1.2 The Kurv terms of sale which applies if you purchase goods from our site.
We are a limited company registered in England and Wales under company number 09264920 and have our registered office at 25 Newman Street, London W1T 1PN. Our main trading address is the same as our registered office address. Our VAT number is GB215437915.
3.3 You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity from your account, whether or not such activity was authorised by you.
3.4 If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing and change your password at the earliest possible opportunity.
4.1 Description of Software. Software includes the Kurv mobile app, Kurv computer software, and any other software products offered by us in the future.
4.2 Operating System Requirements. The operating system requirements for the Software may vary from time to time. Information on the operating system requirements is set out in support.
4.4 Updates. We are not required to provide any updates of the Software, but may offer free supplementary software code or updates of the Software incorporating "patches," corrections of errors and Software updates, in our sole discretion (“Updates”) which are recommended. You acknowledge that downloading of such Updates may be necessary in connection with our warranty offer below. We reserve the right to discontinue a software product line at any time.
Except as expressly permitted, in using the Platform, which includes both the Services and Software, you agree to the following restrictions:
6.1 Not to violate, circumvent or attempt to violate or circumvent any data security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorised to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
6.2 Not to rent, lease, sell, sublicense, loan, translate, merge, copy, adapt, alter, vary or modify the Platform;
6.3 Not to deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person or otherwise use or attempt to use another person's account, password, or other information, unless you have express permission from that other person;
6.4 Not to collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
6.5 Not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things except to the extent permitted by applicable law;
6.6 Not to access the Platform in connection with any non-authorized operating systems, hardware or access points;
6.7 Not to use the Software, or permit use of the Software, or make functionality of the Software available for use, in a network, multi-user arrangement or remote access arrangement, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other online use or type of services, except as otherwise explicitly provided by us;
6.8 Not to create data or executable programs which mimic data or functionality in the Platform;
6.9 To only use the Platform in compliance will all applicable laws, including without limitation export controls and regulations.
7.2 Sharing Your Content: License to Other Users. Once your Content is on the Platform you may choose, in your discretion, to make that Content available to other users (also referred to as “Public Content”) and, in addition to the license you grant us above, you also license your Public Content to other users of the Platform through the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License located here.
7.3 Control of Content. You can limit and restrict the availability of your Content to other users of the Platform at any time using the settings, subject to the licences already granted to other users who have previously been given permission to deal with your Public Content. Where applicable, the licences granted in this section by you are granted separately with respect to each item of your Content that you upload to the Platform and identify as Public Content.
7.4 Deleting Your Content. Licences with respect to Content will terminate automatically when you remove such Content from your account, delete your account, or limit the availability of that Content, except you do not have the right to restrain other users or Kurv from using your Public Content that you have previously granted a licence as set out above.
7.5 Moral Rights. With this license to other users you unconditionally and irrevocably waive all moral rights in that Content to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
8.1 Content Restrictions. You represent and warrant that you will only use Content that you have rights to and that does not create liability for us. You agree not to use the Platform in connection with any Content that:
8.2 Liability for Content. You agree that we:
8.4 Notice and Takedown. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of one, and you believe that any Content on the Platform infringe your copyrights, you may submit a notification to our copyright.
8.5 Termination of Repeat Infringers. We will promptly terminate without notice those accounts of users which we determine are “repeat infringers.” A repeat infringer is a user who has been notified by us of infringing activity violations more than once.
9.1 Ownership. We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it, except for Content as we described above. Subject to the licenses herein, you and your licensors retain ownership in your Content, and you acknowledge and agree that third party Content is owned by such third party or its licensors.
9.2 Feedback. We may, from time to time, invite or provide you with means to provide feedback regarding the Service, and in such circumstances, any feedback you provide will be deemed non-confidential and we shall have the right and royalty-free license, but not the obligation, to use such feedback on an unrestricted basis.
You may terminate this Agreement at any time by sending notice in writing to us at contact@Kurv.io requesting such termination. Upon receipt of such a request we shall proceed to delete your account.
We may update or change the Platform from time to time and we reserve the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, or termination of access, provide reasonable notification.
The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. 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 site is accurate, complete or up-to-date.
We do not guarantee that the Platform will be secure or free from bugs, viruses, errors, or that defects will be corrected. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE KURV PLATFORM, INCLUDING THE SOFTWARE AND SERVICES, AND ANY MATERIALS OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF KURV PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS" AND KURV AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INTEGRATION, THE QUALITY OF THE KURV PLATFORM OR ANY ASSOCIATED PRODUCTS OR SERVICES, THIRD PARTY CONTENT, CONTENT, TIMELINESS, OR NON-INTERRUPTION.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Kurv hardware products, which will be set out in our terms of sale.
You hereby agree to indemnify, defend and hold harmless, us, and our successors, assigns, affiliates, agents, directors, officers, employees, shareholders, licensors and service providers from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from:
The Platform may allow you to access or share your Content through certain third party services, including certain social media services. We, however, do not make any representations as to how third party services may handle your information, and you should review their terms carefully, and you agree that you will adhere to such third party terms as applicable. We are not responsible for the actions or policies of such third party services. We do not recommend or endorse any particular third party service and we disclaim any liability with respect to your Content that may be distributed through such third party services.
18.2 Billing. We use a third party payment processor (“Payment Processor”) to bill you through a payment account linked to your Kurv account on the Platform (“Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Processor, in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and in accordance with then applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider. If we do not receive payment from you, you agree to pay all amounts due immediately upon demand.
18.3 Current Information Required. You must provide and keep current, complete, and accurate information for your Billing Account. You must promptly update all information upon any changes to the information in your Billing Account, and promptly notify us or your Payment Processor in the event of theft or security breach of your payment information.
We may assign our rights and (where permissible by law) our obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of our business or assets. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without our prior consent.
Except as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.
23.2 If you live outside the UK, you agree to the laws and jurisdiction of the UK.
As described herein, you may have additional rights as a consumer under your local law.
Kurv is registered trademarks of Kurv, in the UK, US and other countries and associated logos are unregistered trademarks owned and used by Kurv in the UK, US and other countries.
This agreement has been prepared in English and this English version shall prevail and be binding even though a foreign translation may also be prepared as a courtesy to you.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Kurv music Ltd. of 25 Newman Street, London W1T 1PN, UK.
Information you give us.
You may give us information about you by filling in forms on the Platform or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register, visit or use the Platform, place an order on the Platform, subscribe to the newsletter and when you report a problem with the Platform. The information you give us may include your name, address, e-mail address and phone number, personal description, photograph, and which products you have purchased from us.
Information we collect about you. Information we get from your use of our Platform.
With regard to each of your visits to the Platform 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, session length, browser plug-in types and versions, operating system and platform;
• information about your visit and use of our Platform, including the use of certain features on content on our Platform; the full Uniform Resource Locators (URL) clickstream to, through and from our Platform (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page and software interaction information (such as scrolling, clicks, and mouse-overs), and 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.
We work closely with third parties - including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers (such as Google Analytics) search information providers, credit reference agencies - and we may receive information about you from such third parties.
Information you share.
When you save or share a music project file through our Platform, we may receive information about your device, software and your composition, as well as any notes or comments you post related to it or any other content on the platform.
We will use the information you give us:
We will use the information we collect about you:
We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, and analytics and search engine providers that assist us in the improvement and optimization of our Platform.
In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or 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 Sale and other agreements; or to protect the rights, property, or safety of Kurv Music Ltd, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We will ask for your permission if we intend to use your data for marketing purposes. Incase you decide that you no longer want to give us such a permission, you may do so by unsubscribing from the newsletter or simply by contacting us at email@example.com.
We will also ask for your permission if we intend to disclose your information to any third party for marketing purposes. This permission may also be withdrawn, for example by contacting us at firstname.lastname@example.org. Our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. We strive to give you ways to update or delete your personal information. Please contact us, if you have such or similar requests.
The Platform is not directed to children under the age of 13 (in some countries stricter age limits may apply). We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not register to our Platform and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to us, please contact us at email@example.com and you may request exercise of your applicable access, rectification, cancellation and/or objection rights.
Last Updated Nov. 28, 2016
2. Disabling Cookies.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.
3. The Cookies We Set.
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users. When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
5. Contact for more Information.
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information, feel free to contact us by e-mail firstname.lastname@example.org. Further contact information be viewed on our website’s contact page.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). We also seek to respond expeditiously to any other notice and takedown procedures which may be in your jurisdiction, including the Electronic Commerce Directive 2000/31/EC, Article 14. If you are a copyright owner or an agent of one, and you believe that any Content on the Platform infringes your copyrights, you may submit a notification to our Designated Copyright Agent with the following information:
1. Your contact information:
Information reasonably sufficient to permit us to contact you or the complaining party you are authorised to act on the behalf of, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
2. A description of your work that you believe has been infringed:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a are covered by a single notification, a representative list of such works.
3. Identification of the content that is claimed to be infringing:
Information reasonably sufficient to permit us to locate the content, such as the URL of the page location.
4. A statement of your good faith belief that the content is unauthorized:
“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
5. A statement verifying the accuracy of the notification:
"The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. Your signature:
Your physical or electronic signature as the owner, or the signature of a person authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed. You may type your full legal name to act as your signature at the bottom of your complaint.
Submit all notifications to email@example.com
These General Terms of Sale (“Terms of Sale”) govern the purchase of our Products and by purchasing these Products, you agree to these terms. Definitions of capitalized terms used in these Terms of Sale are located in the Interpretation Section at the end of these Terms of Sale.
Note: If you purchased directly from one of our authorized resellers, only the warranty terms listed in Section 6 and after shall apply to you.
1.1. Upon clicking the “I Accept” button on the order page you confirm that you have read and understand these Terms of Sale and agree to be bound by them.
1.2. By clicking the “Purchase” button on the order page, you confirm that you would like to purchase the Products in your cart (an “Order Request”). A binding agreement that Kurv will deliver the Products will not be formed between you and Kurv until you have paid the full amount due as set out in the Order Request and Kurv sends you an Order Confirmation with a Customer Order Number. Order Confirmations are subject to compliance with these Terms of Sale and Kurv’s sole discretion. No Order Request shall be deemed accepted unless and until confirmed by an Order Confirmation from Kurv.
1.3. Kurv will generally dispatch your Products within five (5) Days of your receipt of the Order Confirmation. We will try to advise you if there’s a backlog or delay.
1.4. Only Products listed in Kurv’s Order Confirmation form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation or you have made any mistakes in the information that you have provided, you must contact Kurv promptly upon receipt, ideally immediately, so that we have the opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
1.5. If Kurv is unable to fulfill your order for any reason, we will notify you, and promptly return to you any payment received by us.
2.1. If you purchase Products online within the UK, you have, for a short period, the right to cancel your Contract and return the Products. That period ends on the expiry of the period of fourteen (14) Days beginning on the Day after the Day on which you receive the Products (“the Cooling Off Period”).
2.2. If you have been informed that the Products have already been dispatched but have not yet been delivered and you choose to cancel your order at this time, you will be responsible for returning them unopened and undamaged in the original packing materials provided; and you will be liable for all return shipping and delivery costs back to Kurv’s premises.
2.3. In order to exercise your right to cancel your order pursuant to section 2.1, you must notify us in writing of your wish to cancel (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form below. Once we receive your notification, we will then arrange for collection of the Products at a reasonable time. All returned Products must be in their original condition. Unless the Products are faulty or defective, all shipping, handling and return freight costs will be payable by you. We will refund you the price, less direct return freight costs we have paid on your behalf, as soon as possible and in any case within 14 Days of either: (i) receipt by us of your notice of cancellation of the Contract if the Products have not yet been dispatched to you; or (ii) receipt by us of the returned Products, if the Products have been dispatched to you. Please note that you must take reasonable care of the Products in your possession during the Cooling Off Period, and, if Products are returned to us in a damaged state, you will be responsible for any part of that damage which occurred whilst the Products were in your care or control.
Model Withdrawal Form:
25 Newman Street, London, W1T 1PN
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following products:
Ordered on/Received on:
Signature (if notification is on paper)
2.4. Once the Cooling Off Period has ended, you do not have the right to return your order, unless covered under warranty terms set forth below or additional terms either we or an authorized seller expressly offered you as a condition of purchase.
3.1. Unless otherwise agreed in writing, the price and specification for the Products shall be set out on the Kurv website.
3.2. We reserve the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory or regulatory requirement.
3.3. Any specified promotional items will be available free without obligation and only while stock is available.
3.4. In the unlikely event of any discrepancy between the price set out in the order confirmation, and the price stated on Kurv’s website or in other advertising, please contact us immediately.
4.1. We shall use all reasonable endeavors to deliver the Products to you. The times stated and your Delivery Date are only estimates and do not equate to actual delivery times. If you have ordered several Products at one time, the Products may be delivered on different Days. Delivery will not be of the essence unless previously agreed by us in writing. We will not be held liable for any delay in delivery caused by late settlement by the buyer of the remaining balance prior to dispatch.
4.2. Products will be delivered worldwide subject to courier service levels available. If, for any reason there is a lack of availability of courier service in your area, we cannot be held liable. Products will be delivered to the address specified in the Order Confirmation and/or in any other arrangement confirmed in writing between you and Kurv.
4.3. The Products may be delivered in advance of the Delivery Date upon reasonable notice to you.
4.4. If you fail to take delivery of the Products or any part of them on the Delivery Date and/or fail to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on that date, we shall be entitled, upon written notice, to store or arrange for the storage of the Products. If redelivery is required, you will be held liable for any extra courier and insurance costs and expenses.
4.5. Title to the Products (except any Software included which is subject to the End User Licence Agreement) will pass to you once Kurv receives payment in full, or when we deliver the Products to you (or your representative), whichever is later. The transfer of ownership of the Products does not mean that you own any Intellectual Property Rights in the Products you purchase from Kurv. If the Contract is terminated before that passing of title in the Products occurs, we may recover any Products supplied to you and you agree to assist us in such circumstances.
5.1. Should you experience any problems in using the Product during setup or installation or experience any associated user issues, you may contact the Kurv Customer Support team via email or telephone:
Within the USA
Monday-Friday 9am-5:30pm (EST)
From other Countries
Monday-Friday 9am-5:30pm (GMT)
5.2. We shall aim to resolve your query when you first make contact, although no resolution can be guaranteed. On occasions we may need to contact you again and to suggest a resolution or involve other experts at Kurv.
5.3. The Kurv Customer Support team will endeavor to reply to your email within 24 hours (excluding weekends and holidays).
5.4. Repairs under warranty will be carried out within a reasonable period. We will at all times try to meet response times estimated in correspondence with you, but actual timings may vary depending, among other factors, on the remoteness or accessibility of your location, weather conditions and availability of parts.
5.5. We may provide Services via internet or telephone as appropriate. Telephone calls may be recorded for training purposes.
5.6. Unless otherwise stated, you shall be responsible for all telephone and postal charges in contacting us, except when returning Products which are defective or damaged, or do not accord with the Order Confirmation.
6.1. For goods purchased, Kurv warrants the Products will be free of defects in materials and manufacture under normal use for one year (“Limited One Year Warranty”). The Limited One Year Warranty term begins on the date of purchase from an authorized Kurv reseller; and proof of purchase in the form of a receipt may be required.
6.2. You may have statutory rights under consumer laws and the laws of your country or state that give you greater rights than our Limited One Year Warranty described above. Further information on your rights as a consumer is available from your local Citizens’ Advice Bureau or Trading Standards (or your state or country equivalent).
6.3. The Limited One Year Warranty provided under this section 6 will be conditioned on proper use of this product. We shall repair the Products or replace them free of charge with a functional equivalent Product that is new or refurbished at Kurv’s discretion on condition that:
6.3. Kurv’s Obligation to repair under clause 6.3 above, does not apply to
6.4. If eligible under this Section 6, Kurv will repair the Products using parts which are new, or equivalent to new in accordance with industry standards and practice. We will bear all costs related to collection, shipping and delivery of Products for the purpose of repair under our returns procedure under warranty.
6.5. You will own all replacement parts. We shall own any Products and/or parts that are replaced pursuant to this Limited One Year Warranty, and, if requested by Kurv or an approved distributor, you must return them to us. The costs of returning such removed parts or replaced Products will be borne by Kurv.
6.6. Kurv will pass to you, to the extent permitted, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Products or Third Party Software. Without prejudice to your rights against us, we may therefore ask Third Party Products manufacturers and/or Third Party Software licensors to fulfill their obligations to you under such warranties and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period of time.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROLI AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM USE OF ROLI PRODUCTS AND ROLI’S OBLIGATIONS UNDER THESE TERMS OF SALE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF ROLI AND ITS EMPLOYEES AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THESE TERMS OF SALE SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PRODUCT(S). FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THESE TERMS OF SALE ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, ROLI’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR THE COVERED PRODUCT OR SUPPLY THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree and represent that you are buying the Products for personal use only and not otherwise for resale or export.
Kurv shall not be liable for any failure or delay in the performance of its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means an event or circumstance the occurrence of which is beyond the reasonable control of either party to this Contract, including without limitation, failure of third party suppliers, change of statute or regulation, acts of God, governmental actions, war, national emergency, acts of terrorism, or failure of transport networks. In the event of a Force Majeure Event, Kurv reserves the right to defer the date of delivery, reduce the volume of Products ordered, or to cancel the Contract without liability to you. If a Force Majeure event continues for a continuous period in excess of sixty (60) Days, you shall be entitled to give notice in writing to Kurv to terminate the Contract, such notice to take effect no earlier than fifteen (15) Days from the date of such notice.
If for any reason part of these Terms of Sale is unenforceable, the validity of the remaining Terms of Sale shall not be affected.
A failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.1. If you are a UK, EU, EEA, or Swiss citizen, Terms of Sale shall be governed by the laws of England and Wales without regard to its conflict of law rules and you consent to the exclusive jurisdiction of the courts located in London, UK. Special information on the online dispute resolution for consumers within the European Union Consumer
14.2. If you are a US citizen, these Terms of Sale shall be governed by the laws of New York without regard to its conflict of laws rules and you consent to the exclusive jurisdiction of the state and federal courts located in New York County.
14.3. If you live outside the US, UK, EU, EEA or Switzerland, you agree to the laws and jurisdiction of UK as noted above in section 14.2.
A person who is not a party to this Contract may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
If you are a consumer, you have a legal right for services to be carried out with reasonable care and skill and products are of a satisfactory quality. Advice about your legal rights is available from your local Citizens’ Advice Bureau. Nothing in these Terms of Sale will affect these legal rights. You may also have rights as a consumer outside the UK. Please check your own state or country’s consumer rights organizations.
17.2. “Contract”: means the body of these Terms of Sale, together with your Order Confirmation and the Technical Specification, as may be amended from time to time in accordance with its provisions;
17.3. “Customer Order Number”: means the order number issued by Roli to the Customer in the Order Confirmation, identifying your order;
17.4. “Day(s)” or “Day(s)”: means any day except a Saturday, a Sunday or a public holiday in England. Any order placed on Saturday, Sunday or a public holiday will be acknowledged on the following day of business.
17.5. “Delivery Date”: means the date on which the Products are scheduled (subject to the terms set out in these Terms of Sale) to be delivered as stipulated in the Buyer’s Order Confirmation.
17.6. “Product(s)”: mean all Roli hardware products, including all Software supplied by Kurv which required for its operation.
17.8. “Intellectual Property Rights”: means (i) patents, inventions, designs, copyright and related rights, database rights, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) proprietary rights in domain names; (iii) knowhow and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world;
17.9. “Month”: means a calendar month;
17.10. “Order Confirmation”: means an email to notify you that your order has been accepted by us and payment in full has been received and processed by Kurv;
17.11. “Software”: means Kurv app, desktop software for download and installation as well as access to online or electronic documentation including user manuals, and any and all copies and derivative works of such software and software program materials and any updates thereto;
17.12. “Technical Specification”: means the technical specification relating to the Products, as set out on the website store.
17.13. “Terms of Sale”: means the General Terms of Sale applicable to your Contract with us, as detailed above;
17.14. “You”: means the person who accepts the offer of sale of the Products or whose order for the Products is accepted by Kurv Music Ltd
17.15. “Kurv/us/we”: means “Kurv Music Ltd.” a company registered in England under Company No. 09264920 whose registered office is at 25 Newman Street, London W1T 1PN, UK as well as our subsidiaries.
Changes may be made to these Terms of Sale and any material changes will be communicated to you by email. Amendments and updates will also be announced on the Kurv website.
We’re sorry to hear you’re having trouble with your Kurv. If you feel that your unit has developed a fault, please contact the Kurv Support and our team of experts will be able to help you diagnose the issue. You can:
Please be ready to provide your Kurv username and product serial number. You can find your product serial number on the bottom of your Kurv. Our Support Team will help diagnose your issue, and aim to provide an initial diagnosis within 24 hours during regular business hours. If they decide a return or replacement might be needed under your Kurv warranty, you will be issued an Return Authorisation (RA) number and a prepaid shipping label to your registered email address to print off. You must use the prepaid shipping label provided or you will be responsible for any shipping costs to return the item. Please pack the Kurv carefully in the supplied protective case, and include a printed copy of the RA receipt. Once we receive your unit, your Kurv will undergo further diagnosis by our technicians to determine whether or not the issue is covered by our Warranty Policy.
If the issue is deemed to fall within the scope of our Warranty Policy, we will either repair your Kurv or send you a replacement unit to your registered address, free of charge. Please note that the Kurv must be returned for replacement within the one-year warranty period. Should the issue not be covered under our Warranty Policy, e.g. because the fault was caused by negligence or due to damage caused by 3rd party goods, we can return the Kurv to you, but this will be at your expense.
Please refer to Kurv’s sales policy, for further details on warranty.