Terms and Conditions

miTunes.tv recommends that you save and keep a copy of these terms and conditions for future reference.

These terms and conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights. These terms and conditions incorporate the refund policy and privacy policy which apply to all interactions with, and transactions carried out on, this website.

This site is owned and operated by Mi Promotional Sourcing Ltd (‘MPS’, ‘miTunes.tv’, ‘we’, ‘us’ or ‘our’), trading as miTunes.tv. If you have any questions or comments with regard to these terms and conditions please contact us by either email: sales@mitunes.tv or phone: 0845 544 1548.

These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out here. If you do not agree to be bound by these terms and conditions you may not use or access this website.

The Contract Between Us
Any contract for purchases made through the website will be with MPS. MPS must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed.

Once payment has been received MPS will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. You may also be required to verify your order via methods suggested by MPS prior to receiving your order.  MPS’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract. Your attention is specifically drawn to the fact that these terms, which form part of the contract formed between us upon acceptance of an order, include a requirement for you, the buyer, to cooperate with identity and security verification procedures, as deemed necessary by MPS to confirm the integrity of the contract formed and the associated payment. Failure to cooperate with verification requirements to the satisfaction of MPS will render any contract formed null and void. For further details please see Verification of Orders below.

MPS is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by e-mail. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order.

General Terms
These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non–exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.

Additional terms and conditions may apply for prize competitions, online bidding, pre–release orders and our added value services and offers. If so, you will be alerted to them at the relevant juncture.

These terms and conditions only cover the miTunes.tv website. Any other websites which are linked to from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.

Verification of orders

As a result of the high volume of fraudulent orders we receive, all orders are subject to a stringent verification process before they are despatched. In order to assist the efficient completion of verification procedures we require that customers enter full and accurate information when entering into any transaction on miTunes.tv. Most orders will be verified using automated processes without any requirement for the customer to provide additional information or documentation. By placing an order via this website you agree to cooperate with our verification procedures, and provide additional information including, but not limited to, additional personal details and copies of identity verification documents, as reasonably requested by employees and/or agents of MPS. Failure to cooperate with the verification requirements may result in the cancellation and refund of your order, as well as our refusal to accept any further orders from you.

In line with our privacy policy, any information supplied by you in order to fulfill the requirements of the verification process will be used solely for the administration of your order and interaction with this website. Details supplied will not be resold or used for any other purpose.

This Website
MPS own the copyright, trademarks and other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non–commercial use. Any other use or reproduction of the material or content is strictly prohibited.

You may not restrict or inhibit the use or enjoyment of this website by anyone else.

While we will use reasonable endeavours to verify the accuracy of any information we place on the miTunes.tv website, we make no warranties, whether express or implied in relation to its accuracy.

We make no warranty that the miTunes.tv website will meet your requirements or will be uninterrupted, timely or error–free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the miTunes.tv website.

Payment Details
miTunes.tv accepts payment by Visa, MasterCard, American Express, Switch, Maestro and Delta, Bitcoin and PayPal. All product prices and delivery charges are shown in UK pounds sterling by default, and can be converted to your choice from the currencies made available on the site. Your payment card company will perform any currency conversion.

Your payment will be taken at the time you place your order. Should there be any problem with your order we will contact you at the earliest opportunity and, if necessary, refund your payment as soon as is practicable.

Availability of Goods You Order
If miTunes.tv has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by miTunes.tv from your payment method will be re-credited to your account and miTunes.tv will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 24 hours of your order. miTunes.tv will not be obliged to offer any additional compensation for disappointment suffered.

Please note: we endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating the website when goods have sold out at promotional price can take a few hours to update.

Changes to This Agreement
miTunes.tv reserves the right to make changes to our site, policies, and these terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unforeseen, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Refund policy

Refunds are available up to the moment that your gift card code is despatched to you by MPS. If you would like to cancel an order that you have placed, but which has not yet been despatched you may do so by sending an email to sales@mitunes.tv, with the subject line ‘Refund request’, stating your desire to cancel your order and receive a refund. Please note that it may take up to 24 hours for us to process your refund request. All refunds will be credited to your original payment method, as used to process the initial transaction.

No refund will be available after the code(s) associated with your order have been despatched. This is in line with standard industry practice in relation to gift cards/codes as once the code has been revealed to you there is no way for us to verify whether or not it has been redeemed by you, and if you have protected the code from access by a third party who may redeem it. This policy is in place to protect us and our customers, as we warrant when you purchase a code from us that it has never been revealed to any other customer. This prevents any disputes or confusion as to the validity of the codes we supply.

Privacy Policy

1. Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and service users.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.

  1. How we use your personal data

2.1    In this Section we set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

2.2    We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services, and the prevention and detection of fraudulent activity. The legal basis for this processing is your consent, as given when you choose to access this website, and our legitimate interests, namely monitoring and improving our website and services, and prevention of fraud.

2.3    We may process your account data (“account data“). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.4    We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, and profile pictures. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our website and business.

2.5    We may process your personal data that are provided in the course of the verification of your transactions and identity (“verification data“). The verification data may include your date of birth, employment details and address history. The source of the service data is you or your employer, or external data sources and verification services as used by us. The verification data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.6    We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.

2.7    We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of answering your enquiry and offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

2.8    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details, your paypal email address, and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services, keeping proper records of those transactions, and preventing fraud or other misuse of our services. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.

2.9    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent. We undertake never to use your data for any marketing purpose without your specific, explicit consent.

2.10  We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms or live chat feature. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.11  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.12  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.13  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.14  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

  1. Providing your personal data to others

3.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

3.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3    We may disclose your personal data to our suppliers or subcontractors insofar as reasonably necessary for the administration of MPS’s business and the processing of your order.

3.4    Financial transactions relating to our website and services are handled by our payment services providers, Paypal, GoURL and PaymentWall.We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints, queries relating to such payments and refunds and detecting and preventing fraudulent activity. You can find information about the payment services providers’ privacy policies and practices at Paypal.com, gourl.io and paymentwall.com.

3.5    We will not disclose your enquiry data to any third party suppliers of goods and services for the purpose of without your specific and explicit consent. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.

3.6    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

  1. International transfers of your personal data

4.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

4.2    The hosting facilities for our website, the provider of our live chat services, and the provider of our email services, are situated in the USA. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to the USA will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

4.3    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. While we employ all reasonable methods at our disposal to protect your personal data, including encryption, firewalls, SSL certificates and two factor authentication, as appropriate, we cannot prevent the use (or misuse) of such personal data by others.

  1. Retaining and deleting personal data

5.1    This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3    We will retain your personal data as follows:

(a)    Personal data will be retained for a minimum period of 7 years following your last transaction with us, and for a maximum period of twenty five years following your last transaction with us.

5.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of personal data will be determined based on whether it is still necessary to retain the data to aid in the prevention of fraud, effective and efficient processing of customer orders, or in order to comply with any other legal or regulatory requirements of which we are subject.

5.5    Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Amendments

6.1    We may update this policy from time to time by publishing a new version on our website.

6.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

6.3    We may notify you of changes to this policy by email or through the private messaging system on our website.

  1. Your rights

7.1    You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a)    the payment of a fee (currently fixed at GBP 10); and

(b)    the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

7.2    We may withhold personal information that you request to the extent permitted by law.

7.3    You may instruct us at any time not to process your personal information for marketing purposes.

7.4    In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

  1. About cookies

8.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

8.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

8.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

9.1    We use cookies for the following purposes:

(a)    authentication – we use cookies to identify you when you visit our website and as you navigate our website

(b)    status – we use cookies to help us to determine if you are logged into our website;

(c)    personalisation – we use cookies to store information about your preferences and to personalise the website for you;

(d)    security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(e)   analysis – we use cookies to help us to analyse the use and performance of our website and services;

(f)    cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

  1. Cookies used by our service providers

10.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

10.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

10.3  We use Tawk.to to provide live chat services on our website. This service uses cookies to enable the service to function. You can view the privacy policy of this service provider at https://www.tawk.to/privacy-policy/.

 

  1. Managing cookies

11.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

11.2  Blocking all cookies will have a negative impact upon the usability of many websites.

11.3  If you block cookies, you will not be able to use all the features on our website.

  1. Our details

12.1  This website is owned and operated by Mi Promotional Sourcing Ltd, trading as miTunes.tv.

12.2  We are registered in England and Wales under registration number 8141849, and our registered office is at Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, NE1 6UF.

12.3  Our principal place of business is at Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, NE1 6UF.

12.4  You can contact us:

(a)    by post at the postal address given above;

(b)    using our website contact form/live chat facility;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.

  1. Data protection officer and Information Commissioner registration

13.1  Our data protection officer’s contact details are: Data protection officer, Mi Promotional Sourcing Ltd, Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, NE1 6UF.

13.2 miTunes.tv is registered with the UK Information Commissioner’s Office (ICO), in compliance with the UK Data Protection Act 1998, registration number: ZA201414.

13.3 In the unlikely event that a breach of personal data from our system does occur, MPS undertakes to report this to the ICO within 72 hours of becoming aware of it. We will also inform any affected customers directly at the earliest opportunity.

 

  1. Attribution

14.1 This document was created using a template from SEQ Legal (https://seqlegal.com).