Terms and Conditions
Effective Date: 7th day of April, 2022
These terms and conditions (the "Terms and Conditions") govern the use of tempobot.net (the "Site") and Tempo the Discord bot (collectively, the "Service"). This Service is owned and operated by Tempo Bot Ltd. This Site is an ecommerce website.
By using the Service, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on the Service is the property of Tempo Bot Ltd and the Service's creators. This includes, but is not limited to image's, text, logos, documents, downloadable files and anything that contributes to the composition of the Service.
Age Restrictions
The minimum age to use the Service is 13 years old. By using the Service, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Service, you agree to use our Service within the laws or regulations set by your local region and the United Kingdom, not to use our Service for illegal purposes, and not to:
- Harass or mistreat other users of the Service;
- Violate the rights of other users of the Service;
- Violate the intellectual property rights of the Service owners or any third party to the Service;
- Hack into the account of another user of the Service;
- Use the Service in any manner which could not be reasonably assumed by the Service's creators to be intended use of the Service;
- Take any action which may disrupt, cause loss or inconvenience to the Service or it's users;
- Attempt to deceive Tempo Bot Ltd regardless of reason;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive
Further to this, you additionally agree to:
- Use the Service in accordance with the Terms of Service for Discord
- Use the Service in accordance with the Community Guidelines for Discord
If we believe you are using the Service illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to the Service. We also reserve the right to take any legal steps necessary to prevent you from accessing the Service.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;
- All personal information you provide to us through your account is up-to-date, accurate, and truthful and that you will update your personal information if it changes
We reserve the right to suspend or terminate your account if you are using the Service illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available through the Service.
The following goods are available as part of the Service:
- A music discovery and streaming service operated through Discord.
We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will submit a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription.
We may either pause or terminate your subscription under the following conditions:
- We receive in writing a request from the holder of the relevant subscription to either cancel or refund the subscription;
- A chargeback is requested by the issuing payment instrument on behalf of the purchaser, in which case we reserve the right to limit, suspend or terminate your use of the Service;
- We receive notification that you may be using the Service in a way which violates these Terms and Conditions; or
- We determine that your use of the Service violates these Terms and Conditions
Should any event occur which results in loss of any records pertaining to any purchases you may have made, it is the responsibility of the purchaser to prove the existence of any purchase which would enable use of the Service.
If you are unable to provide anything which would prove beyond reasonable doubt that you had made any purchase which enabled your use of the Service, then we are not obligated to provide you with use of the Service.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- Debit Card; and
- PayPal
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
You also confirm that you have the permission or legal authority to use the chosen payment instrument for the given purpose.
If we believe your payment has violated any laws, regulations or these Terms and Conditions, we reserve the right to cancel or reverse your transaction and to limit, suspend or terminate your use of the Service.
Right to Cancel and to a Refund
You may at any time exercise your right to cancel any payment (either recurring or single time) made through the Service. If the payment is for physical goods then your right to cancel will be allowed up until the point of fulfillment, after which point you must go through the relevant steps to receive a refund.
Except in the case of an error on our end, we may at our own discretion offer a refund upon request from the purchaser. Whilst we will always try to be fair and reasonable, we reserve the right to refuse or deny such
requests. We are also not required to disclose any reason which may have been an influence in determining whether to accept or deny any requests for a refund.
Additionally, if your use of the Service is in violation of these Terms and Conditions then we are not required to process any form of refund or reimbursement to you.
The limitation for consideration of a refund in regard to digital services is up to 7 days from the date of fulfillment. For physical goods, this limitation for consideration is 14 days from the date of fulfillment.
For Subscriptions:
If your subscription is recurring, then we may offer a pro-rata refund if outside this period which shall be the sum of the unused period rounded up to the nearest cent.
If your subscription is for lifetime, then the subscription is valid up to the lifetime of the purchased service(s) and as such is not eligible for any refund outside the limitation for consideration.
The following information is required when submitting a request for cancellation or refund:
For Physical Goods:
The following information is required when submitting a request for cancellation or refund:
- The shipment address;
- The item(s) you would like to return for a refund;
- The transaction amount of each item; and
- The order number;
From the point of request for a refund for any physical goods, you will have 14 days to return the physical goods or the request will be cancelled, and you will forfeit any right to a refund.
If there is an issue with the returned goods such as but not limited to: missing or damaged goods. We reserve the right to either amend the refundable amount or to return the goods to you at no extra cost.
We will do what is reasonably acceptable to contact you regarding any such issues stating your available choices, if we do not receive any response from you detailing your desired choice within 7 days then we will automatically return the goods to you at no extra cost to the original shipment address.
Please note that we are unable to modify the shipment address in any such case where we return the purchased goods to you.
We will process your refund upon receipt of the returned goods.
It is the responsibility of the user to make sure all requests they submit for cancellation or refund are accurate and contain the required information.
We reserve the right to deny any request for a refund if it is found to be incomplete, dishonest, inaccurate or in violation of these Terms and Conditions.
The right to cancel or for a refund does not apply to:
- Custom or personalised goods; and
- Goods that will deteriorate or expire rapidly
We may ask for more information than is initially stated here for the purposes of security, to retrieve information which was not originally provided in the request or to verify the legitimacy in any requests. If we do require additional information then you must respond to us
within 4 days or up until the limitation for consideration (whichever the greater). After which if you do not respond then you will forfeit your right to a refund.
You must submit any request to cancel or for a refund by sending us an email.
Effects of Cancellation
By cancelling, you acknowledge that you will lose anything enabled or provided to you as a result of the payment. You also acknowledge that in the context of physical goods, you are required to return any fulfilled orders or be subject to a charge for the value of the purchased goods.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Tempo Bot Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Service.
Indemnity
Except where prohibited by law, by using the Service you indemnify and hold harmless Tempo Bot Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Service or your violation of these Terms and Conditions.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Tempo Bot Ltd are unable to resolve any dispute through informal discussion, then you and Tempo Bot Ltd agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Tempo Bot Ltd. The costs of any arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Tempo Bot Ltd agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the Service and the way we expect users to behave whilst using the Service. It is your duty to stay up to date with the latest changes of these Terms and Conditions.
Contact Details
Please contact us by post if you have any questions or concerns. Our contact details are as follows:
71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ