Your basket contains no items
1.1 Welcome to the HMV digital service which is provided to you by HMV DIGITAL HOLDINGS ULC (“HMV DIGITAL”) (“HMV Digital”, “us”, “we” or “our”). Our office is located at 5401 Eglinton Avenue West, Suite 110, Etobicoke, Ontario, M9C-5K6.
1.3 In addition to these Terms, your use of our Services may also be subject to other terms and conditions and policies which are referred to below.
1.4 We are committed to providing an excellent user experience to you when you use our Services. If you have any questions or queries about our Services or these Terms we would be delighted to help. Please visit: https://hmvdigital.ca/help
ACCEPTANCE OF OUR TERMS
2.2 We recommend you review these Terms each time you use our Services and print a copy of them for your future reference as HMV intend to rely upon them. If you are uncertain about your rights or think the Terms are not complete/accurate, please contact us before placing an order so we can discuss your query/concern.
HMV'S RIGHT TO AMEND THESE TERMS
3.1 HMV reserve the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Services, our technology, our licensing arrangements, our payment methods, relevant laws and/or regulatory requirements.
3.2 If HMV do change the Terms, we will post the changes on this page and will indicate the effective date at the top. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use our Services.
3.3 From time to time, specific terms may apply in addition to or replace these Terms in respect of certain items available from our Services. For example, additional terms such as age restrictions may apply to album purchases. These specific terms will be clearly indicated and featured on our Service as part of the order process for the relevant item.
USING THE HMV MOBILE APPLICATION
4.1 Depending on the version of the HMV mobile application (the “App”) you have downloaded, your use of the App shall also be governed by Apple’s or Google Android’s Terms and Conditions and Privacy Policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms then these Terms will control.
4.2 You must be at least 13 years of age to download our App. If you are between 13 and 18 then the App may only be downloaded with the consent of your parent or guardian using the Apple or Google Android account of your parent or legal guardian.
4.3 We grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and these Terms (“User Licence”). All other rights in the App are reserved by HMV and its Licensors. You are responsible for ensuring that all persons accessing using our App on your Device are aware of these Terms.
4.4 In the event of your breach of these Terms HMV will be entitled to terminate the User Licence immediately.
4.5 You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will also apply to your use of the App. You also acknowledge that you may be charged by the Mobile Provider for data services or any other third party charges as may arise while using certain features of the App and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, we will assume that you have received permission to use the App from the bill payer.
USING OUR WEBSITE
5.1 Access to our website at www.hmvdigital.ca (the “Website”) is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice. You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.
5.2 You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.]
AVAILAIBILITY & USE OF OUR SERVICES
6.1 You acknowledge that we cannot guarantee that our Services will:
6.1.1 stay the same as we might change our Services or remove them;
6.1.2 be compatible with all or any hardware or software which you may use;
6.1.3 be available all the time or at any specific time;
6.1.4 be accurate and up to date; or
6.1.5 be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
6.2 You also acknowledge that:
6.2.1 we cannot guarantee the speed or security of our Website or App; and
6.2.2 we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website or App to the fullest extent permissible by law.
YOUR PRIVACY & COOKIES
8.1 Our Services are designed to enable you to purchase/listen to legal digital media. The Services are for your own personal and non-commercial use and you are not authorised to make any copies of any downloads other than for your own personal non-commercial use. You are not authorised to make any copies of streams.
8.2 Previews - From time to time we may offer Previews. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to our Services on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or assist others’ attempts) to capture, copy, or download a Preview.
8.3 Personal Storage Area.
8.3.1 You may have access, via the My Music or My Locker section of our Services, to a personal storage area for legally acquired digital media (“PSA”), the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by HMV in geographically dispersed locations.
8.3.2 Purchases using the Services will be delivered to the PSA. You may be allowed to copy such purchases and upload tracks to and from your hard drive into your PSA in the cloud which will function as a remote hard drive for access at a later date but for which HMV has no obligation to maintain access to. You acknowledge and agree that you should not rely on HMV or the Services to archive or store your files or content held in your PSA. It is your responsibility to back up and store any files delivered by HMV or uploaded by you to your PSA. You agree to assume all risk for loss of content in your PSA.
8.3.3 You are reminded that all material uploaded to the PSA should be legally acquired digital content. You are responsible for ensuring the legitimate origin of all contents of the PSA and you must comply with any applicable copyright and other intellectual property right laws.
8.3.4 HMV may be required by its content licensors to share aggregated, anonymous PSA usage information and you consent to HMV sharing such usage information with its content licensors.
8.3.5 HMV may, in its sole and absolute discretion, set a streaming, and or bandwidth implementation or other usage limitation on your usage of the PSA (Fair Use Policy).
8.3.6 You will obtain and maintain any and all necessary licences and permissions in connection with your use of the PSA. HMV may terminate your access to the PSA at any time without notice and without liability to you.
8.4 Hardware - You will need certain items of hardware and access to the internet in order to use the Services. You must provide these are your own cost. Without limiting any provision herein, HMV makes no warranty that any particular computer, portable device, or other hardware will be compatible with our Services. It is your responsibility to ensure that your hardware and playback system(s) will function correctly with the Services. Please contact us at https://hmvdigital.ca/help if you have any queries on this and we will aim to assist you as best we can.
8.5 Age restriction - You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these Terms to your parent or legal guardian, and he or she may consent to them on your behalf. Children under the age of 13 may not register for the Services and parents or legal guardians may not register on their behalf.
8.6 Children and parental supervision - We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children to access and use the Services should supervise such access and use. It is the parent/guardian's responsibility to determine which, if any, parts of the Services are suitable for your child to access. Parents/Guardians are fully responsible for their child's use of our Services, including all financial charges and legal liability that they may incur. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
8.7 Territorial restrictions on use of the Services - The items featured on our Service are only available for purchase by customers resident in Canada with a billing address in Canada. You agree not to circumvent any territorial restrictions in place on the Services or provide false billing information.
8.8 Objectionable Material - You understand that by using the Services, you may encounter content that may be deemed explicit, offensive, indecent or objectionable, which content may or may not be identified as such. Please bear this in mind as you agree to use the Services at your risk and we will not be liable to you for content that may be found to be explicit, offensive, indecent or objectionable. We may label some items as “explicit” or "parental advisory" but cannot guarantee we will do this nor guarantee the accuracy of any descriptions provided on our Services.
PURCHASING GOODS & SERVICES FROM WITHIN OUR APP
9.1 If you purchase digital items from within the App then such purchases will be subject to the terms of purchase offered by Apple, if you are using our App on an iPhone, or by Google if you are using our App on an Android device. In particular, your contract for such purchases is with Apple or Google as applicable and not HMV.
WEBSITE SALES PROCESS – PLACING AN ORDER, DELIVERY AND REFUNDS
10.1 How the contract is formed - The contract for the purchase of any digital item from our Website will be between you and HMV and will only be formed when we make the item available for download or stream and we have received payment in full for the item. Until we make the item available for download or stream and receive payment in full there is no contract between you and HMV for the item. HMV reserves the right, in its sole discretion to reject any order it receives.
10.2 Availability - All digital items featured on our Website are subject to availability. We reserve the right to change or remove a digital item or other content on our Website at any time without notice or liability to you. For example, we may have obtained rights from a record label to make a particular song available and, in the event we lose these rights, we will need to remove the digital item and make it unavailable for purchase.
10.3 Price – Subject to sections 10.4 and 10.5, the price of any digital item will be as quoted on our Website at the then current time, except in the case of obvious error. This price will include VAT. Prices are subject to change at any time.
10.4 Incorrect prices - We use our best efforts to ensure that the prices of digital items displayed on our Website are correct. However, the Website contains a number of digital items and it is always possible that, despite our best efforts, some may be incorrectly priced. If an error or inaccuracy is discovered and we have not yet taken payment and made the digital item available for download we will normally reject your order and notify you of such rejection. We are under no obligation to provide the items to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract in the case of obvious and unmistakable pricing errors.
Payment methods - Payment for all digital items on our Website must be by one of the payment methods displayed on our Website at the then current time. You must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Further, by providing the details of a credit or debit card to be billed, you confirm that you are authorised to purchase the digital items and that you are the holder of the relevant card or debit card or are expressly authorised to use such.
10.5 Refunds/returns - All sales of digital items from our Website are final, non-exchangeable and all charges from those sales are non-refundable. You are not able to cancel any purchases of downloads from our Website after you have confirmed payment. Downloads from our Website may not be returned for any reason unless they are defective. If you have a faulty, incorrect or incomplete download please contact us via the help page at: https://hmvdigital.ca/help. We will replace any such faulty or damaged digital item if reasonably possible or we may issue a refund. You must notify us of any such fault or damage within a reasonable period of time of download of the digital item. If you fail to notify us within 30 days of a download, we will have no liability to you.
REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
11.1 Registration and use of Services - By registering and using the Services, you represent that:
11.1.1 you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over;
11.1.2 you have provided accurate and truthful information in the registration process;
11.1.3 you are of the required legal age where an item has an age classification;
11.1.4 you are purchasing items only for private non-commercial use; and
11.1.5 you comply with the territorial restrictions set out in these Terms at section 8.7.
11.2 Password Security - Some Services require you to open an account and you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You agree that we will be entitled to assume that any person logging into the Services or using the Services using your username and password is either you or someone doing so with your permission. You are responsible for any use of the Services under your username and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.
11.3 Unauthorised Access - If you believe someone has accessed our Services using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your password or username or any other breach of security.
YOUR USE OF OUR SERVICES AND CONTENT ON OUR SERVICES
12.1 Intellectual Property in our Website, App and Content - The Website and the App and their look and feel (including without limitation the design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. Excluding the digital items made available for purchase none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of HMV. You may use the digital items in accordance with the remainder of these Terms.
12.2 Digital Rights Management - You understand that some of the digital items on our Services include a security framework using technology that protects digital information. You agree to limit your usage of the content to certain usage rules established by us and our licensors (“Content Usage Rules”). You agree to comply fully with such Content Usage Rules set out at section 12.3 below and such additional content usage rules as indicated on our Services or otherwise notified to you (whether in respect of a particular digital item or otherwise).
12.3 Content Usage Rules
12.3.1 You are authorised to use the digital items only for personal, non-commercial use, and you are not permitted to redistribute, sell, rent, lend, transfer, assign, transmit, broadcast, adapt, edit, commercially exploit or sub-licence digital items made available through our Services;
12.3.2 You will not use the Services for any purpose that is unlawful or prohibited by these Terms;
12.3.3 You agree not to use any information, digital item or material in any manner that infringes any copyright, trade mark, patent or other proprietary right of any party;
12.3.4 You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with or modify any security technology or software that is part of the Services or used to administer any Content Usage Rules, or interfere with, remove or alter any rights management information on the digital item;
12.3.5 You acknowledge that digital items in the MP3 or AAC format do not contain security technology that limits your usage of such and you agree to use them only as reasonably necessary for personal, non-commercial use;
12.3.6 Notwithstanding section 12.3.5, you are only authorised to use the digital items on up to five authorised devices at any time. We reserve the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of our licensors. These limits will be notified to you on our Services at the relevant point;
12.3.7 You may not use digital items as a musical “ringer” in connection with mobile phone calls;
12.3.8 You agree the delivery of digital items does not transfer to you any commercial or promotional use rights in them.
12.4 Reservation of Rights - Nothing in these Terms grants to you any rights in any digital item other than those expressly set out herein.
12.5 Uploaded/posted material – There may be areas on the Services where you can upload material or post comments. We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you grant us a world-wide, royalty free, perpetual, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such material.
12.6 You agree not to:
12.6.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
12.6.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
12.6.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
12.6.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
12.6.5 use any information or material in any manner that infringes any copyright, trade mark, patent or other intellectual property or proprietary right of any party;
12.6.6 make available or upload files/materials that contain a virus, worm, trojan or corrupt data that may damage the operation of the website, Services, computer or property of another;
12.6.7 collect or store personal information about others, including email addresses;
12.6.8 advertise or offer to buy or sell goods or services for any commercial purpose;
12.6.9 impersonate any person or entity for the purpose of misleading others;
12.6.10 violate any applicable laws or regulations;
12.6.11 use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services;
12.6.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or that is under contractual or fiduciary relationships (such as insider information or confidential information disclosed in the course of employment or under a confidentiality agreement);
12.6.13 attempt to gain unauthorised access to any of the Services, other customer accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
12.7 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials uploaded/posted by you or other users of our Services (“User Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such User Content originated. We do not control or endorse the User Content and cannot guarantee the accuracy, integrity or quality of such User Content and you acknowledge that by using the Services you may be exposed to User Content that is offensive and/or indecent. We will not be liable in any way for any User Content or for any loss or damage of any kind resulting from the use of any User Content transmitted via the Services and you agree to bear all risks associated with the use of any User Content, including any reliance on the accuracy or completeness of such User Content.
12.8 Monitoring - We have no obligation to monitor the Services but shall be entitled to review materials posted to or via the website and, at our sole discretion, to remove any material that breaches these terms or is otherwise objectionable.
IF YOU BREACH THESE TERMS
13.1 If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:-
13.1.1 issue a warning to you;
13.1.2 effect an immediate, temporary or permanent withdrawal of your access to your account and/or the website/Services however you will remain responsible for all outstanding amounts on your account;
13.1.3 take legal action against you; and/or
13.1.4 disclose such information to law enforcement authorities as we reasonably feel is necessary.
13.2 The responses described above at section 10.1 are not limited and we may take any action we reasonably deem appropriate.
14.1 We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services. Any contract for purchase begins when a transmission of digital content (other than a Preview) commences being delivered to you or your designated device and you do not have a right to cancel the contract once such transmission has started unless your digital content is faulty. Should you encounter a problem, please contact our customer services team to be offered a replacement or a refund for your purchase.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU:
15.1 HMV warrants that it will provide the Services with reasonable skill and care and substantially as described in these Terms. HMV does not make any other promises or warranties about the Services.
15.2 HMV will not be liable under these Terms for any loss or damage caused by HMV or any of its employees or agents in circumstances where:
15.2.1 there has been no breach of a legal duty of care which is owed by HMV or any of its employees or agents; and/or
15.2.2 the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
15.3 HMV will not be liable under these Terms for any increase in loss or damage you suffer resulting from a breach by you of these Terms.
15.4 HMV’s liability for losses you suffer as a result of us breaching a contract for a digital item and in connection with your use of the Services is limited to the greater of £20 or the value of your order if applicable.
15.5 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
15.6 You agree you will have no claim against us, in respect of any decision to remove digital items from the Services or any decision to suspend or terminate your access to the Services.
15.7 In the absence of any negligence or other breach of duty by us, the use by you of the Services is entirely at your risk.
15.8 The Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
15.9 To the extent permitted by law, HMV will not be liable for any indirect or consequential loss or damage whatsoever or for loss of business, opportunity, data, profits arising out of or in connection with the use of the Services.
15.10 HMV makes no warranty that the Services will meet your requirements, that content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
15.11 Nothing in this section 15 shall have the effect of excluding or limiting either HMV’s liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
15.12 Nothing in these Terms shall affect your statutory rights as a consumer.
16.1 You agree to indemnify and hold HMV harmless from and against any breach by you of these terms and conditions and any claim or demand brought against HMV by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by HMV in consequence of your breach of these terms and conditions.
LINKS TO THIRD PARTY WEBSITES
17.1 The Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that HMV is not responsible for the content or availability of any such websites. We recommend you review those website's terms and conditions and privacy policies to ensure you are happy to use them.
TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 Neither you nor HMV may transfer, assign, charge or otherwise dispose of a contract for the purchase/sale of digital items from our Services, or any rights or obligations arising under it or in connection with the Services, without the other's prior written consent save that you agree we may transfer or assign this agreement to HMV Group Plc or a member of its group without your prior consent. You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of the contract.
19.1 If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
20.1 Contracts for the purchase of digital items through our Services and the use of our Services generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive courts of Ontario, Canada.
21.1 All notices given by you to us must be given to HMV Digital Limited at 5401 Eglinton Avenue West, Etobicoke, Ontario Canada M9C 5K6 or via email at email@example.com. We will give notice to you via the Services or at either the e-mail or postal address you provide to us as part of the order process or your registration. Notice will be deemed received and properly served immediately when we post it on our Services, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
QUESTIONS OR COMPLAINTS?
22.1 If you have any queries at all regarding the Services, the items featured on the Services or any of the Terms, please do not hesitate to contact us via the help page at https://hmvdigital.ca/help and we will be delighted to help.