Digitals: Terms and Conditions

Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

Intellectual property rights
Unless otherwise stated, La Whaai and/or La Whaai Productions own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

Privacy
Read this please.

Licence to use website
You may view, download for caching purposes only, and print pages from the website, provided that:
(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(c) you must not edit or otherwise modify any material on the website.
(d) Government Agencies, Search engines, News organizations, online directory distributors are excluded from this term.

Limitations of liability
You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Cookies
We employ the use of cookies. By using our website you consent to the use of cookies in accordance with La Whaai Productions’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
This notice will be governed by and construed in accordance with Dutch law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

Our contact details
You can contact us by email at: lawhaai@lawhaai.com

Purchasing Downloads
The downloads we sell are products in digital format that are transferred from our servers direct to your computer. These Products are compressed into ZIP or RAR files (made smaller using compression software) to enable faster downloading. You will be able to use the Product as if you had installed it from a CD-ROM or DVD-ROM. It only takes up to a few minutes to decompress a product.
Please note: By completing a purchase of download(s) from our store, you are confirming that you agree with our Terms and Conditions of Sale as detailed on this page, and that you agree with our Refunds Policy.

Download Links (Delivery of the products you purchase from us)
After you have paid for your Products you will immediately receive an email containing a link to your personal download page and a download password. You will be able to download your products right away. Download links are valid for 14 days and are limited to one click before they expire. If you run out of available download attempts please contact us by email and explain why it happened and we may provide more available attempts at our discretion. IP Addresses are tracked for security purposes.

Download Tracking
We have implemented an advanced system for tracking the amount of times you try to download a Product from our server. If you do not receive your links by email then you must contact us immediately. If you do not receive them within 24 hours then please contact lawhaai@lawhaai.com.

Intellectual Property Rights
All Products, MP3 Demos, Materials, Artwork, Graphics, Text, Interfaces, Logos, Images and Photographs on this website are owned by La Whaai and/or La Whaai Productions and protected by copyright and intellectual property rights laws.

Creating a Customer Account
Creating an account is optional. If you choose to create an account during the checkout process then you will be required to provide only your name, email address, billing address including country of residence and payment details. It is essential that you provide a correct billing address. We cannot be held accountable if you do not receive your Download links due to you submitting an incorrect email address. If you do not receive your download links within 1 hour then please contact us.

Payment
Payment will be taken from the Credit or Debit Card, Bank Transfer or Paypal that you have provided when you purchase. You will not receive any download links until full payment is received.

Refund Policy
Please note: By completing a purchase of download(s) from our store, you are confirming that you agree with our Terms and Conditions of Sale, and that you agree with our Refunds Policy which is as follows:

The Consumer Contract Regulations would normally give you the right to cancel the contract of sale within seven days. This does not however apply to our downloadable soundware/software which are digital goods in the form of audio sample packs, because after the products have been downloaded to your computer, they cannot be returned and you have full access to them.
Also, when you buy our music, a license to use is transferred to you at the completion of your purchase. After you have downloaded your purchase, you do not have the right to cancel the order. Other rights that you may have are not affected. If the product you download does not function as intended in some way, and we are not able to rectify the problem in a reasonable time, we will of course be happy to refund your purchase.
If, after downloading and listening to the content of a product, you feel that it is completely unsuitable for your needs or you believe the product’s description on our website was misleading, please contact us to discuss the matter. Your satisfaction with our products is the most important thing to us.
After downloading you have a license to play them in a personal enviroment. Reproduction, reselling or public performance makes no part of this license.

These terms and conditions are based on a freely-available template created and distributed by SEQ Legal.

We use cookies to personalise content, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media and analytics partners. Cookies are also used for making our webshop function. Cookies will stay valid for 5 days. View more
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What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To quickly process your transactions.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
Help remember and process the items in the shopping cart.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly like buying music from our digitals departement
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Third-party links
We do not include or offer third-party products or services on our website other then track our website statistics.
Age limitations
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
Email: lawhaai@lawhaai.nl
Last Edited on 2021-02-19
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