|1.1||These Terms and Conditions will apply to the purchase of Services by you (the Customer or you). We are The Mix Consultancy of Flint Barn Studio, Adwell, Thame, OX97DQ , United Kingdom (the Supplier or us or we), at www.themixconsultancy.com (the Website).|
|1.2||By accessing and using this Service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular Services, you shall be subject to any posted guidelines or rules applicable to such Services. Any participation in this Service will constitute acceptance of this agreement. You can only purchase the Service from the Website if you are eligible to enter into a contract and are at least 18 years old. If you do not agree to abide by the above, please do not use this Service.|
|2.1||The description of the Services is as set out in the Website.|
|2.2||We can make changes to the Services which are necessary to comply with any applicable law. We will notify you of these changes.|
3. Personal Information
|3.2||We may contact you by using email or other electronic communication methods and you expressly agree to this.|
4. Basis of Sale
|4.1||The description of the Services in our Website does not constitute a contractual offer to sell the Services. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.|
|4.2||The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.|
|4.3||A contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an order you agree to us giving you confirmation of the Contract by means of an email with all the information in it (i.e. the Order Confirmation).|
|4.4||No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.|
5. Fees and Payment
|5.1||The fees (Fees) for the Services is that set out on the Website at the date we accept the Order or such other price that we may agree in writing.|
|5.2||You must pay by submitting your credit card or debit card details with your Order and we can take payment immediately.|
|6.1||We aim to deliver the Services within 2 working days of entering into the Contract. However, this is not a guarantee and we will not be held responsible or liable for any losses incurred through later delivery of the Services.|
7. Withdrawal and Cancellation
|7.1||You can withdraw the order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring liability.|
|7.2||This is a distance contract, which means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. As the Services are clearly personalised, they cannot be cancelled once work has commenced by us. If you wish to cancel once the Contract has been entered into, please contact us immediately and, provided no work has been done on the Contract, we will reimburse you in full.|
|7.3||We will make the reimbursement using the same means of payment as you used for the initial transaction, and you will not incur any fees as a result of the reimbursement.|
8. Money Back Guarantee
|8.1||If you aren't happy with where our advice has taken your mix we will refund you in full. All we ask is that you send us the new version with all the changes that we have suggested, just to make sure we communicated our thoughts properly, and if those changes have been made and you are still unhappy then you will receive your refund within 48 hours.|
9. Successors and Sub-Contractors
|9.1||Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for it's obligations under the contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform it's duties.|
10. Circumstances beyond the control of either party
|10.1||In the event of any failure by a party because of something beyond it's reasonable control: a) the party will advise the other party as soon as reasonably practical, b) the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.|
11. Governing law, jurisdiction and complaints
|11.1||The Contract (including any non-contractual matters) is governed by the law of England and Wales.|
|11.2||Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.|
|11.3||We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.|
We have a pretty simple approach to data protection and privacy, which can be summarized as follows:
You should know exactly what we do with your information.
You should have full control over your information.
Information we collect about you
We collect information about you from various sources.
Information provided by you:
|Essential information: When you upload a Song to the Website, you will need to provide your email address. In addition, when you purchase a Consultation, you will also need to provide your real name, billing address and payment verification information.|
|Information from correspondence: You will provide certain personal data if you contact us by email, use any of the webforms on the Website, or contact us by mail, fax or other offline means.|
|Information that you post: You may provide personal data when you upload Songs to us, if you so wish.|
Information we collect automatically.
There is certain information that we collect automatically as the result of your use of the Website. This information includes but is not limited to:
|The Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform).|
|The specific actions that you take on the Platform, including the pages that you visit and uploading tracks.|
|The time, frequency and duration of your visits to the Website.|
|Your browser type and operating system.|
|The nature of the device from which you are accessing the Website, for example, whether you are accessing the Platform from a personal computer or from a mobile device and its device-ID.|
|Information collected through cookies and similar technology, as described in our Cookies Policy.|
|Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.|
How we use your information
We use the information that we collect about you for the following purposes:
Use of, and interaction with the Platform:
|To identify you as the creator of the Songs that you upload.|
|To provide you with technical support.|
|To respond to you about any comment or enquiry you have submitted.|
|To prevent or take action against activities that are, or may be, in breach of applicable law.|
|Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications. For information about how to change your preferences, and to unsubscribe from newsletters, marketing messages and email notifications, please contact us on email@example.com.|
Improving and customizing the Website and advertising:
|To analyze the use of the Website, and the people visiting the Website, in order to improve The Mix Consultancy and customize it to your needs and interests.|
|To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time.|
For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.
Sharing of your information
|With your consent: We will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.|
|Service providers: We use certain reputable third parties, some of whom may be located outside of the European Economic Area, to provide us with certain specialized services related to the Website. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us.|
|Advertisers may use third party services to ensure their ads are properly served and to measure the success of their campaigns on websites and apps. We allow these services to collect and use the information for such purposes.|
|As aggregated data: We may aggregate your personal data with similar data relating to other users of the Website in order to create statistical information regarding the Website and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.|
|If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.|
|To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Website.|
|In the context of a business transfer: We may transfer your information to any person or company that acquires all or substantially all of the assets or business of The Mix Consultancy, or on a merger of our business, or in the event of our insolvency.|
Cookies and similar technology
Ads displayed to you are in some cases provided by third parties. These may and as far as allowed by your settings or your device, use information about your visit and interaction with the Website in order to show you personalized ads of products and services that may be of interest to you. Personal information such as your name or email address will not be shared with these.
Choice and control
We do our best to give you as much choice as possible regarding the amount of information you provide to us, and the control you have over that information. It is not necessary for you to provide us with any personal data in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above).
Cookies Information on how to block or disable cookies is included in our Cookies Policy. Further information is available at www.aboutcookies.org.
Access to your data
If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any personal data that we hold about you, please contact us via firstname.lastname@example.org.
International data transfers
What are cookies?
Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser.
To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit www.aboutcookies.org.
The Mix Consultancy cookies
We use our own cookies to recognize you when you visit our website or use our apps.
Third party cookies
Google Analytics and Google Website Optimizer
Google cookies are those beginning "__ut".
To opt out of this analysis by Google, please see the Opting Out section below.
Google AdWords and Google Remarketing
We use the online advertising program Google AdWords and the Google Remarketing technology, both operated by the company Google Inc. ("Google").
For measuring conversion with Google AdWords, a conversion tracking cookie is placed when a user clicks on a The Mix Consultancy advertisement delivered by Google ("Ads"). Conversion tracking cookies expire after 30 days and are not used for personal identification. Google uses a different cookie for each Google AdWords customer and there is no consolidation of the cookie data with other data. If you click on one of our Ads and proceed to a page equipped with a conversion tag and the cookie has not yet expired, the conversion is documented. With the help of the conversion tracking cookie we see the total number of conversions and are able to review the performance of our Ads. You can find more information about Google AdWords here.
When you click on one of our Ads, a Google Remarketing cookie is placed. This cookie helps to serve our Ads to you at a later time when you browse pages of the Google content network. Remarketing cookies expire after 30 days and are not used for personal identification. For more information on Google Remarketing, please see here.
Google cookies are those beginning "__ut".
To opt out of personalized ad serving by Google, please see the Opting Out section below.
DoubleClick, Adswizz and Global
Please be aware that even if you opt out of interest-based ads, you may still see ads based on factors such as your general location derived from your current IP-address, your browser type and recent, previous searches related to your current search.
In addition to cookies, we also use the following standard Internet technologies in connection with your use of the Platform:
|Clear GIFs: We use "clear GIFs", sometimes known as "web bugs", which are small image files that we embed into our email newsletters. These clear GIFs tell us whether you opened the newsletter, clicked on any of the content or forwarded the newsletter to someone else. This provides us with useful information regarding the effectiveness of our email newsletters, which we can use to ensure that we are delivering information that is relevant to our users.|
|Personalized advertising on mobile devices: Where cookie technology is not available other unique identifiers may be used instead (e.g. in mobile applications), which perform similar functions, such as IDFA, Android-ID or the Google Advertiser ID. To opt-out of identifiers on mobile, please see the Opting Out section below.|
|Information that you post: You may provide personal data when you upload Songs to us, if you so wish.|
We think it’s important that you are able to control the collection of personal data relating to your use of The Mix Consultancy, and have therefore made sure that you can opt out of any personal data collection using cookies or other technologies as set out below (Please note that you cannot opt out of our use of Flash cookies or HTML5 local storage as these are necessary for the technical operation of the platform. However, we do not use these technologies to collect any personal data).
|You can use the settings within your browser to control the cookies that are set on your computer or mobile device. However, please be aware that cookies are important to many aspects for the Website – if you set your browser to reject cookies, you may not be able to enjoy all of the features of the website. To find out how to see what cookies have been set and how to reject and delete cookies, please visit www.aboutcookies.org.|
|To opt-out of analysis by Google Analytics on our website and other websites, please visit Opt Out.|
|To opt-out of personalized ad delivery on the Google content network, please visit Google’s Ads Preferences Manager or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here.|
|You can also manage many companies’ cookies used for online advertising at the US-based aboutads.info choices page or the EU-based Your Online Choices. Or you may choose to change your browser settings to opt-out of cookies.|
|To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select "ads" to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.|
|To opt-out of location tracking when using our apps, you can use the settings of your device.|
|Clear GIFs are included in our email newsletters. You can unsubscribe from our newsletters at any time by following the link in the newsletter itself.|
Consent to cookies and similar technologies