within Channel4.com and must not be viewed within the pages of any other site. Channel 4 disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this Site.
Links do not imply that Channel 4 endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Channel 4 or any of its affiliates or subsidiaries.
15 VIRUS PROTECTION AND COMPATIBILITY
15.1 While certain precautions have been taken to detect computer viruses and ensure security, Channel 4 cannot guarantee that the Site is virus-free and secure.
15.2 Channel 4 shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. Channel 4 gives no warranties as to the compatibility of the Site with your computer systems, software or hardware.
16 GENERAL
16.1 Unless otherwise specified, the Site is directed solely at those who access this Site from the UK. Those who choose to access the Site from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
16.2 A failure or delay by Channel 4 in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
16.3 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
16.4 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
16.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
16.6 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or fax in each case addressed to you at the e-mail address or fax number you have given Channel 4 or to us at the e-mail address or fax number on the Site.
16.7 These Terms constitute the entire understanding between you and Channel 4 in relation to the Site. They supersede any other Terms stipulated by you, whether in any order or during any negotiations or any course of dealing established between you and Channel 4.
16.8 If Channel 4 is hindered or prevented from performing its obligations under these Terms, for any cause beyond its reasonable control or by reason of its inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, Channel 4 may at its sole option delay the performance of, or cancel the whole or any part of the contract. In that event, Channel 4 shall not be held responsible for its delay or cancellation or any inability to deliver.
17 GOVERNING LAW
English law governs these Terms. You and Channel 4 submit to the exclusive jurisdiction of the English courts.
