Heavy - Terms of Website Use


This document provides you with certain information about the use of our website enzienaudio.com ("Website"), whether as a guest or a registered user.

Please read the following documents carefully before you start to use the Website:

By visiting our Website, you confirm that:

  • you accept the Terms of Website Use and agree to abide by them. If you do not agree to the Terms of Website Use, please refrain from using our Website.
  • you accept, and agree to abide by, all the policies in the Acceptable Use Policy, which supplement our Terms of Website Use.
  • you understand our approach and practices regarding your personal data and how we will treat it, and you accept and consent to the practices described in our Privacy Policy.
  • you agree to our use of cookies, about which we have provided you with additional information in our Cookie Policy.

Terms of Website Use

Who we are and how to contact us


  • enzienaudio.com is a Website operated by Enzien Audio Ltd ("We").

  • We are a limited company registered in England and Wales under company number 09272584.

  • Our registered office is:

    Enzien Audio Ltd
    First Floor
    Telecom House
    125-135 Preston Road
    Brighton
    BN1 6AF
    
  • To contact us, please email info@enzienaudio.com.

By using our website you accept these terms


  • By using our Website, you confirm that you accept these Terms of Website Use and that you agree to comply with them.

  • If you do not agree to these terms, you must not use our Website.

  • These Terms of Website Use refer to our Acceptable Use Policy, Privacy Policy and Cookie Policy (together, our Policies), which also apply to your use of our Website.

We may make changes to these Terms of Website Use


  • We reserve the right to amend these Terms of Website Use and any of our Policies from time to time. Every time you wish to use our Website, please check them to ensure you understand the terms that apply at that time.

  • You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

  • Some of the provisions contained within our Policies may also be superseded by provisions or notices published elsewhere on our Website.

We may make changes to our Website


  • We may update and change our Website from time to time to reflect changes to our products, our users' needs or any other aspect of the way we run our business.

We may suspend or withdraw our Website


  • We do not guarantee that our Website, or any content on it, will always be available or that your ability to use it will be uninterrupted.

  • We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons.

  • Your user account with us should belong to and only be accessible by you. This means that you must ensure that no-one else, including for example other members of your household, has your permission to access or use your account and that you exercise reasonable care to ensure that such access or use does not take place. Each user account is available to one natural person only and must not under any circumstances be registered or operated automatically by a computer programme or otherwise.

You must keep your account details safe


  • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

  • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Website Use or any of our Policies.

  • If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately at info@enzienaudio.com.

Do not rely on information on this Website


  • The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

  • You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

  • Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.


  • Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

  • Such links should not be interpreted as approval by us of those linked sites or any information that you may obtain from them. We have no control over the contents of those sites or resources.

Rights in material on our Website

  • With the exception of user content hosted on the Website, all intellectual property rights in our Website and the material on it are, as between you and us, vested in us.

  • You must not use any part of the content on our Website (except any content that you have generated) for commercial purposes without obtaining a licence to do so from the owner of that content.

User-generated content is not approved by us


  • Our Website may include information and materials uploaded by other users, including comments posted to forums. This information and these materials have not been verified or approved by us.

  • The views expressed by other users on our Website do not necessarily represent our views or values.

Our responsibility for loss or damage suffered by you


  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • If you are buying products from us, certain limitations of liability may apply. These are specified in our terms and conditions of sale.

  • We exclude all conditions, warranties, representations or other terms implied by law that may apply to our Website or any content on it.

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise however it arises and, even if foreseeable, arising under or in connection with:

    • your use of, or inability to use, our Website.
    • your use of or reliance on any content displayed on our Website.
  • In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue.
    • business interruption.
    • loss of anticipated savings.
    • loss of business opportunity, goodwill or reputation.
    • any indirect or consequential loss or damage.
  • We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing correctly to follow installation instructions or to have in place the minimum technical requirements advised by us.

  • The exclusions of liability in this section apply to the fullest extent permissible by law.

Uploading content to our site


  • Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy. If you fail to comply with those standards, you will indemnify us for that failure. In other words, you will be responsible for any loss or damage that we suffer as a result of it.

  • Any content that you upload to our Website will be transferred, stored and accessed through secure encryption methods.

  • All content uploaded will normally be accessible to all visitors to our Website.

  • However, we may at our discretion from time to time provide a facility for content uploaded by subscribers to our Website to be kept private.

  • We may also from time to time, again at our discretion, provide a facility for private data to be downloaded by a restricted set of subscribers chosen by the content owner.

  • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

  • We have the right to remove any posting that you make on our Website if, in our opinion, your posting does not comply with the content standards set out in our Acceptable Use Policy.

  • You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload


  • When you upload or post content to our Website, you grant us the following rights to use that content:
    • You grant to us a licence to store, process, modify or reproduce any materials uploaded by you on our Website.
    • You also grant to other users of the Website or any third party the right to use any content that you upload to the Website, including the ability to download, modify or reproduce such materials.

We are not responsible for viruses and you must not introduce them


  • We do not guarantee that our Website will be secure or free from bugs or viruses.

  • You are responsible for configuring your information technology, computer programmes and platform to access our Website.

  • You should use your own virus protection software.

Rules about linking to our Website


  • You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation in any way, nor imply without our prior consent that we have approved or endorsed you in any way.

  • You may establish a link to our Website but we reserve the right to withdraw linking permission from you at any time.

  • Any website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

  • The Website name and logo are the property of Enzien Audio Limited.

Which country's laws apply to any disputes?


  • Please note that these Terms of Website Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

  • You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Acceptable Use Policy

Interactive Services


  • We may from time to time provide interactive services on our Website including, without limitation, forums or the ability to upload comments (interactive services).

  • You must be aged 16 or above in order to use any of our interactive services. If you are under 16 you are not permitted to use any of these services.

  • Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

  • However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Prohibited uses


  • You may not use our Website:

    • In any way that breaches any applicable local, national or international law or regulation.
    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • For the purpose of harming or attempting to harm minors in any way.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content or technical standards from time to time.
    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other similar form of solicitation (spam).
    • Knowingly to introduce, transmit or upload any data or material which contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware, any other material or program that is malicious or technologically harmful or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • To reproduce, duplicate, copy or re-sell any part of our Website if that would in any way give rise to a contravention of the provisions of our Terms of Website Use.
  • You must not access without authority, interfere with, damage or disrupt:

    • any part of our Website.
    • any equipment or network on which our Website is stored.
    • any software used in the provision of our Website.
    • any equipment or network or software owned or used by any third party.

Content standards


  • These content standards apply to any and all material which you contribute to our Website (contributions), and to any interactive services associated with it.

  • You must comply with the spirit and the letter of the following standards.

  • The standards apply to each part of any contribution as well as to its whole.

  • Contributions must:

    • Be accurate (where they state facts).
    • Be genuinely held (where they state opinions).
    • Comply with applicable law in the UK and in any country from which they are posted.
  • Contributions must not:

    • Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful or inflammatory.
    • Promote sexually explicit material.
    • Promote violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any copyright, database right or trade mark of any other person.
    • Be likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal activity.
    • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person;
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
    • Be unlawful in any other manner.

Suspension and termination


  • We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy or any other Policy through your use of our Website.

  • When a breach of this policy has occurred, we may take such action as we deem appropriate.

  • Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

    • Immediate and temporary or permanent withdrawal of your right to use our Website.
    • Immediate and temporary or permanent removal of any posting or material uploaded by you to our Website.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  • We exclude liability to you for actions taken in response to breaches of this Acceptable Use Policy.

  • The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Privacy Policy

  • For the purpose of the Data Protection Act 1998 (the Act), the data controller:
    Enzien Audio Ltd
    First Floor
    Telecom House
    125-135 Preston Road
    Brighton
    BN1 6AF
    

Information we collect from you


  • We will collect and process the following data about you:

    • Information you give us. This is information about you that you give us by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise. It includes information that you provide when you register to use our Website, upload content to our Website, download, interact or view content from our Website, subscribe to our service, search for a product, place an order on our Website, participate in discussion boards or other social media functions on our Website including comment, feedback or tagging functions and when you report a problem with our Website. The information you give us may include your personal name, organisation name, members of your organisation, address, e-mail address and phone number, username and password, patch or project information, display name, financial and credit card or other billing information, personal description, photograph, Twitter handle or API token names.
    • Information we collect about you. With regard to each of your visits to our Website we may automatically collect the following information:

      • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
      • information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
    • Information we receive from other sources. This is information that we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share that data internally and combine it with data collected on this Website. We will also have told you for what purpose we will share and combine your data. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Uses made of the information


  • Information you give to us. We will use this information:

    • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us.
    • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about.
    • to provide you with information about goods or services that we offer and which we feel may interest you, provided that you have previously consented to this. If you do not want us to use your data in this way please tick the relevant box situated on the form which we use to collect your data (the sign up form).
    • to notify you about changes to our service.
    • to ensure that content from our Website is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:

    • to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
    • to improve our Website to ensure that content is presented in the most effective manner for you and for your computer.
    • to allow you to participate in interactive features of our service, when you choose to do so.
    • as part of our efforts to keep our Website safe and secure.

Disclosure of your information


  • You agree that we have the right to share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries (all of which expressions are defined in section 1159 of the UK Companies Act 2006), selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you or credit reference agencies for the purpose of assessing your credit score where this is a condition of our entering into a contract with you.

  • You also agree that we have the right to share your personal information with analytics and search engine providers that assist us in the improvement and optimisation of our Website.

  • We will also disclose your personal information to third parties in the following limited circumstances:

    • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
    • If Enzien Audio Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
    • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Website Use and other agreements; or to protect the rights, property, or safety of Enzien Audio Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • Where we provide links to external sites, you should check their privacy policies before submitting any personal data to these sites.

  • We shall not share your personal information with third parties for advertising or marketing purposes without your express prior consent.

How and where we store your personal data


  • If we or our service providers transfer any information out of the European Economic Area (EEA), it will only be done in full compliance with English Law.

  • Any payment transactions will be encrypted using SSL technology.

  • Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential.

  • We ask you not to share a password with anyone.

  • Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website: any transmission is at your own risk.

  • Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access.

  • You have the right to ask us not to process your personal data for marketing purposes.

Access to information


  • The Act gives you the right to access information held about you.

  • Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Cookie Policy

Information about our use of cookies


  • Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website.

  • By continuing to browse the Website, you are agreeing to our use of cookies.

  • A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree.

  • Cookies contain information that is transferred to your computer's hard drive.

  • We use the following cookies:

    • Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
    • Analytical/performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.
    • Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Please note that third parties (including, for example, providers of external services such as web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

  • You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.