1.1 You agree to be bound by this Terms and Conditions by clicking the button ‘Accept’ and this Terms and Conditions shall be the only document that governs the relationship between you and My Music Limited on the use and services provided on this website.
1.2 You acknowledge that you have read and understood all the terms and conditions of use of and provision of services on this Website and you waive all rights and defences to the effect that this Terms and Conditions have not been brought to your attention or that you did not read or understand its provisions.
2. Contract with My Music
2.1 A contract between you and My Music is established immediately after the receipt of the whole price of the song that you wish to purchase. Until payment is received, you acknowledge that no valid contract whatsoever exists between you and My Music in respect of the song you have shown interest. Once payment has been received by My Music, My Music will send a receipt by email to the email address you provide in your purchase form confirming songs that you have purchased and the amount you have paid.
3.1. The prices payable for songs or service are as set out in our website. The price for a songs or service on our website does not include download charges of the songs to you.
4. Cancellation Purchase
4.1. You reserve the right to cancel any purchase, provided that My Music receives your instructions to cancel the purchase before your purchase leaves My Music’s database and the price paid by you, shall be returned to you not more than five working days thereafter.
4.2. Once your purchase has been sent out of My Music’s database, it shall not be possible to cancel such a purchase.
5. Cancellation by My Music
5.1. We reserve the right to cancel your purchase if:
5.1.1. We have insufficient data to deliver the songs you have purchased; or
5.1.2. Your IP address for delivery does not fall within eligible areas or
5.1.3. One or more of the songs you purchased was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2. If My Music cancels your purchase we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your purchase. We will not be obliged to offer any additional compensation for disappointments suffered.
6. My Music’s Liability
6.1. If the songs My Music deliver are not what you purchased or of an incorrect quantity, My Music shall have no liability to you unless you notify us in writing via email of the problem within 2 hours of the delivery of the songs.
6.2. If you do not receive the songs within 30 days of the date on which you purchased them, My Music shall have no liability to you unless you notify us in writing via email of the problem within 40 days of the date on which you purchased the songs;
6.3. If you notify a problem under clauses 6.1. or 6.2. above, My Music’s only obligation will be, at your option:
6.3.1. To make good any shortage or non-delivery;
6.3.2. To replace or repair any songs that are damaged or defective; or
6.3.3. To refund to you the amount paid by you for the songs in question in whatever way we choose.
6.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the songs in question under clause 6.3 above;
6.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase songs from our site.
7.1. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions.
7.2. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
7.3. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
7.4. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of E-Cart Internet Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site
8. Governing Law
The contract between us shall be the parties shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.
9. Dispute Resolution
9.1. Any and all disputes, claims or litigation arising from or related in any way to this Agreement or any provisions herein will be resolved by mediation at the Lagos Multi Door Court House, Lagos.
9.2. Where such dispute persists, it shall then be resolved by Nigerian Courts in Lagos State. The parties hereby waive any objections against and expressly submit to the exclusive jurisdiction of the Nigerian Courts in Lagos State
Unless otherwise stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address via email at email@example.com and all notices from us to you will be in writing via email to the address to you provided in the purchase form or displayed on our Website from time to time.
11. Events beyond our control
We shall have no liability to you for any failure to deliver songs you have purchased or any delay in doing so or for any damage or defect to songs delivered that is caused by any event or circumstance beyond our control including without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement.
15. Intellectual Property Right
You acknowledge and will respect all such intellectual property rights we own or may own in the look and feel of the website and its contents including any sounds, music, text, graphics, data, stills, photographs and moving images. Such intellectual property rights shall include all registered and unregistered intellectual property rights of any type or nature including trademarks, service marks and copyrights. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future.
16. Entire Agreement
For any queries regarding our products & services or activities on the website, please contact us using the details below:
+234 (0) 8038395799
+234 (0) 7059569933
+1 214 431 5051