Terms & Conditions
Please read the following important terms and conditions before you subscribe to our services.
Important information on downloading and ‘bill shock’:
When you subscribe to our services, this will mean that digital content will be streamed via your computer or device. Please check carefully how much data will be streamed as using too much data might mean that you exceed your data limit and you could face paying more than you were expecting particularly if you are using your mobile phone abroad. You are solely responsible for all internet access charges related to your use of our services.
We provide you with subscription service that allows you to access music, audio, video, podcasts, reviews, interviews, photos, images, biographies, and depending on your subscription on-demand and off-line access to such content (digital content) streamed over the internet via your computer or device. Our service(s) or your subscription means the streaming service provided by us for providing you with access to digital content, including all features and functionalities, our website, our app and our software allowing you to access such digital content, depending on your chosen subscription tier.
These are the terms and conditions on which we supply our subscription services, including streaming of digital content, to you. Please read these terms and conditions carefully before you sign up for any subscription. In these terms and conditions, ‘we’, ‘us’ or ‘our’ means Jazzed, a trading division of ETA Productions Limited and ‘you’ or ‘your’ means the person subscribing to our services.
2. About us – and contacting us
We are registered in England and Wales under company number 11704650. Our registered office is at 303 The Pill Box 115 Coventry Road, London, England, E2 6GH. Our VAT number is GB 331 1606 47. You can contact us by writing to us at firstname.lastname@example.org or by sending a letter to our registered office. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you signed up to our services or created your account.
3. These terms and conditions are legally binding
3.1 If you subscribe to our services, you agree to be legally bound by these terms and conditions. If you do not agree to these terms and conditions, then you must not use our services. Use of our services and content and our website and apps is for personal and non-business use only. These terms and conditions are only available in English. No other languages will apply to these terms and conditions. Our services are only currently available in the UK, and you may not subscribe to them if you are resident elsewhere. As and when this changes, we will update you via our website.
3.2 Our services, websites and apps are not aimed at children. If you are under the age of 18 you must have parent or guardian consent to subscribe to our services.
3.3 When you subscribe to our services, you also agree to be legally bound by the following, which form part of these terms and conditions:
- Any extra terms which may add to, or replace some of, these terms and conditions from time to time. This may happen for as we update our services or if there are any changes to the law, for example.
- Specific terms which may apply to certain digital content and streaming or “on-demand” options, or if you have subscribed to our VIP club, information and additional terms about CDs, records, events, exclusive live shows, meet-and-greets and concert tickets; and
3.4 When we make material changes to these terms and conditions, we will provide you with appropriate notice, either by displaying prominent notice on our website or in App or by sending you an email. In some cases, we will notify you in advance, and you will be deemed to accept any changes by your continued use of our services after such changes have been made.
4. Your privacy and account information
5. How you can subscribe to our services for the provision of digital content
In this section, we set out how a legally binding contract is made between us.
5.1 You choose your preferred subscription tier. Some of our subscriptions offer digital content which is available for on-demand and offline access and additional promotions and offers offered by third parties. We are not liable for third-party offers and you are strongly advised to check the terms of any third-party offers. You must check the terms of any specific subscription before completing your subscription to check any restrictions of limitations to such content. Please see the pricing section before you sign up to our services for more details about our subscription options before you sign up.
5.2 As further explained in section 6 below, we may occasionally offer different subscription tiers, including special offers or free trials. You should check the specific conditions of your subscription or any special promotions upon sign-up. You can find specific details regarding your existing subscription by visiting our website and/or logging into your account.
5.3 When you finalise your subscription online, at end of the online subscription process (e.g. when you click on PURCHASE), we will acknowledge it by email. Please note that when subscribing to non-Freemium services, you must agree to the following statement by ticking the relevant box at the complete stage: ‘I hereby consent to immediate performance of this contract when clicking on the ‘purchase’ button and acknowledge that I will lose my right of withdrawal from the contract once the streaming of digital content has begun’.
5.4 Our initial email acknowledgement to you does not, however, mean that your subscription has been accepted. We may contact you to say that we do not accept your subscription request. This is typically because the subscription that you are signing up for is unavailable, we cannot authorise your payment, you are not allowed enter into a subscription with us or there has been a mistake on the pricing or description of our services or subscriptions.
5.5 We will only accept your subscription when we email you to confirm this (Confirmation Email). At this point, a legally binding contract will be in place between you and us and you will be granted access to the subscription service that you have signed up to.
5.6 We will supply our services, and access to the digital content to you until your subscription expires or is terminated in accordance with these terms and conditions.
6.1 Occasionally, we may offer trials of our fee-paying subscriptions. This may include making our fee-paying subscriptions available for free or at a discounted rate for a specific period.
6.2 Any trials are offered in our sole discretion. We may decide whether you are eligible or entitled to a trial, or withdraw or change the terms and conditions of any trial, at any time and at our sole discretion.
6.3 You should carefully check the specific conditions of any trial or any other promotion upon sign-up.
6.4 You may be required to input your payment information when subscribing to a trial. By providing such details you agree that we may automatically begin charging you for a fee-paying subscription at our usual rates in force (as available on our website from time to time, and via this link: https://jazzed.com/#pricing). Such automatic charging will occur on the first day following the end of your trial and will continue on a monthly or yearly basis as applicable to the relevant offer that you subscribed to when signing up to the trial.
6.5 If you do not want to be charged for a trial, you must ensure that you cancel any applicable fee-paying subscription before the end of the trial period, as communicated to you on sign-up.
7. Subscriptions, Billing, Payment and Cancellation
7.1 Our Free subscription does not require payment.
7.2 You may purchase any of our fee-paying subscriptions directly from us or through a third party by paying a subscription fee in advance on a monthly basis.
7.3 Our fee-paying subscriptions are available on a monthly or yearly basis. For more information, please visit https://jazzed.com/#pricing.
7.4 We may change the price for our fee-paying subscriptions, including any recurring subscription fees from time to time, and will communicate any price changes to you in advance and, if applicable, how you can accept those changes.
7.5 Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use our services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from your current subscription prior to the price change going into effect.
7.6 Subject to section 8 below, if you purchase a fee-paying subscription, you authorise us to charge you automatically each month until you cancel your subscription.
7.7 On each subscription anniversary (being each month or year from the date of your initial Confirmation Email depending on the duration of your initial subscription), your subscription will automatically renew for successive periods of one month or on year (depending on the duration of your initial subscription) on the terms and conditions in force for the applicable fee-paying subscription, unless otherwise cancelled or modified by us or cancelled by you prior to each anniversary in accordance with these terms and conditions.
7.9 If you terminate your fee-paying subscription, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid. In the event of cancellation not related to your right to cooling off (see section 8 below), you may be responsible for paying the entirety and/or remainder of your current fee-paying subscription period. Please check https://jazzed.com/#pricing for more information about your individual fee-paying subscription and what you will owe in the event of cancellation.
7.10 This section does not affect your statutory rights. More details on how you can learn about your statutory rights can be found at section 16.2.
8. Fee-paying subscriptions – no right to cancel or change your mind once streaming starts
8.1 If you register for a fee-paying subscription, you have the right to change your mind for any reason and receive a full refund of any subscription fees that you have paid within fourteen days starting from the date on which you received the Confirmation Email. This is known as a cooling off period. You accept that your right to this cooling off period is cancelled once you use our services or start to stream digital content during that period.
8.2 If you sign up for a trial (see section 6), you agree that the Cooling-off period for the fee-paying subscription you are trialing ends fourteen days after which you received the Confirmation Email confirming your trial. If you don’t cancel before your trial ends, you lose your right of cooling off in respect of the trial and any follow-on subscription, and you accept that you will be automatically charged at the price of the relevant fee-paying subscription you accepted on sign-up to the trial, until you cancel your subscription.
9. Updates to digital content
We may update any digital content supplied to you at any time, provided that the digital content shall always match the description provided to you before you signed up to our services.
10. Permission to use the digital content available through your subscription
10.1 We do not own any of the digital content that we provide to you through your subscription. To be able to provide you with such digital content, we have obtained permission to do so (also known as a licence) from the artists and/or their record labels. Our app and streaming service are developed by us or on our behalf. You acknowledge that the use of our service may require third party software that is subject to third party licenses.
10.2 When you subscribe to our services, you will also not own any digital content you have access to. Instead we give you a limited, non-exclusive, non-transferable right to access our service and use and enjoy our digital content according to these terms and conditions. You will not obtain any rights of ownership or other rights (of whatever nature) in any digital content or in any copies of it. You must not conceal, change or remove any markings which show who owns any digital content such as copyright (©), registered trademark (®) or unregistered trademark (™) markings.
11. Use of our services (which includes our website, app, digital content and provision of subscriptions):
11.1 Your subscription may be used only on 3 computers or devices (1 simultaneous play) within your household and must not be used for public performance. Your subscription and access to and use of the digital content is personal and exclusive to you and you are therefore not permitted to transfer it to any other third party. Accordingly, no other person shall have any rights to enforce your subscription or these terms and conditions.
11.2 Our provision of subscriptions and digital content and is non-exclusive to you. This means we may supply the same or similar subscription services and digital content to other users. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if we plan do to this.
11.3 Your use of the subscription, our website and apps and digital content may not be:
- changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from our services, app, website or any content, except where any of this is allowed by law);
- combined or merged with, or used in, any other computer program; or
- distributed or sold by you to any third party.
12. Quality of our streaming services and digital content
12.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that our digital content and streaming services are of satisfactory quality, are fit for purpose and matches the description provided to you.
12.2 We must provide you digital content that complies with your legal rights. When we supply the digital content, we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content. However, we do not promise that it is compatible with any third-party equipment except where we have said so on our website, and you acknowledge that there may be minor errors or bugs in it.
12.3 To avoid faults in the digital content happening, you must install any fixes, updates, upgrades, new releases and new versions of our app as soon as reasonably possible after we tell you that such updates are available use it only on the recommended third party equipment set out on our website.
12.4 The quality of the sound and display of our digital content may vary from one device to another, and may be affected by a variety of factors, including your location, your bandwidth and the speed of your internet connection.
13. Suspension and termination by us
13.1 These terms and conditions will continue to apply to you until suspended or terminated. If these terms and conditions or your subscription terminates, it will not affect our right to receive any money which you owe to us under these terms and conditions.
13.2 We will take all commercially reasonable efforts to ensure that our services remain in operation but sometimes you may experience temporary interruptions. Reasons we may suspend your access to our services include to allow us to deal with technical problems or make minor technical change and to allow us to update our services and content to reflect changes in relevant laws and regulatory or contractual and licensing requirements.
13.3 We may also terminate these terms and conditions and your subscription, or suspend your access to our services and digital content at any time, including in the event of your actual or suspected unauthorised use of to our services and digital content or failure to comply with these terms and conditions. This includes when you do not pay for any subscription when you are supposed to.
13.4 We may also suspend or terminate these terms and conditions and your subscription or if we withdraw to our services and digital content, provided that we give you reasonable notice before doing so. Notwithstanding the foregoing, if you have paid for a subscription that we permanently discontinue (prior to the end of your paid-up subscription period), we will refund you the portion of any pre-paid subscription amounts after our services are permanently discontinued.
13.5 If we terminate these terms and conditions, or we suspend your subscription or access to our service and digital content, notwithstanding clause 13.4, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid.
14. Limit on our responsibility to you
14.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you took out your subscription, both we and you knew it might happen, for example, if you discussed it with us.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud, breach of privacy laws or any other liability which the law states we cannot exclude or limit.
14.3 If defective digital content which we have supplied as part of your subscription damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Furthermore, we are not responsible for the cost of repairing any pre-existing faults or damage to your device or in any of your pre-existing digital content.
14.4 We only supply our services and digital content domestic and private use. If you use our services or digital content for commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. Things that are outside of our control
We are not responsible for delays outside our control. If your access to our services and content delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your subscription and receive a refund for any subscription you have paid for but not received access to.
16. If you are not satisfied with our services
16.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content, our services, your subscription or any other matter, please contact us as soon as possible and we will try to resolve your matter as soon as possible, and in the event of any dispute, using our internal complaint handling procedure. You may also use an online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit https://webgate.ec.europa.eu/odr.
16.2 For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page or visit the Citizens Advice website: www.citizensadvice.org.uk or call 03454 04 05 06.
17. The laws applicable to these terms and conditions and where you may issue legal proceedings
17.1 These terms and conditions and the provision of our services and content are governed by English and Welsh law and you can bring legal proceedings in respect in the English courts.
17.2 If you live in Scotland you can bring legal proceedings in respect of these terms and conditions and our services and content in either the Scottish or the English courts.
17.3 If you live in Northern Ireland you can bring legal proceedings in respect of these terms and conditions and our services and content in either the Northern Irish or the English courts.
18. App Store Notice
18.1 If you have downloaded our app from the Apple, Inc. and/or its subsidiaries (Apple) App Store or if you are using the app on an iOS device, you confirm that you have read, understood, and agree with the following notice regarding Apple.
18.2 These terms and conditions are between you and us only and not with Apple. Apple is not responsible for our services, our digital content or your subscription. Apple has no obligation whatsoever to provide any maintenance or support services with respect to our services, our digital content or your subscription. In the event of any failure of our services, our digital content or your subscription to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the app to you (where applicable), and, to the maximum extent permitted by applicable law. Apple has no other warranty obligation whatsoever with respect these terms and conditions. Apple is not responsible for addressing any claims by you or any third party relating to our services, our digital content or your subscription and your use thereof, including: product liability claims, any claim that our services, our digital content or your subscription fails to comply with any applicable legal or regulatory requirement, and claims arising under consumer protection law.
18.3 Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our services, our digital content or your subscription and/or your possession or use of our app infringe that third party’s intellectual property rights.
18.4 You agree to comply with any applicable third-party terms, when using our services, our digital content or your subscription. Apple are third party beneficiaries of these terms and conditions, and upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary of these terms and conditions.
18.5 You hereby represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.