Terms & Conditions

Definitions

“MIXO” means MIXO (registered number 11009243) whose registered office is Unit 13, Freeland Park, Wareham Road, Poole, BH16 6FH, is both the company name as well as the name of the commercial application.

“App” refers to the MIXO application, which is available as a mobile and desktop App on most platforms.

"Customer" or "User" means the end User of the App.

“In writing” means by post, facsimile, App messaging or e-mail;

“Account” refers to the Customer Account or User Account within the App. The Customer has their own Account within the App where they can log in and import music.

“Intellectual Property Rights” means all intellectual property rights wherever in the world arising; whether registered or unregistered (and including any App), including, but not limited to, copyright, know-how, confidential information, trade secrets, business names, trade marks, service marks, trade names, patents, utility models, design rights, database rights and all rights to sue for passing off;

“Software” means the software, apps, navigation models, information architecture, database structures, content management systems, third party Apps, software engineering, functionality and other generic components used in the facilitation of the App.

“Terms” are the MIXO Terms of service which are the rules by which Users of the MIXO App agree to adhere to.

“Website” refers to the MIXO Website - www.MIXO.toolkitredesign.co.uk.

“IPR” means: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all Apps for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

General Terms & Conditions

By downloading, accessing and or using the App, you accept and agree to be bound by the terms and provision of this agreement. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

The Supplier shall at all times comply with the MIXO terms and conditions (available on the App, and as amended from time to time). The App terms and conditions are hereby incorporated into these Terms.

Purpose

MIXO, primarily via its App and Website, will enable Customers to import music stored on their desktop computer, including the ability to synchronise with the mobile App and/or second desktop computer, for the purpose of listening to and organising their music.

The App

Ownership and Intellectual Property Rights of the App: The App remains the property of MIXO at all times.

MIXO intends to make the App, and all relevant Software, available for 24 hours of the day but is under no obligation to do so.

MIXO is entitled to interrupt the access to the App at any time and without notice in order to maintain and update the App. In connection therewith, MIXO shall use reasonable endeavours to ensure that such interruption is as brief as possible and if possible takes place at a time when the number of Orders is at a minimum.

MIXO intends for the App to comply with relevant and applicable laws and regulations, including the laws relating to treatment of personal data.

Key Costings

Prices are defined at the point of purchase. All prices include VAT.

Subscriptions: Payments are taken annually and set to automatically renew each year. The Customer may turn off automatic renewals at any time.

Refunds

Payments taken by MIXO are non-refundable.

MIXO cannot be held responsible if the Customer accidentally makes payment or forgets to turn off automatic renewals.

Term, Termination & Survival of Obligations

Termination by MIXO: In the event MIXO believes the Customer is mis-using the App or using fraudulent or stolen data, MIXO may at any time terminate this Agreement immediately by giving email notice to the Customer and deactivating their Account.

Termination by the Customer: The Customer may terminate their Account at any time.

Limitation of Liability & Indemnity

General: Nothing in this Agreement shall limit or exclude MIXO or the Customer's liability for death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under Applicable law.

Exclusion of MIXO’ liability: MIXO shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damages, costs, direct or indirect losses including without limitation loss of profit, or any consequential loss suffered by the Customer and arising out of or in connection with this Agreement, including resulting from faults, breakdowns or other interruptions to the Service for any reason.

Amendments

MIXO reserves the right to amend or change the terms of this Agreement. Customers will be notified by email in reasonable time, of any changes to this Agreement.

Invalidity Clause

If any of the terms or conditions of this Agreement are declared wholly or partly invalid, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect and any wholly or partly invalid terms or conditions shall be modified to the minimum extent possible to make it valid, legal and enforceable.

Governing Law & Jurisdiction

Governing law: This Agreement and any dispute or claim arising out or in connection with this Agreement or its subject matter or formation (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with English law.

Jurisdiction: The parties agree to submit any dispute arising in connection with this Agreement to the exclusive jurisdiction of the courts of England and Wales (including any dispute or claim relating to non-contractual obligations)

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