App, website and streaming tools built for radio stations

Terms and Conditions

Welcome to AudioSpace, part of Cyclone Digital Ltd.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy governs our relationship with you in relation to this service. If you disagree with any part of these terms and conditions, please do not proceed past this point to use this service.

The term ‘AudioSpace’ or ‘us’ or ‘we’ refers to the owner of the website, which is Cyclone Digital Ltd, whose registered office is Unit 4, Low Hall Road, Leeds LS18 4EF. Our company registration number is 10245105 in England and Wales.

The terms ‘Client’, ‘You’ and ‘Your’ refers to you, the person accessing this website and accepting the Company's terms and conditions. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Further details are available via our Privacy Policy on this website. Authorised employees within the company access data on a need to know basis only collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so.

Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature (predominantly in email form) issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Emails sent by this Company will primarily be in connection with the provision of our agreed services and products, unless you make a positive choice to allow marketing emails from us or selected partners.

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by the law this excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, or those of your client(s), (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All services provided by us are to be paid for in advance on a rolling monthly or annual basis. We use Stripe as our secure and independent payment provider.

Cancellation Policy

There is no minimum term and you are free to cancel your account at any time subject to the termination of agreement and refund policy below.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services will not be refunded on a pro-rata basis.

Availability

The services featured on this website are available in most countries around the world. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Responsibility for alterations

AudioSpace enables the editing of content by any user who is given access to your account. This access is managed by you and you are responsible for reviewing who has access to your account. The Client will not hold us responsible for any changes a user makes to any content added to the system.

Links to this website

By creating links to any page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. We are not responsible for the privacy practices, or content, of these sites and encourage our users to be aware when they leave our site & to read the privacy statements of these sites.

App terms

All Apps are released under the AudioSpace accounts on Apple iTunes and Google Play and the codebase and binary behind the apps will remain our property at all times. We are happy to replace existing apps with our own binaries providing we release under our developer account. Clients are not able to access this acocunt.

On account termination or failure to pay or make payments for your account, your app will be removed from sale in app stores from all territories and the app disabled for existing users. We are also entitled to permanently delete the Application and you will not be able to replace older versions of the application after that point.

AudioSpace will transfer app ownership on written request within 30 days. Our app binary must be replaced within 30 days of successful transfer to avoid the app being disabled. App ownership transfer requests will only be accepted if all due payments have been made and your account is still active.

NOTE: You agree we are not responsible for any content inside the app and links to external websites. You agree there is no guaranteed up time for the applications or the servers that drive the content but we will endeavour to get 99.9%. There may be time where we need to perform essential maintenance to your application. We are not responsible for collecting statistics about your application and will provide what we can on request.

Website terms

Websites built with the AudioSpace platform are hosted on our servers. Websites cannot be hosted via your own server arrangements and we will not provide backups to an external location of the site structure or its content.

The framework and overall design of the sites remains our copy right and intellectual property at all times but the content you enter into our system is yours and we will provide a database of this content on request and for an administration fee of £100+VAT.

To put your website live, you may point your domain to our hosting using details we provide for you. In exceptional circumstances and entirely at our discretion we will permit transferring domains into our registrar account to manage the DNS and name servers on your behalf.

On account termination or failure to pay make payments for your account, your website will be suspended and permanently deleted from our servers after 30 days. Content will not be recoverable after this point. The website ‘as is’ with framework cannot be transferred under any circumstances.

Streaming terms

Our streaming services are provided to the specification you choose on the Dashboard stream details page. We permit streaming up to 128kbps and will automatically stop your server if this limit is exceeded. Account administrators will be notified by email if the stream is disconnected and instructed to reconnect to resume streaming. We are not liable for any losses, costs, or expenses suffered in this time.

AudioSpace requires stream content to be your own and prohibits the rebroadcast of other services. You agree to indemnify, defend, and hold Us harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys fees) incurred in connection with any use or alleged use of AudioSpace streaming services, including but not limited to all content on the stream, music royalties and other infringements.

On account termination or failure to pay make payments for your account, your streaming will be disconnected and you will not be able to retrieve the same URL.

Our free streaming offer with RadioToday is open to UK hospital radio stations who are valid and full members of the Hospital Broadcasting Association. UK community radio stations regulated by OFCOM are also eligible for this offer. All other community radio stations and hospital radio stations are not entitled to this service.

The free streaming offer is valid for as long as you have an account with AudioSpace but we reserve the right to cancel this offer at any time, should we wish to, with 30 days notice given to stations.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.

Support

Our support email address is [email protected] and is the primary point of contact for all support issues.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website and using AudioSpace you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes via email. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Indemnity

You agree to indemnify, defend, and hold Us harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys fees) incurred in connection with any use or alleged use of AudioSpace and any of our products.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

WE DO NOT WARRANT THAT AUDIOSPACE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. AUDIOSPACE IS PROVIDED ON AN "AS-IS, AS-AVAILABLE" BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU ARE SOLEY RESPONSIBLE FOR YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or creation of an account or entering into an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Do not proceed past this page if you do not agree to the above terms and conditions.

This privacy policy applies between you, the User of this Website and AudioSpace Digital Ltd, the owner and provider of

this Website. AudioSpace Digital Ltd takes the privacy of your information very seriously. This privacy policy applies to

our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at:

https://www.audiospace.co/terms

Please read this privacy policy carefully.

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

collectively all information that you submit to AudioSpace Digital Ltd via the Website. This definition

incorporates, where applicable, the definitions provided in the Data Protection Laws;

a small text file placed on your computer by this Website when you visit certain parts of the Website

and/or when you use certain features of the Website. Details of the cookies used by this Website are

set out in the clause below ( Cookies);

Data

any applicable law relating to the processing of personal Data, including but not limited to the GDPR,

Protection

and any national implementing and supplementary laws, regulations and secondary legislation;

Laws

GDPR

the UK General Data Protection Regulation;

AudioSpace

AudioSpace Digital Ltd, a company incorporated in England and Wales with registered number

Digital Ltd,

10245105 whose registered office is at Bletchley Road, Leeds, West Yorkshire, LS18 4FG;

we or us

UK and EU

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the

Cookie Law

Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the

Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;

User or you

any third party that accesses the Website and is not either (i) employed by AudioSpace Digital Ltd

and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing

services to AudioSpace Digital Ltd and accessing the Website in connection with the provision of

such services; and

Website

the website that you are currently using, https://www.audiospace.co, and any sub-domains of this site

unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

the singular includes the plural and vice versa;

references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of

this privacy policy;

a reference to a person includes firms, companies, government entities, trusts and partnerships;

"including" is understood to mean "including without limitation";

reference to any statutory provision includes any modification or amendment of it;

f. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

This privacy policy applies only to the actions of AudioSpace Digital Ltd and Users with respect to this Website. It

does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may

provide to social media websites.

For purposes of the applicable Data Protection Laws, AudioSpace Digital Ltd is the "data controller". This means that

AudioSpace Digital Ltd determines the purposes for which, and the manner in which, your Data is processed.

Data collected

We may collect the following Data, which includes personal Data, from you:

name;

job title;

contact Information such as email addresses and telephone numbers;

in each case, in accordance with this privacy policy.

How we collect Data

We collect Data in the following ways:

data is given to us by you ; and

data is collected automatically.

Data that is given to us by you

AudioSpace Digital Ltd will collect your Data in a number of ways, for example:

when you contact us through the Website, by telephone, post, e-mail or through any other means;

when you register with us and set up an account to receive our products/services;

in each case, in accordance with this privacy policy.

Data that is collected automatically

To the extent that you access the Website, we will collect your Data automatically, for example:

we automatically collect some information about your visit to the Website. This information helps us to make

improvements to Website content and navigation, and includes your IP address, the date, times and frequency with

which you access the Website and the way you use and interact with its content.

we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more

information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible

service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a. internal record keeping;

in each case, in accordance with this privacy policy.

10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are

not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights"

below).

11. When you register with us and set up an account to receive 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.

Who we share Data with

12. We may share your Data with the following groups of people for the following reasons:

our employees, agents and/or professional advisors - to deliver the services you require from us;

in each case, in accordance with this privacy policy.

Keeping Data secure

13. We will use technical and organisational measures to safeguard your Data, for example:

access to your account is controlled by a password and a user name that is unique to you.

we store your Data on secure servers.

14. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any

misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail

address: [email protected].

15. If you want detailed information from Get Safe Online on how to protect your information and your computers and

devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get

Safe Online is supported by HM Government and leading businesses.

Data retention

16. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the

period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

17. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

18. You have the following rights in relation to your Data:

Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we

modify, update or delete such information. If we provide you with access to the information we hold about you,

we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally

permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.

Right to erase - the right to request that we delete or remove your Data from our systems.

Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which

we can use it.

Right to data portability - the right to request that we move, copy or transfer your Data.

f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

19. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data

(where consent is our legal basis for processing your Data), please contact us via this e-mail address:

[email protected]

20. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able

to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's

Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

21. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes

during the period for which we hold it.

Links to other websites

22. This Website may, from time to time, provide links to other websites. We have no control over such websites and are

not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You

are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

23. AudioSpace Digital Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or

the transfer of control of all or part of AudioSpace Digital Ltd. Data provided by Users will, where it is relevant to any

part of our business so transferred, be transferred along with that part and the new owner or newly controlling party

will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally

supplied to us.

24. We may also disclose Data to a prospective purchaser of our business or any part of it.

25. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

26.

This Website may place and access certain Cookies on your computer. AudioSpace Digital Ltd uses Cookies to

improve your experience of using the Website and to improve our range of products and services. AudioSpace Digital

Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all

times.

27.

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

28.

Before the Website places Cookies on your computer, you will be presented with a message bar requesting your

consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling AudioSpace Digital

Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies;

however certain features of the Website may not function fully or as intended.

29.

This Website may place the following Cookies:

Type of Cookie

Purpose

Strictly necessary cookies

These are cookies that are required for the operation of our website. They

include, for example, cookies that enable you to log into secure areas of our

website, use a shopping cart or make use of e-billing services.

30.

You can find a list of Cookies that we use in the Cookies Schedule.

31.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept

Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

32.

You can choose to delete Cookies at any time; however you may lose any information that enables you to access the

Website more quickly and efficiently including, but not limited to, personalisation settings.

33.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance

provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

34.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will

also find details on how to delete cookies from your computer.

General

35. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights

under this privacy policy where we reasonably believe your rights will not be affected.

36. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid,

illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the

validity and enforceability of the other provisions of this privacy policy will not be affected.

37. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a

waiver of that, or any other, right or remedy.

38. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising

under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

39. AudioSpace Digital Ltd reserves the right to change this privacy policy as we may deem necessary from time to time

or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have

accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact AudioSpace Digital Ltd by email at [email protected].

Attribution

40. This privacy policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

01 April 2021

Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we

have missed a cookie or there is any discrepancy, please let us know.

Strictly necessary

We use the following strictly necessary cookies:

Description of Cookie

Purpose

Session

We use this session cookie to remember you and maintain

your session whilst you are using our website.