Terms and conditions
Last updated: 2021-02-19 (February 19th, 2021)
I. Agreement to Terms and Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, or “Customer”) and Rewire ApS (also trading as Rewire Audio ApS), a Danish private limited company (Danish business registration no. (CVR): 40848681) (“Rewire”, "us", "we", or "our"), and shall apply to all individual contracts for the purchase of products and/or services between you and us, as well as your access to and use of https://www.rewireaudio.com/ website and any other media form related, linked or otherwise connected thereto (collectively, the “Site”) and shall remain in full force and effect while you use any product, service, and/or content on the Site. Your access to and use of any product, service or content is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use any product, service or content. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site, effective immediately.
Supplemental Terms or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. You will be alerted to changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of any and each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
II. Third Party Websites & Content
Our products, services, content and Site may contain links to third-party web sites or services that are not owned or controlled by Rewire. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site and will not be responsible, liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
III. Intellectual Property Rights
Unless otherwise indicated, all products, services, content and the Site is our proprietary property and all digital products, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Kingdom of Denmark, foreign jurisdictions, and international conventions and may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission unless otherwise expressly provided in these Terms. Upon purchase, you are granted a limited license to access and use of the specific product, service, content purchased and to download or print a copy of any portion thereof to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to products, services, the Site, the Content and the Marks.
IV. Purchase Policy and Taxes
All prices are listed in United States Dollars (USD) exclusive of any applicable VAT or Sales Tax which will, to the extent required based on your location, be added to your order and available for review prior to order completion. Accepted payment forms include VISA, Mastercard, American Express, Discover, JCB, and Diners. Rewire offers a number of different products which may be subject to special conditions depending on design, format, delivery method etc. Rewire reserves the right to offer special material "Optional Products" on the platform which may require separate payment to access.
Upon purchase, you agree to receive transactional emails triggered by interactions with the Service (such as receipts, shipping notices, password reminders, etc.) from Rewire. These emails are not promotional in nature.
Your subscription is automatically renewed and will run until terminated. A subscription covers the entire household and provides access to the specified content. Special trial periods are limited at one registration per household. You can unsubscribe from your subscription at any time. You will continue to have access to all themes and paid content until the end of your billing period. Payments will not be refunded and we do not provide refunds or credit for partially used subscription periods or unused content. Upon expiration, access to the subscription product and all content therein will cease.
Delivery times and shipping costs will appear under the individual product. Digital products are delivered via e-mail and/or by accessing the online members area. Delivery will usually be carried out within a few minutes but in some cases it can take up to 5 working days.
VI. Return Policy
THERE IS NO RIGHT OF RETURN ON DIGITAL PRODUCTS. BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT OF RETURN. There is a 14-day right of return on physical goods, calculated from the date they are received. If you choose to cancel a purchase, return the item without breaking the product's packaging. Once the item has been received back and approved, the purchase price will be refunded to your account within a few days. Return costs are borne by the buyer. If the package is not picked up, the right of return lapses, as the right of withdrawal time period of 14 days will be deemed to be exceeded before the package reaches return.
For products with a 30-day satisfaction guarantee you can get a full refund within the first 30 days from the first payment, for whatever reason. Please note that not all products have a satisfaction guarantee and this is specifically stated when it applies. If you do not make use of the satisfaction guarantee within 30 days from the first payment, it lapses and the other business conditions remain in force. If you choose to pay in instalments, you commit to pay the full amount as stated on the order form.
THE PRODUCTS, SERVICES, CONTENT AND SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE THEREOF WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REWIRE DISCLAIMS ALL GUARANTIES AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH PRODUCTS, SERVICES, CONTENT AND THE SITE AND YOUR USE OR OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
REWIRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS, SERVICES, CONTENT AND SITE’S CONTENT AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF THE SITE AND CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
REWIRE IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, PRODUCTS OR SERVICES THAT YOU OBTAIN THROUGH THIS SITE, OR PRODUCTS AND/OR SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS SITE OR ANY OF REWIRE’S SERVICES AND/OR PRODUCTS.
By accessing this site, purchasing and/or using any products and/or services provided by Rewire you understand and agree that any information provided by Rewire is not intended, designed, or implied, directly or indirectly, to diagnose, prevent, treat any condition or disease, ascertain the state of your health, or to be a substitute for any of the above inclusive of professional medical advice. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only.
Rewire does not make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this site and our products and/or services. NOT ALL ACTIVITIES DESCRIBED ON THIS SITE AND/OR IN OUR PRODUCTS AND/ OR SERVICES ARE SUITABLE FOR EVERYONE. DO NOT USE THE PRODUCTS AND/OR SERVICES AND/WHILE DRIVING, OPERATING HEAVY MACHINERY, OR PERFORMING OTHER TASKS THAT REQUIRE ATTENTION AND CONCENTRATION. You understand and agree that you are solely responsible for your use of this site, and our products or services.
IX. Limitations of Liability
THE TOTAL, AGGREGATE LIABILITY FOR REWIRE FOR ANY CLAIM OF ANY TYPE, WHETHER DUE TO BREACH OF CONTRACT, INCLUDING OF ANY OF THE TERMS, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AGGREGATE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR ANY OF THE CONTENT OR PRODUCTS. THE CUSTOMER WILL NOT BE ENTITLED TO CLAIM CONSEQUENTIAL DAMAGES, PROSPECTIVE PROFITS, PROFITS ON CONTEMPLATED USE, SPECIAL OR INDIRECT DAMAGES, OR LOST REVENUE, PROFIT OR GOODWILL, IN ANY INSTANCE INCLUDING, BUT NOT LIMITED TO, BREACH OF THE TERMS BY REWIRE, DEFECTIVE GOODS, DEFECTIVE OR LATE DELIVERY, OR NON-DELIVERY. IN NO INSTANCE WILL REWIRE BE LIABLE FOR ANY DAMAGES BY REASONS OF CUSTOMER’S INABILITY TO OBTAIN SUBSTITUTE GOODS IN THE OPEN MARKET.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
XI. Force Majeure, Casualty & Availability
Rewire shall not be liable for any delay in the delivery of any part the Content hereunder and shall not be held responsible for any losses resulting if the fulfilment of any obligations, Terms or provisions of these the Contract shall be delayed or prevented by revolutions or other disorders, wars, acts of enemies, strikes, fires, floods, acts of God, Government regulations, delay or inability to obtain labor, materials or goods through Rewire’s usual and regular sources, insufficient orders, casualty, accident, economic downturns, or any other condition beyond the reasonable control of Rewire.
In such event, Rewire may, in its discretion, without prior notice to Customer, at any time and from time to time postpone the delivery dates under this Contract for a time which is reasonable under all the circumstances or make partial delivery or cancel all or any portion of this and any Contracts with Customer, and any such non-performance or cancellation shall not be considered breach of the Contract or otherwise entitle Customer to any remedies.
XII. Governing Law and Jurisdiction - Severability
These Terms, any contract for the purchase of products or content, and your use of the Site are governed by and construed in accordance with the laws of the Kingdom of Denmark applicable to agreements made and to be entirely performed within the Kingdom of Denmark without regard to its conflict of law principles.
Any dispute, controversy or claim arising out of, relating to, or in connection with the Terms shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Denmark and shall be instituted in the Municipal Court of Copenhagen.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. No rights of the Customer under or arising out these Terms may be assigned without the express written consent of Rewire.
XIV. Contact Us
Products and services are offered by: Rewire ApS Klintemarken 38 2860 Søborg, Denmark, Danish business registration no. (CVR): 40848681. If you have any questions about these Terms, please contact us at: firstname.lastname@example.org