TERMS & CONDITIONS
The following terminology applies to these Terms and Conditions, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Hypergiant Sounds. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Canadian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
These Terms and Conditions apply to your ordering and sales of audio products through the website of Hypergiant Sounds and constitute, together with the license agreement you accept by use of the audio product, the agreement between you and Hypergiant Sounds regarding the audio products purchased. You accept these Terms and Conditions by the sole fact of ordering with Hypergiant Sounds.
Products are licensed to you as a single user by Hypergiant Sounds. Selling, sub-licensing or otherwise sharing our products is prohibited without prior permission. Utilizing our soundsets to create sample libraries, instruments or soundpacks for public distribution is prohibited.
Your online order of an audio product is subject to acceptance by Hypergiant Sounds. Your order may be refused for any reason.
The price for each audio product ordered is reflected on your order. Whilst Hypergiant Sounds endeavors to ensure the prices on its website are accurate, Hypergiant Sounds cannot exclude errors in price indication and reserves the right to correct prices if an error is detected. If a price of an audio product you ordered is corrected, you will be informed of the correction by Hypergiant Sounds within 7 days of your order and offered the opportunity to cancel free of any charges the order for said audio product. Any amounts already paid will be refunded within 30 (thirty) days after such cancellation.
All prices listed on the website are VAT exclusive, where applicable. All products offered are digital, and you will pay no additional shipping or handling charges.
Full payment is due prior to delivery of the audio product.
The audio product will be delivered by making it available for download. After acceptation and processing of your order by Hypergiant Sounds, the audio product will be made available to you by sending an email with a download link.
6. Cancellation and refund
You have a limited 14 (fourteen) day right (counting from the day after you ordered the audio product) to cancel the order/agreement, except for the audio products for which you already performed a download or are deemed to have performed a download. Should you wish to cancel the order/agreement, then you have to inform Hypergiant Sounds thereof within the 14 day period mentioned above using the email@example.com address and certify that no audio download was performed. A refund will be provided within 30 (thirty) days of receipt of the duly executed cancellation form. Cancellation will not be accepted if you download the audio product after Hypergiant Sounds received your cancellation form.
7. Business customers
If you are a business or if the audio products are used wholly or in part for business purposes, you do not dispose of the right to cancel the order/agreement as set forth by paragraph 5. In addition to the limitations of liability set forth in paragraph 7, Hypergiant Sounds shall not be liable to you for any business loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of any product.
8. Limitation of liability
Hypergiant Sounds will in no event be liable to you for any incidental, consequential, special or indirect damages. In no event will Hypergiant Sounds’ liability to you ever exceed the total amount paid by you to Hypergiant Sounds for the audio product purchased. Because some states or jurisdictions do not allow the exclusion or limitation of the aforesaid liabilities, in such states or jurisdictions liability shall be limited to the minimum extent permitted by law.
When you place an order with Hypergiant Sounds, you provide information including your name, e-mail address and billing information which is necessary to complete your order. Billing information is collected by Hypergiant Sounds and our payment providers (Stripe or PayPal) to process payment in connection with your order, and will not be used for any other purpose by us. Hypergiant Sounds will not under any circumstance share your personal information with any third party unless forced by law.
No failure or delay by Hypergiant Sounds in exercising its rights hereunder shall be construed as a waiver or release of that right unless expressly confirmed in writing.
11. Force majeure
Hypergiant Sounds shall have no liability for any failure or delay caused by force majeure.
If any provision of this agreement is found to be void or unenforceable in whole or in part, the agreement shall continue to be valid as to the other provisions and the remainder of the affected provision.
13. Dispute Resolution & Arbitration
By using the Hypergiant Sounds website & products you agree that either party asserting a Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and Hypergiant Sounds agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Both you and Hypergiant Sounds agree that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of this Agreement or the alleged breach of this Agreement, shall, upon timely written request of either party, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based only on written submissions. The arbitration shall be conducted in the city of Hypergiant Sounds’ HQ. The arbitration shall proceed in accordance with the commercial arbitration rules of the Canadian Arbitration Association (”CAA”) in effect at the time the claim or dispute arose.