Welcome to the Brownfox Talking Books Ltd Website Terms and Conditions for Use. These Terms and Conditions apply to the use of this Website at www.brownfoxtalkingbooks.co.uk. By accessing this Website and/or placing an order, you agree to be bound by these terms and conditions.

Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The 'www.brownfoxtalkingbooks.co.uk' website is operated by: Brownfox Talking Books Ltd, a company registered in England and Wales, whose registered office is at 24 Finns Business Park, Crondall, Farnham, Surrey, United Kingdom, GU10 5RX.

1. Introduction
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. Our Library
2.1 Brownfox Talking Books Ltd rents out unabridged audio books on a monthly basis on cassette tapes and CDs through its online Rental Catalogue. When renting, all audio books over eight tapes/CDs in length will be sent out in volumes. For details click on 'How to Rent' on the home page.

2.2 Brownfox also sells unabridged audio books and dramatisations on cassette tape and CD through its online Sales Catalogue.

Buying from Brownfox Talking Books Limited

3. Ordering from us

3.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

3.2 We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

3.3 Your order constitutes an offer by you to purchase the goods specified on this Website on these terms and conditions. No offer placed by you shall be accepted by us other than
(a) by a written acknowledgement issued and executed by us: or
(b) (if earlier) by the dispatch by us of the goods contained in the order to you when a contract for the sale and purchase of the goods on these terms and conditions will be established.

3.4 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

4. Pricing
4.1 Our prices do not include VAT, as we are not registered for VAT.

4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

4.3 Our prices and other relevant charges are reviewed periodically and you should review the rates at 'How to Rent' before placing an order.

5. Cancellation and Returns Policy
5.1 All risk in the goods shall pass to you (including for loss or damage caused after dispatch to you and before you receive the goods).

5.2 If you wish to cancel your order: a) you can notify us by email to accounts@brownfox.co.uk before we have dispatched the goods to you; or (b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 5.3 below.

5.3 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.

5.4 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

5.5 The rights to return the goods to us as referred to in clause 5.3 will not apply in the following circumstances: -
in the event that the product has been used
in the case of an audio book, where any inner packaging has been unsealed
The provisions of this clause 5.5 do not affect your statutory rights.

Renting From Brownfox Talking Books

6. Membership
6.1 If you wish to rent audio books from the Brownfox website you need to register with us on the join now page.

7. How to Rent
7.1 Details can be found by clicking on ‘how to rent’ on the home page. Rental options and prices may be changed from time to time, but the details found on the ‘how to rent’ page will be the most up to date version.

8. Fees, Charges and Payment
8.1 You agree to pay Brownfox Talking Books Ltd a monthly rental fee and any other charges that you may incur in connection with your use of Brownfox Talking Books Ltd. On joining the rental service you commit to rent for a minimum of four months, after which you may unsubscribe from the agreement by e-mail or letter. The first rental fee will be billed at the beginning of your subscription, and on each monthly renewal thereafter, unless and until you cancel, and regardless of how much you use the service. We will invoice you each month on or after the calendar day corresponding to the date that your first audio book was dispatched to you.

8.2 All fees and charges are non-refundable.

8.3 We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.

8.4 The rental fees are paid on invoice monthly by PayPal You can review your payments in your 'My Account' section which is located on the side navigation bar, once you have logged in. You can log in using the customer login box on the left.

9. Delivery and Return of Audio Books
9.1 We currently use the Royal Mail, second-class postage prepaid, to deliver and return the audio books that you have chosen to rent. Please note that you will not receive your next audio book until the previous book rented by you has been received back by us. Actual delivery times may vary for you depending on your delivery address, unforeseen circumstances affecting delivery by the Royal Mail, or occasionally our stock availability. After joining it may take up to 14 working days to receive your first book, if you do not receive it in this period please let us know.

9.2 You agree to treat the tapes/CDs and their reusable packaging with the utmost care at all times. You agree that you may need to compensate Brownfox Talking Books Ltd for any audio book lost or returned in an unacceptable condition in the opinion of Brownfox Talking Books Ltd (beyond reasonable wear and tear), and that you allow Brownfox Talking Books Ltd to charge such compensation to your account. We will notify you of any such charges.

9.3 We are not held responsible for any items sent to us in error. Any tapes or CDs received belonging to either the customer or a third party are returned where possible. However, we are unable to compensate for the loss of such items and likewise we cannot guarantee their return.

9.4 Brownfox Talking Books Ltd reserves the right to charge the replacement cost for any audio book which is lost, damaged or stolen whilst in your possession.

10. Refunds
10.1 Brownfox Talking Books Ltd grants refunds at its sole discretion. We do not offer refunds on any membership charges. There are no refunds for part months of service, whenever you cancel.

11. Cancellation
11.1 You may cancel your subscription to Brownfox Talking Books Ltd at any time, following the initial four-month rental period. To cancel customers must notify us. You can find all of our contact information on the contact page. Once you have requested cancellation, no further audio books will be sent out, unless the next month’s audio book has already been sent out prior to notification of cancellation. Please note that all audio books in the customer’s possession must be returned to us before the cancellation will be confirmed. If outstanding audio books are not returned before the next billing date following cancellation, you will incur further rental charges. Once all audio books have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. We reserve the right to charge a replacement cost of up to £50 for any non-returned audio books. To avoid problems when cancelling, we advise obtaining a certificate of posting when you return our audio book to us.

12. Gift Certificates
12.1 Brownfox Talking Books Ltd gift certificates can be redeemed against any of our products or services. Gift certificates are non-refundable. If you redeem against a monthly rental package, it will continue at the normal monthly rate once the gift vouchers have been used up. From time to time we will run special promotions and gift certificates may be awarded to members to redeem against their monthly rental package. Details of these promotions will be advertised on the Brownfox website.

General

13. Copyright and other Intellectual Property
13.1 You are permitted to print and download extracts from this website for your own personal use on the following basis provided that:
(a) no documents or related graphics on this website are modified in any way; and
(b) no graphics on this website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies. and for any other use, provided that,
(d) if you provide materials to third parties, you may quote from this site only if you give accreditation to Brownfox Talking Books Ltd:

13.2 Any incorporation of any part of this website in any commercial document or materials for sale or profit is not permitted unless you first obtain our prior written consent.

13.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by our licensors or us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 13.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

13.4 Subject to clause 13.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

13.5 Any rights not expressly granted in these terms are reserved.

14. Service Access
14.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

14.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

15. Visitor Material and Conduct
15.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

15.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

15.3 You may not misuse the Website (including, without limitation, by hacking).

15.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 15.2 or 15.3.

16. Links to and from other websites
16.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

16.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Brownfox Talking Books Ltd logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Brownfox Talking Books Ltd trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 16.2 for breach of these terms and to take any action we deem appropriate.

16.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 16.2.

17. Registration
17.1 To register with www.brownfoxtalkingbooks.co.uk you must be over eighteen years of age.

17.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

17.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

17.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

18. Disclaimer
18.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

18.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

19. Data Protection
You acknowledge and agree that your personal data will be processed by and on behalf of Brownfox Talking Books Limited.

20. Liability
20.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

20.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

20.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

20.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

21. Force majeure
21.1 Brownfox Talking Books Ltd shall have no liability to you under the agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Brownfox Talking Books Ltd or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire , flood, storm, or default of suppliers or subcontractors.

22. Severance
22.1 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

22.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

22.3 The parties agree, in the circumstances referred to in condition 22.1 and if condition 22.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

23. Status of pre-contractual statements
23.1 Each of the parties acknowledges and agrees that, in entering into this agreement, it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.

24. Governing Law and Jurisdiction
24.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

24.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

25. Miscellaneous
25.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

25.2 Paragraph headings shall not affect the interpretation of these conditions.

25.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Brownfox Talking Books Ltd August 2006