Whirlwind Recordings Ltd Privacy Policy & Terms and Conditions

Whirlwind Recordings Ltd – Privacy Policy

This customer privacy policy describes the collection and use of personal information on this website by Whirlwind Recordings Ltd. We recommend you take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, and how we safeguard your personal information. By viewing and using our site, you agree to our Privacy Policy. If you disagree with any part of our Privacy Policy, please do not use our website.

Why we collect personal information
Whirlwind Recordings Ltd likes to stay in touch with our fans and supporters through the periodic sending of email-bulletins. Our ebulletins contain promotional news and updates on all our artists, album releases, and information on the solo career of WWR founder Michael Janisch. You may sign up to this emailing list on our homepage, and by doing so you will receive a link for a free MP3 from one of our releases.

The only time on the Whirlwind Recordings website where a person will be required to provide an email address is during the Checkout process should you place an order to purchase products on our site. This information is used to enable processing and subsequent fulfillment of your order (for example: your email address is where we will send MP3 downloads after completed purchase). The only information collected during our Checkout process will be a confirmed email address, and after you have opted to ‘Proceed to Payment’ on the WWR site, you will be directed to Pay Pal’s Payment Portal, where you either enter your credit card details (which Whirlwind Recordings does not have access to, nor do we keep on file) or log in to your personal Pay Pal account. Please refer to Pay Pal’s terms and conditions or Privacy Policy to learn more about how they use your data. Email addresses obtained by Whirlwind Recordings Ltd during the checkout process will be added to our email sendout list. Please note that at the bottom of all of our Ebulletins there is an option to ‘unsubscribe’ if you do not want us to keep in touch with our promotional material. Once unsubscribed, your email will be permanently removed from our database unless you contact us to reinstate its use. Although Whirlwind Recordings Ltd. uses Pay Pal for the safe and secure processing of all our payments, we are in no way associated with or endorse their company policies in any way whatsoever.

We will NEVER share or disclose your information:
Whirlwind Recordings Ltd takes your privacy very seriously. Be assured we will not sell or rent your contact information to other websites or marketers, and will never be disclosed to any other third-parties whatsoever.

How we protect your personal information:
Whirlwind Recordings Ltd takes our own precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. To make purchases from the Whirlwind Recordings Ltd store, you must use an SSL-enabled browser such as FireFox, Internet Explorer or Netscape Navigator 3.0 or later. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet. For more information on how Pay Pal protects your information, please view their own Privacy Policy and Terms & Conditions on their website.

Cookies and other technologies
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As is standard practice on many websites, the Whirlwind Recordings Ltd website uses “cookies” to maintain your session on the website and track the products you have chosen to add to your Shopping Cart. Cookies are not used to store any personally identifiable information. As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Privacy Questions and Enquiries:
If you have questions or concerns about Whirlwind Recordings Ltd Customer Privacy Policy or your data, please feel free to contact us at info@whirlwindrecordings.com.

 

Whirlwind Recordings Ltd – Terms and Conditions

Welcome to Whirlwind Recordings Ltd. If you browse and use this website for making any purchases, you are agreeing to comply with and are bound by the following terms and conditions of use, which together with our privacy policy govern Whirlwind Recordings Ltd relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term Whirlwind Recordings Ltd or ‘us’ or ‘we’ or ‘our’ or ‘WWR’ refers to the owner of the website whose registered office is 115 LONDON ROAD, MORDEN SURREY SM4 5HP. Whirlwind Recordings Ltd is a private limited company registered in England and Wales, and our company registration number is 06859219 and our VAT Registration Number is 242 0106 67. The term ‘you’ refers to the user or viewer of our website.

The user of this website is subject to the following general terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. See our Privacy Policy above for more information.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and music. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United Kingdom, where our offices are based.

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Conditions for Purchase of any of ‘our’ products (Physical CDs, Vinyl, Digital Albums, Books, Sheet Music PDFs, DVDs, or any other product whatsoever):

  • All orders are final and are paid using a Pay Pal account or their Credit/Debit Card processor in order to receive your product. WWR does not currently accept cash or checks for any of our products.  Please do not use any ‘Bill me Later’ Pay Pal options or settings when purchasing any of our products; immediate payment after checkout is required.
  • Basic Ground and Standard International Shipping is provided via Royal Mail, as ‘our’ physical products are shipped from the United Kingdom. Please allow up to 10 days for delivery inside the UK, and 2-4 weeks for international destinations. Under normal circumstances, we expect orders sent by mail to arrive within two weeks of purchase, but cannot always guarantee this.
  • All Digital Albums include a PDF of the Album Artwork. Upon successful completion of purchase, you will be emailed your digital album file.  Please be aware that you will be able to download your digital album product from the provided link a total of three times only.  This three-downloading-allowance has been set to avoid potential problems with poor internet connection or power loss when you attempt to download, or other situations that may cause a problem with downloading.  Please make sure you give yourself adequate time and have a good internet connection before commencing with the download from the link provided, as after the link expires following the third download attempt, we will not be able to send you a new link for any reason, and you will have to re-purchase the digital album at that point.  This is to prevent illegal sharing of the digital album or other instances of copyright infringement with regards to the digital album in question.
  • Please note that downloading our digital products (digital albums & individual MP3 tracks) is mainly only possible from a computer or laptop, and is currently not a service available for most devices or smartphones, Ipads, etc.  If you wish to purchase our digital products from a device, that is possible, but it’s best that you then download them from your computer or laptop.  You will be send a download link(s) upon successful completion of purchase to your email address.

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Refunds Policy:

  • ‘You’ have the right to cancel an order within seven (7) days after the receipt of goods.  In order for a cancellation to take place, all purchased music must be returned to Whirlwind Recordings Ltd and we will issue you a full refund via Pay Pal.
  • If you have received faulty CDs, Vinyl or digital music files email payments@whirlwindrecordings.com in order to claim a refund.
  • Please note: Our Refunds Policy does not and cannot apply to any Digital Album download sold from this website (whirlwindrecordings.com)  unless there has proven to be an error or fault in the music data file supplied.  If you are not able to play your music file due to a fault in the data file, please email payments@whirlwindrecordings.com and we will send you a new, working data file, or issue you a full refund.
  • ‘You’ may not download our music and subsequently request a refund.  We appreciate your honesty and support of our label and artists.

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Digital Download Music Usage Rights:

  • Purchases of digital products are final, unless the data file can be proven faulty.
  • Digital products from the Whirlwind Recordings Ltd website are licensed for home use only.  No re-selling, copying, file-sharing, giving away, reproduction, lending, hiring, public performance, broadcasting or any other form of distribution is allowed.
  • When ‘you’ download digital music from Whirlwind Recordings Ltd, this does not wave any rights of the copyright owners of the music contained in any download.  No rights, title or interest in any downloads or software is transferred to ‘you’ as a result of any downloading.  All rights in the digital downloads are owned by Whirlwind Recordings Ltd or its licensors.  When ‘you’ purchase digital downloads from the Whirlwind Recordings website,  ‘you’ are granted a limited, non-transferable, non-exclusive, revocable, non-sub-licensable right to use the digital downloads for personal use in accordance with our Terms and Conditions.

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DISCLAIMER OF WARRANTIES:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WWR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WWR AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH WWR OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY WWR “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND WWR OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY:
IN NO EVENT SHALL WWR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WWR FOR YOUR USE OF THE SITE.

Applicable Laws:
We control and operate ‘our’ Site from ‘our’ offices in the United Kingdom. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Modifications to the Site and the Services:
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.