Lucky Voice Karaoke Terms and Conditions
Last updated: 8 May 2018
The website www.luckyvoicekaraoke.com and/or any application which facilitates access to the website is owned and operated by Lucky Voice Group Limited ('Lucky Voice') a company incorporated in England whose registered address is 27-28 Eastcastle Street, London, W1W 8DH.
Lucky Voice is a trade mark owned by Lucky Voice Group Limited.
This is the user agreement that governs your use of the Website and application and the provision of the services we provide you. Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and application and the services we provide you.
1. General Terms
a) The material displayed on our website and application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
b) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website and application or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
c) Please address any customer service communications to the following:
By email: firstname.lastname@example.org,
By post: Lucky Voice Customer Service, 27-28 Eastcastle Street, London W1W 8DH,
By telephone: 020 7907 7730.
d) If you are unhappy with the service you have received please send an email to email@example.com with the subject line COMPLAINT. We take your feedback very seriously and will endeavour to investigate the matter fully.
e) We reserve the right to make changes to our website and application, policies, and these terms at any time. You will be subject to the policies and terms in force at the time that you use the website or application or that you order goods from us, unless any change to those policies or these terms are required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
f) When you sign up, you have to option to consent and opt-in to occasional emails with Lucky Voice updates and offers that we think might be of interest to you. You can opt out of these at any time by emailing us at firstname.lastname@example.org.
2. Terms Relating to Website Use
The following terms apply to your general use of our website and application:
a) Access to our website and application is permitted on a “as is” basis, and we reserve the right to withdraw or amend the service we provide on our website or application without notice (see below). We will not be liable if for any reason our website or application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website or application, or our entire website or application, to users who have registered with us.
c) When using our website or application, you must comply with the provisions of our acceptable use policy.
d) You are responsible for making all arrangements necessary for you to have access to our website or application. You are also responsible for ensuring that all persons who access our website or application through your internet connection are aware of these terms, and that they comply with them.
e) We are the owner or the licensee of all intellectual property rights in our website and application and all products and materials which we may make available from it including without limitation files, images, scripts, music and text. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You accept that neither we nor our licensors as may be appropriate grant you any licence in respect of any of these rights.
f) You may (a) print off one copy for backup purposes only and (b) download extracts of any page(s) from our website or application for your personal reference and you may draw the attention of others within your organisation to material posted on our website or application. You may not use copies of downloaded material for commercial purposes without obtaining a licence from us, and you must ensure that all copies of downloaded material retain any copyright or other intellectual property notices which appeared in the source material.
g) Other than as may be specifically permitted by these terms, you agree that you will not reproduce any content obtained from our website or application in any manner, and in particular but without limitation that you will not sell, distribute, sub-license, rent, lease, transmit, broadcast or give away such content or in any manner make it available to third parties or exploit it any way or permit it to be exploited for profit. You agree that you will fully and effectively indemnify us against any claims, demands, costs and damages which we may incur howsoever arising as a result of your failure to comply with this clause. You will notify us immediately if you become aware of any unauthorised use of our service or our intellectual property rights.
h) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
i) Our status (and that of any identified contributors) as the authors of material on our website and application must always be acknowledged.
k) All rights not explicitly granted by these terms are reserved by us.
l) Commentary and other materials posted on our website and application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website and application, or by anyone who may be informed of any of its contents.
m) We aim to update our website and application regularly, and may change the content at any time. If the need arises, we may suspend access to our website or application, or close it indefinitely. Any of the material on our website or application may be out of date at any given time, and we are under no obligation to update such material.
o) Whenever you make use of a feature that allows you to upload material to our website or application, or to make contact with other users of our website or application, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
p) Any material you upload to our website or application for public use (this does not include personal data given to sign up to the karaoke service, purchase an item in the shop or to send a message to feedback) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website or application constitutes a violation of their intellectual property rights, or of their right to privacy.
q) We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website or application.
r) We have the right to remove any material or posting you make on our website or application if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
s) You must not misuse our website or application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website or application, the server on which our website and application is stored or any server, computer or database connected to our website and application. You must not attack our website or application via a denial-of-service attack or a distributed denial-of service attack.
t) By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website or application will cease immediately.
u) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or application or to your downloading of any material posted on it, or on any website or application linked to it.
v) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
w) Our website or application must not be framed on any other website or application. We reserve the right to withdraw linking permission without notice. The website or application from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
x) If you wish to make any use of material on our website or application other than that set out above, please address your request to email@example.com with the subject line BUSINESS.
y) Where our website or application contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
z) The Lucky Voice website or application may include songs featuring adult lyrics and themes and as such children under 18 may only use the site under guidance from their parent or guardian.
3. Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.luckyvoicekaraoke.com ('the website'). This acceptable use policy applies to all users of, and visitors to, our site.
Monitoring and Performance
We may monitor usage, including without limitation, any content (including content usage levels by individual users) or material transmitted over the Service. We reserve the right (at our sole discretion) to monitor and control data volume.
In the event that your use of the Broadband Service
· risks degradation of service levels to other customers,
· puts our system at risk,
· is not in keeping with that reasonably expected of a Lucky Voice Online Karaoke customer,
· is used for commercial use without a commercial subscription and/or
· does not comply with these Terms and Conditions (including the Acceptable Use Policy),
You may use our site only for lawful purposes.
a) You may not use our site:
· For commercial purposes without the appropriate commercial subscription.
· 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 standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
b) You also agree not to:
• Use Lucky Voice Online Karaoke in the public arena unless for use in schools specifically for education services.
· Reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
· Use our website or application or any interactive services for business purposes including the solicitation of business. If it is used for business purposes you must consult Lucky Voice Solutions here: http://solutions.luckyvoice.com/karaoke-software/
· Resell access to our website or application.
· Download user account information.
· Frame our website or any part of it.
· Copy any material obtained from our website or application to peer to peer networks or other web sites or web services.
· Access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment or network on which our site is stored;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.
a) We may from time to time provide interactive services on our site such as bulletin boards or chat rooms (interactive services).
b) We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, 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.
c) The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
d) Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
a) These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
b) You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
c) 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.
d) 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.
Suspension and termination
a) We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
b) If service monitoring reveals an individual’s usage levels exceed 1000 songs in any given month, we reserve the right to investigate whether that user is using the Lucky Voice service for commercial purposes. In such circumstances we reserve the right to suspend the user’s service until our investigations are complete.
c) People found to be showing Lucky Voice Online Karaoke content in commercial premises without having entered the correct commercial subscription agreement may face criminal prosecution and termination of the service.
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
· 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.
e) We exclude liability 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.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. 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 in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
4. Conditions of Sale of Goods and Services
Pricing and availability
We list availability information for products and services sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website and application, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed despatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Our service on our website is priced at £6.99/month, this pricing is agreed to when agreeing to become a member of Lucky Voice Online Karaoke. You can easily cancel your membership and sign up again. If you have trouble cancelling your account, please contact firstname.lastname@example.org and we'll be able to cancel this for you.
Our service through the app is priced at £6.99/month, this pricing is agreed to when signing up through the app. You can easily cancel your subscription, by managing your iTunes subscriptions on your iOS device. If you have trouble doing so, please contact email@example.com and we'll be able to guide you further on how to cancel your subscription.
All payments on our site are processed through Lucky Voice servers. Lucky Voice does not store your credit card or debit card details.
We dispatch all goods with Parcelforce. We will make every effort to dispatch each order within 24hrs of receipt of the order, but please allow 3 working days for delivery. We currently only deliver within the United Kingdom.
Returns and refunds
The following terms only apply to goods and services bought via the Website or via Amazon.co.uk. For Lucky Voice goods bought from any other outlet please refer your request to the outlet from which you bought it.
Return of non-faulty goods
Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase at any point from the time of ordering until seven working days after delivery.
To qualify for a refund as a result of such a cancellation you must cancel this contract in writing within seven days of taking delivery. To do so please contact us here, or email us at firstname.lastname@example.org with the subject KARAOKE KIT, stating the Order ID number (which you can find in your order confirmation email from email@example.com or Amazon.co.uk), your name and address, the date you placed the order and giving your clear instruction to cancel the order. We will then send you a Cancellation Reference Number by email.
In addition, if the order has already been dispatched: we must receive the item at our Lucky Voice Returns Address within 7 working days after delivery with the Cancellation Reference Number clearly marked on the outside of the package.
We recommend that you use a secure delivery method which requires a signature on receipt, as this insures the package in case it goes missing. The product and all delivery costs will remain your responsibility until it has been signed for at our returns address.
We do not accept responsibility for products lost or damaged in the post; and when we receive it at our Lucky Voice Returns Address the item must be unused and in its original, saleable condition, complete with all parts, accessories, instructions and packaging. This includes packaging items such as cable ties.
If the conditions above are met in full we will issue a refund to the method of payment used to pay for the item.
If we receive a returned item and the conditions above are not met in full then we will be unable to issue a refund. In this case we will contact you to organise the return of the item at your expense.
Return of faulty goods
We will replace or refund faulty items if returned and received at our returns address within 30 days of delivery and in accordance with the following returns process.
If you suspect an item to be faulty:
· Visit the Help section of the http://help.luckyvoice.com/ and follow the instructions to try to solve your problem.
· If the fault persists contact us here, or email firstname.lastname@example.org with the subject line KARAOKE KIT.
In the body of the email quote your Order ID number (you can find it in your order confirmation email from email@example.com or Amazon.co.uk), your name and address, the date you placed the order and describe the nature of the fault in detail.
Once we have determined the exact nature of the fault we will send you a fault code, and ask whether you would like a refund or replacement.
On receipt of the fault code securely pack the faulty item in its entirety, including original packaging, instruction sheet and all cable ties etc, clearly marking the fault code on the front of the package and send to the Lucky Voice Returns Address.
We recommend that you use a secure delivery method which requires a signature on receipt, as this insures the package in case it goes missing.
On receipt, if the above conditions have been met in full, we will test the item to confirm the fault. On confirmation of the fault we will issue a refund to the original method of payment or (subject to stock availability) send a replacement item to the address indicated on the returns form. We will also refund the delivery fees incurred in returning the faulty item, up to a maximum of £10.
If the fault is not confirmed (at our absolute discretion) or the conditions above are not met in full we reserve the right to not issue a refund or replacement. In this case we will be in contact to determine whether you wish the item to be returned to you at your expense.
This returns policy does not affect your statutory rights.
Lucky Voice Returns Address
Please send items to be returned to the following address. Please note that unless the returns policy above is followed exactly we will not be able to process your return and accept no liability for any items you send to us.
Lucky Voice Returns,
iMS a division of CDL London Ltd,
3a Bluebell Business Park,
Refund of subscription and song credit payments
Due to the immediate-use nature of 'unlimited singing' subscriptions and song credits we are afraid we cannot offer refunds for purchase of these services. If you have a problem with your song credits or subscriptions please contact firstname.lastname@example.org with the subject heading SUBPROBLEM.