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Terms & Conditions

(1) Definitions


In these terms and conditions, ‘we’ and ‘us’ mean: Out of the Ark Limited, Units F1 & F2, Kingsway Business Park, Oldfield Road, Hampton, Middx, TW12 2HD, UK, a company registered in England.



Out of the Ark Limited trades as Out of the Ark Music; Out of the Ark; outoftheark.com; Song Calendar; songcalendar.co.uk; S!ngchronize™ and Singchronize ®.  

'You' means the person or organisation that purchases or recieves goods, downloads, licences or services from us.

'Our agent' means KI Entertainment Pty Ltd, Suite 21, 317-321 Woodpark Road, Smithfield NSW 2164, Australia, a company registered in Australia.

 

(2) General Terms & Conditions of Purchase

  • These terms and conditions apply to all agreements for the sale and or for the supply of goods, downloads, licences or services to you to the exclusion of any other terms and conditions specified by you in your purchase order or any other document. The goods, downloads, licences or services you purchase or otherwise obtain from us from us may also be subject to additional terms and conditions issued by us or displayed on our website. The specific terms and conditions relating to our licences are provided with the licence and on our website.
  • All prices quoted in sales or marketing materials including our website are subject to change and prices quoted in any conversations with our staff or our agent are subject to confirmation in writing. Prices are generally quoted inclusive of GST if applicable, with the breakdown of the GST element being shown on the invoice.
  • Our agent undertakes to supply you with goods, licences or services subject to avaliability.
  • Payment to our agent in full is required by the due date of the invoice.
  • Our agent reserves the right to charge interest on any invoices which remain unpaid beyond the due date at the rate of 3% per annum over base rate from time to time, from the due date until the date of payment in full.
  • Goods will normally be delivered by mail or courier to the address given with the order. Delivery dates, if given, are given in good faith as an indication of the estimated delivery time and are not a contractual obligation to deliver goods or to perform services at the time stated. Delivery times cannot be guaranteed.
  • The ownership of any goods, or the rights imparted by any licence, shall not pass to you until our agent has received full payment (including GST where applicable) except where the goods are explicitly supplied free of charge. Risk in any goods passes to you on delivery.
  • You are responsible for the payment of any carriage charges as included on the invoice. For any orders placed outside Australia and New Zealand, niether we nor our agent are responsible for any delays, confiscation or import duties imposed by local customs authorities. You must pay for those charges directly to the appropriate authority. If orders are not received, we may have to send your replacement order by secure courier, in which case you will be required to pay the carriage costs.
  • Due to copyright laws we are unable to offer inspection copies.
  • A failure at any time or for any period by us or our agent to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of our right to enforce such terms and conditions in the future.
  • Each of the above terms and conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining terms and conditions shall continue to be valid.
  • No amendment to or verification of these terms and conditions shall be effective unless confirmed by one of our authorised representatives in writing.
  • These terms and conditions are governed by English Law and we and you submit to the exclusive jurisdiction of the English courts.

 

(3) Returns Policy

We want you to be delighted every time you purchase from us. Occasionally though, we know you may need to return items. If you want to return items to us for any reason, please contact our agent's Customer Service department in the first instance, who will be able to talk you through our returns policy.

  • Please ensure that you check your goods are correct and in full working order on receipt – do not wait until you are ready to use them.
  • We regret that for copyright reasons we cannot accept cancellations of contracts for the purchase of video, DVD, audio, CD ROM and software products where the item is unsealed.
  • If our agents agree to a return, we will refund the value of the product returned, but will not normally refund the original postage charge, unless the items were faulty, incorrect, or fall within Distance Selling Regulations.
  • Unless our agent delivered the item to you in error or the item is faulty, you will need to pay the delivery charge for returning the goods to us. Please ensure that they are well packaged in order that they are returned to us in the condition in which they were received, as we reserve the right to offer only a partial refund on items that are returned damaged or soiled. We recommend that you use a recorded delivery service or obtain a certificate of posting, as we can only give refunds for goods we actually receive. If we do not receive the item back from you, we may arrange for collection of the item from you at your cost.
  • If you receive a product that is damaged or not working, please notify our agent immediately by email or phone. They will send you a replacement product free of charge, along with a pre-paid returns label to return the damaged product to us so that we can investigate the reasons for the damage or inoperability.
  • If you receive an incorrect product from our agent as a result of their error, please notify them immediately by email or phone. They will send you the correct product free of further charge.
  • When making a return, please confirm the reason for returning the product in writing, in a letter accompanying the returned item, ensuring that your customer contact details are also enclosed.

 

(4) Photocopying, Projecting & Reproduction

  • You are free to use all of the material - including songs and scripts - in the classroom for teaching purposes. If you photocopy any part of our books for teaching purposes please record this usage on your school's photocopy log to ensure you are legally protected.
  • Photocopying or projecting the lyrics for public worship requires a CCL or MRL licence from CCLI (au.ccli.com. or nz.ccli.com). Photocopying the music scores requires an MRL licence from CCLI. You must log the songs that you use on your CCL and MRL copy reports. If you do not hold one of these licences you should contact our agent directly for permission.
  • Photocopying any part of our books for any other purposes should be logged in the usual way under your organisation's photocopy licence.

 

(5) Performances and Adaptations

  • If you are using our music for classroom teaching or for school assemblies where members of the public are not present you do not need to obtain a performance licence from our agent.
  • A performance licence is required by law for the performance of any work involving drama, movement or spoken dialogue (eg a musical or a nativity). For convenience our agent issues affordable performance licences. An easy-to-complete licence form is provided with each of our musicals.  Alternatively our agent can issue an Instant Licence if it is purchased at the same time as a musical or nativity. 
  • Performances of songs (other than musicals) to an audience other than pupils and staff (eg concerts) also require a performance licence. 
  • Scripts of our musicals and nativities can easily be adapted to suit your particular requirements - you do not need to obtain permission from Out of the Ark Music to make minor changes to the scripts. However song lyrics must not be changed without our written permission.

(6) Additional Terms & Conditions For The Purchase & Supply Of Software


Disclaimer
Any software including CDs, enhanced CDs, CD ROMs and any other software are delivered to you 'as is'.  
 
We do not guarantee that our software, or our online services will always be secure or free from bugs, viruses, errors and omissions

We do not warrant the performance of the software or the results you may obtain by using it including satisfactory installation, satisfactory integration, satisfactory quality, or fitness for any particular purpose.
 
In no event will we or our suppliers or our agent be liable to you for any damages, claims or costs whatsoever, including any consequential, indirect, incidental damages, or any loss of profits or savings.

In choosing to use this software you accept that you are doing so at your own risk.
 
If you are using computer equipment or a network that does not belong to you then you must ensure that you have the appropriate permission from the equipment and network owner(s) or operator(s) to access the online services and to download and run the software and that the owners/operators are made aware of this disclaimer

This disclaimer shall survive the termination of this agreement but shall not imply or create any continued right to use the software after termination of this agreement.

Binding agreement
By purchasing, using or installing all or any software, you accept all the terms and conditions of this agreement.

Upon acceptance, this agreement is enforceable against you and any person or organisation that obtained the software and on whose behalf it is used. If you do not agree you must not purchase, install or use the software.

We permit you to use the software only in accordance with the terms of this agreement. We reserve the right to amend or to add to the terms of this agreement from time to time.  You should refer to the terms of the agreement periodically to ensure that you comply with the revised terms.  Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.

Definitions
“Compatible device” means a device that conforms to the system requirements of the software as specified in the documentation.

“Software” means all of the contents of the files delivered electronically or on physical media. 

“Use” means to access, install, play, or otherwise benefit from using the software.

Software Licence
By purchasing or otherwise obtaining our software including songs, and subject to your compliance with the terms of this agreement, we grant to you a non-exclusive licence to use the software, in all cases solely for the installation and use of the unmodified software on an authorised operating system, in the manner and for the purposes described in the documentation as follows:

This licence does not grant you the right to copy or distribute the software.

Obligations and Restrictions
With the exception of your use of the software on a compatible device that runs an authorised operating system, you must not use the software on other devices.

You must not use the software with any application or device that circumvents technological measures for the protection of the content.

You must not alter or remove any copyright or other proprietary notice that appears on or in the software.

You must not modify, adapt, translate or create derivative works based upon the software. You must not reverse engineer, disassemble, or otherwise attempt to discover the source code of the software.

Transfer
You may not rent, lease, sublicense, assign, or transfer your rights in the software, or authorise all or any portion of the software to be copied onto another user’s device except as may be expressly permitted by this agreement.
 
Intellectual Property Ownership, Reservation of Rights
The software (including its structure and code) and any installed copies that you make are the intellectual property of Out of the Ark Limited and its suppliers.

The software is protected by law, including without limitation the copyright laws of England, Australia, New Zealand and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the software and all rights not expressly granted are reserved by Out of the Ark Limited and its suppliers.

Connectivity and Privacy
You acknowledge and agree to the following:

Settings. The software may save certain user settings by storing them on your device as a local object.

Content Protection. The software accesses content that has been protected. In order to let you play the protected content the software may automatically request media usage rights and customisation instructions from the internet, and may download and install required components of the software.

Indemnity. You agree to hold us and our agent harmless from any and all liabilities, losses, actions, damages, or claims including all reasonable expenses arising out of any use of the software or the provision of related services.
 

(7) Words on Screen CD ROM Products

You are responsible for ensuring that your system meets the following minimum technical standards before installing or running Words on Screen™CD ROM Products:

PC
System: Microsoft Windows 2000, XP (Professional or Home editions) or later
Processor: Intel Pentium III or equivalent

Memory: 128 MB RAM (256 MB recommended)
Hard Disk Space: 200 MB

Display: 1024 x 768
Additional Software: Adobe Acrobat Reader included

Macintosh
System: Mac OS X v.10.2 or later
(Please note that Words on Screen™ does not work on v.10.7 at the moment)
Processor: G4 or faster

Memory: 128 MB RAM (256 MB recommended)

Hard Disk Space: 200 MB
Display: 1024 x 768

Additional Software: Adobe Acrobat Reader included

Systems with specifications below the minimum standards are likely either to achieve unsatisfactory results or else to fail to operate.

The use of this product is strictly regulated under the terms of the licence issued at the time of purchase. The original licence document should be retained for inspection as the products may not be used without a valid licence. The terms of the licence are listed below.

The Licence Holders Rights - For The Single User Licence Only

In granting the following rights, no other rights are deemed to have been granted. Where the licence holder is a school, church or nursery the licence grants the holder the following rights:

  • To run the programs contained on the CD ROM directly from the disc, ONLY whilst on the premises of the purchasing establishment that holds the licence.
  • To install the software on no more than ONE computer belonging to and located on the premises of the purchasing establishment that holds the licence. (Organisations wishing to install the software on more than one computer should contact our agent for an Extension Licence).
  • To run the program contained on this CD ROM directly from the hard disk of the computer on which the software has been installed, ONLY whilst on the premises of the purchasing establishment that holds the licence.

Where the licence holder is an individual:

  • To run the program contained on this CD ROM directly from the disc at any location where the individual is working.
  • To install the software on no more than one computer belonging to the licence holder, or on one computer at the normal workplace of the licence holder. (Any licence holder wishing to install the software on more than one computer should contact our agent for an extension licence.)
  • To run the program contained on this CD ROM directly from the hard disk of the computer on which the software has been installed.

The Licence Holder's Rights - For The Extension Licence Only

In granting the following rights, no other rights are deemed to have been granted. Where the licence holder is a school, church or nursery the licence grants the holder the following rights:

  • To run the program contained on this CD ROM directly from the disc ONLY whilst on the premises of the purchasing establishment that holds the licence.
  • To install the software on any computer belonging to and located on the premises of the purchasing establishment that holds the licence.
  • To run the program contained on this CD ROM directly from the hard disk of those computers on which the software has been installed, ONLY whilst on the premises of the purchasing establishment that holds the licence.

The Licence Holder's Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

  • If you hold a CCLI Licence (Christian Copyright Licensing International), the use of all songs must be logged on your annual CCLI report.
  • Where the songs are performed in front of an invited audience the appropriate performance royalty payments must be made.

Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.
The following acts are strictly forbidden:

  • Making any copy of the CD ROM or of any of the programs or applications stored on it, to any medium whether for private use or public use - with the sole exception of the installation rights detailed above.
  • Broadcasting any of the contents of the CD ROM (or installed versions thereof) by any means.
  • Forwarding any of the contents of the CD ROM (or installed versions thereof) by any means.
  • Lending the CD ROM to any other party than the staff members of the licence holder.
  • Selling or transferring the CD ROM to any other party.
  • Selling, transferring or disposing of any computer or storage device on which the program or contents of the CD ROM in part or in whole are installed or stored.
  • Modifying any program, or application, or contents of the CD ROM whether for individual use, public use, or financial gain.
  • Using any of the computer code or programming to create new programs or applications.

Licence Issuer's Rights

We and our agent reserve the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.


(8) Scope of This Agreement

This is the entire agreement between Out Of The Ark Limited and you relating to the goods, downloads, licences or services and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the goods, downloads, licences or services.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.

Out of the Ark Ltd. Registered Office: 40 Oxford Road, Worthing,
West Sussex, BN11 1UT, UK

(please do not mail to this address).
Registered in England Company Number 4399498.

 
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