Legal Notices

Audible, Inc. provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully before placing an order and print a copy and keep it for your records and future reference!

TERMS AND CONDITIONS OF USE AGREEMENT

This is a legal agreement between you ("you", "user" "your") and Audible, Ltd., located at 500 Chiswick High Road, London W4 5RG, UK, a wholly owned subsidiary of Audible, Inc., located at 1 Washington Park, 16th Floor, Newark, NJ 07102, USA ("we", "us", "our" or "Audible") that States the terms and conditions that govern your use of the Audible website and Audible services. This Agreement, together with all updates, supplements, additional terms, software licenses, promotional offer terms and all of Audible's rules and policies (including the Privacy Policy) collectively constitute this "Agreement" between you and Audible.

BY ACCESSING THE AUDIBLE SITE AND USING ANY OF THE AUDIBLE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

Definition of the Audible Service.
Audible is the creator and provider of a service (the "Audible Service") that permits users to select proprietary audio consisting of licensed and original audio content (collectively, the "Audible Content") through means including but not limited to:
1. Audible's website, audible.co.uk ("Audible Site");
2. wired and wireless connections; and
3. telephony based networks;
and to playback such Audible Content on a computer or AudibleReady hardware device ("Device") using Audible's proprietary AudibleManager Software application (or other third party software application specifically approved by Audible that meets the then-current AudibleReady specifications) and/or any other software the user accesses, downloads, or otherwise receives for use in connection with the Audible Service, including but not limited to Beta (pre-release) versions thereof (collectively, the "Audible Software").

For certain business partners and affiliates of Audible, the Audible Service also includes distribution of Devices and other goods, production services for the creation of digital audio from text, audio, and video materials, and the creation of private distribution channels for delivery of proprietary audio, Audible Content, and/or special aggregations or versions of Audible Content.
Requirements for Use of the Audible Service.
The Audible Service is for individuals aged 18 or over who can form legally binding contracts under English law and are resident in the United Kingdom (being the island of Great Britain and Northern Ireland). If you do not meet the foregoing or other applicable requirements, you may not use the Audible Service.
Privacy.
Audible's Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.
Your Information.
You agree to provide current, complete, and accurate information required to complete your registration with the Audible Service and at other points as may be required in the course of using the Audible Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorised to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the Audible Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit or debit card information) for use in maintaining your accounts and billing Audible fees to your credit or debit card.
User Account, Password, and Security.
1. Account and Password. As a registered user of the Audible Service, you may receive or establish one or more passwords and accounts ("Audible Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Audible Accounts. You may not divulge your password to anyone else or use anyone else's password or Audible Account. You are entirely responsible for all activities that occur on or through your Audible Account(s), and you agree to notify us immediately about any unauthorised use of Audible Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this paragraph. Your breach of this paragraph may result in immediate termination of your Audible Account(s), and may also subject you to criminal or civil liability.
2. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Audible Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorised to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
  Your violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
  
  You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Audible Service.
Grants of Licenses.
1. Audible Content Licence. When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Audible Content from the Audible Service, Audible grants you a limited, revocable, non-exclusive, non-transferable licence to download or stream such Audible Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Audible Content in any other manner.
  You shall not sell, transfer, sub-licence, assign, lease, modify, distribute or publicly perform the Audible Content in any manner and you shall not exploit it commercially. You should not: (A) decompile, disassemble, or reverse engineer the Audible Content or attempt to do so; or (B) modify the Audible Content or create any derivative works therefrom.
  
  This licence to the Audible Content you Purchase will continue for as long as your copy of Audible Content exists pursuant to and in accordance with the terms and conditions of this Agreement.
2. Site Access Licence. Audible grants you a limited, revocable, non-exclusive, non-transferable licence to access and make personal non-commercial use of the Audible Site and not to download (other than page caching) or modify all or any portion of the Audible Site.
  This licence does not include any resale or commercial use of the Audible Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Audible Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  
  The Audible Site and/or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Audible, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilising our name or trademarks without our express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you.
  
  You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Audible Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Audible logo or other proprietary graphic or trademark as part of the link without our express written permission.
3. No Other Licence. Except as expressly stated herein, no rights or licenses are granted hereunder.
Audible Plans, Gift Vouchers and Programmes.
1. Audible Plans. You agree to participate in one of the several plans we offer for using and paying for the Audible Service. All of these plans will be referred, collectively, as "Audible Plan(s)", and are described in Policy on Audible Content Plans, which is expressly incorporated herein by reference and made a part of this Agreement. It is your responsibility to check that you can fulfill your obligations under such Policies.
2. Cancellation of your Audible Plan. You may cancel your subscription to particular Audible Content ("Subscription") or AudibleListener Membership Plan online or by contacting our Customer Care Department via telephone on 0800 08 25 100 or +44 (0)20 8747 2960, subject to the terms and conditions set forth in our Policy on Audible Content Plans.
3. Audible.co.uk Gift Vouchers. You may return an Audible.co.uk Gift Voucher ("Gift Voucher") within seven (7) business days of receipt and we will refund you the purchase price. After the seven (7) business days' period has expired the Gift Voucher is non-refundable and cannot be redeemed by the recipient for cash. Gift Vouchers may be used to purchase any Audible Content, Audible Plan, Device and/or accessory.
Prices.
Prices of all Audible Services, Audible Plan, Subscriptions, Audible Content, Gifts, Devices and other goods and services ("Product(s)") are in £ sterling at the price prevailing at the time you place your order. Prices are expressed inclusive of Value Added Tax ("VAT") and any other applicable taxes which will be charged at the current rate as shown on the on-line order form and are exclusive of any applicable delivery charges. Where they apply, delivery charges will be added to the price of the Products so that the on-line order form shows the total charges which we will debit from you. Our VAT number is 854172130.
Errors and Omissions.
Although we try to ensure that all prices on Audible Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered, we will inform you as soon as possible and you will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid for the Products.
Credit and Debit Card Payment.
You may pay for the Products on-line by supplying your credit or debit card details in the on-line order form. All purchases made are subject to authorisation by the issuing card authority. When you sign up for a free Trial Offer or update your card number on file, we may contact your card's issuing bank to confirm that your credit card is a valid number and has not been reported as lost or stolen. This may be communicated by a £1.00 or £2.00 authorisation on your account. In some instances, your available balance or credit limit may be reduced to reflect the authorization but Audible will not proceed with the charge and the authorisation is automatically released by your card company after a short time. We take precautions to keep the details of your order and payment secure. Unless we are negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order. For details of the security measures we employ, you must read the Privacy Policy.
Right to Change Prices.

Prices of all Products are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Audible Site or the Audible Service.

Prices of AudibleListener Membership Plans are subject to change upon notice via email to you. In the event of such a change, you will have the right to cancel your AudibleListener Membership Plan without penalty within ten (10) days of receipt of notice.

Prices of AudibleListener Membership Plans offered in connection with a Device purchase are not subject to change during the initial commitment period stated at the time the Device was purchased, during which the user is obligated to continue his/her AudibleListener Membership Plan as specified in the Policy on Audible Content Plans.
Agreement to Pay.
You agree that you will pay timely, and that we may charge your credit and/or debit card for any Product and for any additional amounts (including VAT and any other taxes and late fees, as applicable) as may be accrued by or in connection with your Audible Account(s) (collectively, "Audible Fees"). You are responsible for the timely payment of all Audible Fees and for providing Audible with a valid credit or debit card for payment of all Audible Fees.
All Audible Fees will be billed to the credit or debit card you designated during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card status, you must change your credit or debit card information online at the "My Account" section of the Audible Site or by contacting Customer Care on 0800 08 25 100 or +44 (0)20 8747 2960 There may be a temporary disruption in the ability to use the Audible Service until Audible can verify the validity of the new credit or debit card information.

You agree that Audible may use all legal means available to collect Audible Fees should our attempts to charge your credit or debit card on record fail for any reason. Audible will charge you for any collection agency and legal fees it pays while collecting Audible Fees from you.
Delivery, Title and Risk of Goods.
Any time or date stated for delivery of Devices, the tangible form in which the Audible Content is supplied, hardware, accessories or other goods ("Goods") is an estimate only.
Orders placed during a weekend or Bank Holiday may be delivered outside of the timescale stated on the Audible Site.

We make every effort to despatch Goods on time, but do not accept liability for failure to deliver within the stated time. If we are unable to deliver the Goods within 30 days beginning with the day after the day you submit your order, you will be entitled to cancel the order and require any monies paid to us in respect of that order to be refunded. We do not accept any liability for shortages or damage to deliveries unless you notify us in writing within 72 hours of delivery. Delivery is deemed to take place when the Goods are delivered to your nominated delivery address, whereupon the risk of loss, breakage and damage passes to you.

Title in the Goods does not pass to you until payment is received in full by us.
Product Availability.
If for any reason the Products ordered are no longer available we will notify you immediately and either: (i) give you the option of receiving alternative Products of similar price and quality; or (ii) cancel the item from your order and refund you in full.
If you do not wish to accept the alternative Products offered you may cancel the order and require any money paid to us in respect of that order to be refunded in full. For more information on the availability of the Audible Content, please refer to paragraph 18 (Availability of Audible Content).
Orders.
You will complete the on-line order form and then we will send you an email to acknowledge receipt of your order. Receipt of your credit or debit card details and debit of payments does not constitute our acceptance of your order. Our acceptance of your order takes place upon despatch of the Goods or upon receipt of our confirmation email in respect of Audible Services.
Electronic Signatures and Contracts.
When you visit Audible Site or send us e-mails, you are communicating with us electronically. Your use of the Audible Service includes your ability to enter into agreements and/or to make Purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for your purchases and applies to all electronic communications and records relating to all transactions you enter into on this Audible Site.
You consent to Audible providing you any information that Audible is required to send you regarding your agreement, purchases and other transactions ("Required Information") in electronic form. Audible may provide Required Information to you in the following ways:
1. via e-mail at the e-mail address you specified in your Audible membership submission;
2. by access to an Audible website that will be designated in an e-mail notice sent to you at the time the information is available; or
3. by access to an Audible website that will be generally designated in advance for such purpose.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

You may, in addition to the electronic copy which is accessible and downloadable from this Audible Site, request a paper copy of any Required Information. You may request paper copies, withdraw your consent, or update your e-mail address by following the instructions at www.audible.co.uk/myaccount. Audible must receive your paper copy request within 120 days from the date that Audible first provided the Required Information to you.

In order for you to access and retain your electronic records, you must have the following hardware and software: a computer capable of reading text files, a modem or other means of accessing the internet, and a browser capable of accessing and displaying web pages.

Notwithstanding your consent as set forth in this section, you may at any time obtain a paper copy of an electronic record by sending an e-mail to us and paying a nominal fee per copy.

Your consent to electronic agreements set forth above is necessary for use of the Audible Service. You may withdraw consent by sending Audible an e-mail containing information unique to you including your account information. However, this will result in a termination of this Agreement and of your ability to use the Audible Service.

Any contract entered into between Audible and you and all Audible communications with you will be in English.
Delivery of Audible Content.
All Audible Content will be delivered to the "My Library" section of the Audible Site.
Availability of Audible Content.
We will exercise reasonable efforts to provide the Audible Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that availability of Audible Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programmes by the supplier. Your exclusive and sole remedy with respect to Audible Content that is not delivered within a reasonable period, which in any event shall not be longer than 30 days from the date you ordered such Audible Content, will be a full refund of the price paid for that Audible Content or if you prefer a replacement of such Audible Content with comparable programmes or a pro rata extension of the applicable subscription period.
Intellectual Property.
1. Removal of Audible Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Audible Content or other materials comprising a part of the Audible Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Audible Content or materials under this Agreement.
2. Copyrights. All copyrights in and to the Audible Service materials including but not limited to the Audible Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Audible Content, Subscriptions, Audible Software, or any parts of or content within the Audible Site, Audible Content, Subscriptions and Audible Software, are owned by Audible and/or its suppliers and/or licensors. The use of any software other than web browsers and Audible Software on or in connection with the Audible Service, such as products that download the Audible Site or any of the pages of the Audible Site, is strictly prohibited and infringes on the copyrights in and to the Audible service materials. Reproduction or use of the Audible Service materials in a manner other than as specified in this Agreement may subject you and others to civil and criminal penalties, including possible monetary damages, for copyright infringement.
3. Copyright Infringement. We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Copyright Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.
4. Trademarks. Audible, Audible.com, Audible.co.uk, Audible Hear, There, and Everywhere, AudibleListener, AudibleManager, AudibleOriginals, AudibleReady, Click.Hear and other Audible trademarks, service marks, graphics and logos used in connection with the Audible Service are trademarks or registered trademarks of Audible, Inc. in the U.S. and/or other countries. Other trademarks, servicemarks, graphics and logos used in connection with the Audible Service are the trademarks of their respective owners. You are granted no right or licence with respect to any of the above mentioned trademarks and any use of such trademarks, including but not limited to use in connection with any product or service that is not that of the respective trademark owner in any manner that is likely to cause confusion among customers or that disparages or discredits the respective trademark owner, is strictly prohibited.
5. Patents. The Audible Service is covered by U.S. Patent Nos. 5,926,624, D409,193, 5,872,712, 5,790,423 and 6,158,005, however no licence to these patents is required for your use of the Audible Service in accordance with this Agreement and no such licence is granted.
Termination.
1. Termination By Audible. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Audible Fees due, failure to provide Audible with a valid credit or debit card or with accurate and complete Registration Data, failure to safeguard your Audible Account information and password, or violation of the Audible Content Licence or the Audible Site Access Licence or any licence to Audible Software, Audible, at its sole discretion, may:
  1. terminate this Agreement and/or your Audible Account and you will remain liable for all amounts due under your Audible Account up to and including the date of termination; and/or
  2. terminate the Audible Content License, the Audible Site Access Licence and/or licenses to Audible Software; and/or
  3. preclude access to the Audible Service (or any part thereof). We will notify you if we take any of the foregoing actions.
2. Termination of the Service. We reserve the right to modify, suspend or discontinue the Audible Service (or any part thereof) or any Audible Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon your Audible Plan and the other Purchases you have made from the Audible Service.
General Compliance with Laws; Export Restrictions.
The Audible Service is controlled and operated by us from our offices within the United States. You agree to comply with all domestic and/or foreign government export and/or import laws, rules, policies, procedures, restrictions and regulations that apply to your use of the Audible Service, including in relation to the export or re-export into (or to a national or resident of) any country to which the United States and/or the United Kingdom and/or other members of the European Union embargo[es] goods or to anyone who has been prohibited from participating in export transactions.
No Responsibility for Third Party Materials or Websites.
Certain content, Audible Content, products and services available via the Audible Service may include materials from third parties. In addition, we may provide links to certain third party websites.
You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites.

Audible does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. You should carefully review the privacy policies and other website terms and conditions of use and/or their product terms and conditions. You will be bound by such terms and conditions when entering a third party website and/or purchasing other third party products.
Offensive Content.
Audible hosts comments on Audible Site that are submitted by its users. Because of the volume of comments that users post, Audible cannot and does not monitor the contents of each of these comments. As a consequence, Audible will not be liable for any defamatory, obscene, racist or otherwise abusive comments that appear on Audible Site. Audible will, however, do its utmost to remove any such offending content as soon as reasonably possible after it has been brought to Audible's attention. If you believe that any of the content contains a defamatory statement, please notify Audible with the details at the following address: complaints_uk@audible.co.uk.
Limited Express Warranty.
Except as expressly provided herein, the Products Purchased are provided "AS IS" and "AS AVAILABLE".
The Audible Service is only warranted as stated below:

Audible warrants that the media in which the Audible Content is provided (e.g., the CD-ROM or the electronic file transmitted to you) and in general the Goods supplied by Audible will be generally free from material defects in workmanship and materials on delivery.

Audible warrants that the Audible Content that you licence directly through the Audible Service will be of a quality suitable for human listening and will consist of the Audible Content that was offered via the Audible Service, if obtained pursuant to Audible's instructions using equipment that is in good operating condition and meets the specifications for the Audible Service as provided by Audible.

There is no warranty, express or implied, on the content, quality, or technical compatibility of audio materials and information services downloaded through the Audible Service but not under the control of Audible.

The foregoing warranties do not cover defects caused by viruses, disabling codes, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Audible Service, accident, mishandling, misuse, improper installation, service or maintenance, modification of the Audible Software or Audible Content or the media on which the Audible Software and Audible Content are furnished, or the user's lack of the necessary hardware/software.

No Audible employee, agent, dealer, distributor, or reseller is authorised to make any modification or addition to the warranties stated in this paragraph. The express warranties stated above are in lieu of all other warranties, express or implied or statutory which are excluded to the extent permitted by law.
Return Policy.
1. Defect in Audible Content. If you find a defect in Audible Content that you have received in a tangible medium from Audible or that you have downloaded or attempted to download from the Audible Site or if the Audible Content is incomplete or not as warranted above, your sole remedy (provided you meet the registration, technical and payment requirements for use of the Audible Service) is to call Audible Customer Care on 0800 08 25 100 or +44 (0)20 8747 2960 to inform us of the defect within seven (7) days of first downloading the material or complete the customer service request form available at the Audible Site. You will be asked to document the defect. Audible will then consult with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of Audible Content, you may attempt at a later time to download a new copy of the Audible Content, or Audible will provide you with replacement Audible Content or a credit on your Audible Account for the defective material, as determined by Audible in its sole discretion,
2. Return of Faulty Goods. If you find that any other Goods (apart from Audible Content mentioned above) supplied by Audible, to be faulty or defective, we offer the return facility set out below.
  We will accept the return of defective Goods for full refund or replacement (at our sole discretion), if, but only if, the Goods are returned within seven (7) business days of delivery. This does not apply if the Goods have been worked upon, altered or damaged in any way by you or not used in accordance with the manufacturer's instructions.
  
  On receipt of the returned Goods, we will test them to identify the fault you have notified to us. If following the testing process, such items are found to be in working order without defect, we will return them to you, and the carriage costs of this return will be your responsibility.
3. Return of Non-faulty Goods. You may return unwanted Goods within seven (7) business days of delivery. If the Goods are sealed (such as audio or video recording materials or computer software) you may only return the Goods if the seals have not been broken. We regret that we cannot accept the return of Goods that have already had audio programmes installed on them or any Audio Contents that you have already downloaded. Please see below for details of the Returns Procedure. If you are a consumer (i.e. acting in your personal rather than a business capacity) this right of return satisfies your statutory right to return goods as set out in more detail in below.
Returns Procedure.
All original packaging must be included with returned goods. Occasionally we may have to charge you for the cost of returning the Goods or require you to pay for their return including where large quantities of Goods are involved or in the case of repeated returns. You are under a duty to retain possession of the Goods whilst they are awaiting return to Audible and to take reasonable care of them during this period. Audible does not accept liability for packages damaged during transit. It is your responsibility to wrap the Goods adequately to prevent damage.
Limitation on Liability.

To the fullest extent permitted by law in no event shall Audible have any liability whatsoever to you or any third party for any lost profits, records or data, interruption of service, or loss of business or business opportunities, loss of revenue, loss of anticipated savings, wasted expenditure, including without limitation, damages that may have been caused by a virus or other data corruption problem resulting from access to, downloading from or use of the Audible Service, Audible Site and purchase of any items on Audible Site.

In no event shall Audible have any liability whatsoever arising out of any misuse of passwords or Audible Accounts, or arising out of its good faith removal or disabling of any Audible Content or discontinuation of any Audible Service. Subject to the availability of the Audible Content and Audible's limited express warranty herein, Audible is not responsible for any claims involving the timeliness, accuracy, completeness, or reliability of the Audible Content you download or otherwise access from or through the Audible Service.

With respect to any cause of action brought under any theory, including but not limited to tort and contract, in no event shall Audible or any of its suppliers or licensors be liable to you or any third party for any indirect, incidental, consequential, punitive or special damages, arising in connection with or related to use or inability to use Audible Site, Audible Account(s), Audible Software, Audible Content or the Audible Service, or any other item supplied by Audible even if advised of the possibility of such damages.

In no event shall Audible be liable for any direct damages arising in connection with the Audible Service (or any part thereof) in excess of the greater of: (a) the price paid by you for the particular software or content or item giving rise to the damage, or (b) one hundred and fifty pounds (£150).

Nothing in this Agreement excludes or limits our liability for personal injury or death caused by our negligence.
Indemnity.
You agree to indemnify and hold harmless Audible, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners without any limit any and all liability, loss, damage, costs and expenses (including legal expenses) awarded against, incurred by or paid or payable by Audible resulting at any time from any third party claim or demand, due to or arising out of your breach of this Agreement and/or your use of the Products.
Your Rights as a Consumer.
If you are a consumer (i.e. acting in a personal rather than a business capacity) we respect your statutory rights as follows:
1. We provide you with information relating to the Products in writing (including our contact details, a description of the goods, services, prices and delivery charges, arrangements for payment and delivery and your right to cancel contracts). This information is set out in the on-line order form, this Agreement and the e-mail acknowledgement of your order.
2. We will deliver the Goods to you within 30 days beginning with the day after the day you submit your order via the Audible Site.
3. We will let you know if we are unable to supply the Goods within the 30 day period because the Goods are not available. If we are able to supply substitute goods of similar quality and price we will give you this option. If you would rather treat the contract as cancelled we will reimburse all sums you have paid.
4. You can cancel your purchase within seven (7) business days after the date the Goods are delivered to you provided that in the case of the Goods which are sealed, such as audio or video recording materials or computer software the seals have not been broken. Depending on the specific Product you have selected we may allow you a longer period to return the Goods. Please refer to the Policy on Audible Content Plans for further details.
5. If you exercise your right to cancel we will within 30 days of you cancelling the contract reimburse all sums you have paid free of charge, but you may be responsible for the direct cost of returning the goods.
6. Once we have started providing you with the Audible Service (for example, you have started downloading the Audible Content you have selected) or any other service we may provide you with and you have consented to it, you may not cancel such Audible Service or any other applicable service without our agreement.
Governing Law.
This Agreement shall be governed and construed in accordance with the laws of England and you submit to exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
Changes.
We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Audible Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Audible Site. Your continued use of the Audible Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Miscellaneous.
Nothing in this Agreement affects your statutory rights, either as a consumer or otherwise.
This Agreement constitutes the entire agreement between you and Audible, and supersedes any prior agreements between you and Audible, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void.

In the event of a direct conflict or inconsistency between the terms of this Agreement and: (A) other terms and conditions that may be applicable to the Audible Service generally, the terms of this Agreement will take precedence with respect to the subject matter of this Agreement; and (B) the Privacy Policy, Policy on Audible Content Plans, Additional Terms, Software Licenses or Copyright Notice, the terms and conditions of such statement, document, licence or policy will take precedence with respect to the subject matter thereof. In the event of a direct conflict or inconsistency between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall take precedence with respect to the such marketing promotion or offer.

The failure of Audible to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it shall be deemed to be severed and the other provisions will remain in full force and effect.

Audible will not be deemed to be in breach of its contract with you and will not be responsible for failures to fulfill any obligations due to any event of force majeure including (without limitation) acts of God, civil commotion, riots, flood, drought, fire and legislation or any other causes beyond its control.

Headings are for convenience only and will not be used to alter the meaning of any provision.

In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987, Audible confirms that the goods it supplies do not present a hazard to health and safety when properly used in accordance with the manufacturer's instructions for the purpose for which they are designed and when you take reasonable and normal precautions in their use.

You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose.

All notices and demands required to be given to Audible hereunder shall be in writing and shall be served by personal service, nationally recognised overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Audible, Ltd., 500 Chiswick High Road, London, W4 5RG, UK.
Further Information.
If you have any queries regarding this Agreement or submitting orders via the Audible Site, please contact our Customer Care Department on 0800 08 25 100 or +44 (0)20 8747 2960. The Audible Site is operated by and the services and products available for purchase on the Audible Site are supplied by Audible, Ltd. a company registered the United Kingdom under registered number 05280956 and whose registered office address is at 500 Chiswick High Road, London, W4 5RG, United Kingdom, Tel: 0800 08 25 100 or +44 (0)20 8747 2960, email: customer_service_uk@audible.co.uk.

Policy on Audible Content Plans

Audible offers various plans for using and paying for the Audible Service, including but not limited to those described below. All such plans for using and paying for the Audible Service shall be referred to herein, collectively, as "Audible Plan(s)".

A La Carte.
If you purchase Audible Content on an "A La Carte" basis, you pay for the Audible Content you select and your credit or debit card is charged each time you make a Purchase. If you Purchase any subscription Audible Content ("Subscription"), you will be charged for the full price of the Subscription at the beginning of the Subscription term.
AudibleListener Membership Plans.
AudibleListener Membership Plans are generally comprised of plans that are automatically renewable on a monthly basis. The standard AudibleListener Membership Plans include Basic and Premium (collectively, the "Standard Membership Plans"). At the end of each month, your AudibleListener Membership Plan will automatically renew for continuous one (1) month terms thereafter, until terminated by you in accordance with this Policy on Audible Content Plans. Each month, on the monthly anniversary date of the day you signed up for the AudibleListener Membership Plan ("Renewal Date"), Audible will charge your credit or debit card the relevant monthly fee for your chosen AudibleListener Membership Plan ("Monthly Fee").
Standard Membership Plans consist of the Basic Membership Plan and the Premium Membership plan, as further described below.
1. Basic Membership Plan.
  The Basic Membership Plan is available on a monthly basis. The Basic Membership Plan is automatically renewable until terminated by you in accordance with this Policy on Audible Content Plans. Each month on the Renewal Date, Audible will charge your credit or debit card the relevant Monthly Fee for the Basic Membership Plan. The Basic Membership Plan entitles you to a number of Membership Credits (defined below), specified at the time you join, with which you can purchase Audible Content on the Audible Site. Those who have joined under a Basic Membership Plan ("Basic Members") will also have the ability to keep the number of AudibleListener Rollover Credits specified at the time of joining, so long as their Basic Membership Plan is in effect.
2. Premium Membership Plan.
  The Premium Membership Plan is generally the same as the Basic Membership Plan, however, the number of Credits you receive, and the number of Credits that are considered AudibleListener Rollover Credits, is greater. The Premium Membership Plan is available either on a monthly basis. The Premium Membership Plan is automatically renewable until terminated by you in accordance with this Policy on Audible Content Plans. Each month on the Renewal Date, Audible will charge your credit or debit card the relevant Monthly Fee for the Premium Membership Plan. The Premium Membership Plan also entitles you to a number of Membership Credits, specified at the time you join, with which you can purchase Audible Content on the Audible Site. Those who have joined under a Premium Membership Plan ("Premium Members") will also have the ability to keep the number of AudibleListener Rollover Credits specified at the time of joining, so long as their Premium Membership Plan is in effect.
Committed Membership Plans.
Committed Membership Plans work in the same manner as the Basic and Premium Membership Plans, as described above, where payment is on a monthly basis. For Committed Membership Plans, however, members will receive a gift for joining (such as a Device, or a discount on the purchase of a Device), in exchange for their commitment to remain a member for the period of time specified at the time of joining (the "Commitment Period"). You may elect to accelerate the payment schedule and pay all sums due for the Commitment Period. Such payment fulfils your commitment, converting your membership to a standard monthly Basic or premium Membership Plan, as applicable.
Trial Offers.
Audible may, in its sole discretion, make available free or paid trial offers to registered users and others for a monthly Basic or Premium Membership Plan (a "Trial Offer"). Trial Offers are generally for a short period of time (e.g., thirty (30) days) and are available for free or for a fee. The length and cost of the Trial Offer will be specified at the time of joining. Those who participate in a Trial Offer ("Trial Members" and together with Basic Members and Premium Members, collectively "Members") will have all of the same membership benefits as the related Basic or Premium Membership Plan. Trial Members may switch to a Standard Membership Plan during their Trial Offer period, subject to the rules relating to upgrading and downgrading specified in Paragraph G below. Upon expiration of any trial period, you will automatically be joined into the related Basic or Premium Membership Plan and Audible will charge your credit or debit card the relevant Monthly Fee, as applicable. Trial Offers are limited to one per household.
Credits.
Upon joining or renewing an Audible Plan, or for other reasons specified at the time you joined your membership, Basic and Premium Members receive credits which may be used for purchasing Audible Content on the Audible Site ("Credits"). Credits may not be used to purchase Devices, other hardware or accessories. If you make purchase Audible Content in excess of your number of available Credits under your chosen Audible Plan, your credit or debit card will be billed the appropriate additional amounts as described in Paragraph A. Credits include, without limitation, Membership Credits, Complimentary Credits, Friends Credits, Gift Credits and Trial Bonus Credits, as specified below.
1. Membership Credits.
  "Membership Credits" are those Credits which Basic and Premium Members receive on a monthly basis to purchase Audible Content on the Audible Site. The number of Membership Credits you receive depends on the level and type of Audible Plan and is specified at the time you joined your membership. Depending on the level of your Audible Plan, Membership Credits will be available for you to use for purchases for the period of time specified when you received such Credits, however, a certain number of Credits will be available for you to use for purchases as long as you remain a member ("AudibleListener Rollover Credits"). The number of AudibleListener Rollover Credits varies depending on the level of your Audible Plan and will be specified at the time you joined your membership. Any Membership Credits that you have over and above your allotted AudibleListener Rollover Credits on your Renewal Date will automatically expire.
2. Complimentary Credits.
  "Complimentary Credits" are those Credits which members and non-members may receive through, without limitation, goodwill, member anniversaries, no-risk listen opportunities, or in other situations, in each case as determined by Audible, in its sole discretion. Complimentary Credits expire three hundred sixty-five (365) days after the date of issue.
3. Friends Credits.
  Friend credits let you share your audio credits by buying audiobooks and programs for the people you know.
4. Gift Credits.
  "Gift Credits" are those Credits which members and non-members may receive via Audible's gift products program (e.g., gift cards, gift Vouchers, etc.). Gift Credits may or may not expire, depending on your state of residence and whether they were purchased or received for free. All terms and conditions of the Gift Credits, including expiration date, if any, are specified on the gift product.
5. Trial Bonus Credits.
  "Trial Bonus Credits" are those Credits which members receive as part of a Trial Offer. Trial Bonus Credits expire in the same manner as Membership Credits.
Upgrading or Downgrading a Plan.
You may upgrade your AudibleListener Membership Plan category on the Audible Site by yourself. You may, subject to any minimum term commitment that may apply, downgrade your AudibleListener Membership Plan category by contacting Customer Care via telephone on 0800 08 25 100 or +44 (0)20 8747 2960. Such Audible Account changes will be effective as of the date of your request. You agree to pay any additional fees that may be applicable to your new AudibleListener Membership Plan.
1. Basic Membership Plans. Upgrades.
  Basic Members can upgrade to a Premium Membership Plan. Any available Credits, including any AudibleListener Rollover Credits, that a Basic Member has accumulated will be transferred to such new upgraded membership plan, and may become AudibleListener Rollover Credits in accordance with the rules for such new membership plan. Upon any upgrade, Audible will charge your credit or debit card the relevant additional fee for the Premium Membership Plan. Downgrades. Basic Members cannot downgrade to any other Membership Plan.
2. Premium Membership Plans. Upgrades.
  Premium Members cannot upgrade to any other Membership Plan. Downgrades. Premium Members can downgrade to a Basic Membership Plan. Any available Credits, including any AudibleListener Rollover Credits that a Premium Member has accumulated and that have not expired will be transferred to such new downgraded membership plan, in accordance with the rules for such new membership plan.
3. Committed Membership Plans.
  If you joined pursuant to a Committed Membership Plan, you may only upgrade or downgrade to another Committed Membership Plan.
Cancellation of Your Audible Content Plan.
For the avoidance of doubt none of the cancellations stated in this Policy shall affect your statutory rights. For further details of your statutory rights please refer to the Terms and Conditions of Use Agreement. You may cancel your Subscription or AudibleListener Membership Plan online or by contacting the Audible Customer Care Department via telephone on 0800 08 25 100 or +44 (0)20 8747 2960. Audible will be entitled to rely on a notice of cancellation that appears legitimate and cancel service on that basis. Audible's responsibility for improper cancellation is limited to reinstating your Membership Plan or Subscription or to offering a refund, at Audible's sole discretion. The consequences of and charges associated with cancellation are as follows:
1. Subscriptions.
  With respect to any Subscriptions purchased A La Carte, you may cancel the Subscription within seven (7) business days of ordering the Subscription and we will refund you any Subscription fee paid. If you want to cancel the Subscription after the seven (7) business days' period has expired but before the initial term of your Subscription has expired, you may be entitled to a refund depending upon whether there is a shorter subscription available for the relevant Audible Content. You will be obligated to pay based upon the subscription term length closest to the number of months your Subscription was active. For example, if you signed up for a twelve (12) month Subscription and wish to cancel after five (5) months, then: (A) if a six (6) month Subscription term is available, you would be charged for a six (6) month Subscription and refunded the difference between the twelve (12) month and six (6) month Subscriptions, or (B) if only a twelve month term is available, then you would be charged for the twelve (12) month Subscription.
2. AudibleListener Membership Plans.
  If you cancel your AudibleListener Membership Plan, your Audible Account will default to the A La Carte Plan.
  1. Without a Device.
    If your AudibleListener Membership Plan does not include the purchase of a Device, you may cancel your AudibleListener Membership Plan at any time within the first month of its commencement without any charge or penalty and your credit or debit card will be credited with the Monthly Fee billed for your chosen AudibleListener Membership Plan. If you do not cancel your AudibleListener Membership Plan, it will be automatically renewed each month for additional one (1) month terms and your credit or debit card will be charged on the monthly Renewal Date with the relevant AudibleListener Membership Plan Monthly Fee. You may cancel your AudibleListener Membership Plan at any time after the initial month term and be billed for the month of cancellation but for no subsequent months.
  2. With a Device.
    If your AudibleListener Membership Plan includes the purchase of a Device, you may return your Device, provided it has not been used for any purpose and cancel your AudibleListener Membership Plan within the first month and you will receive a full refund for the Device less our costs of recovering the Device such as shipping, handling and restocking fees and charges on the A La Carte Plan for any Audible Content you may have Purchased. Please refer to the Return Policy set out in the Terms and Conditions of Use Agreement. You may cancel your AudibleListener Membership Plan after the first month, however, if you do so, a charge for the number of months remaining on your minimum term commitment will immediately be charged to your credit or debit card and you will no longer be entitled to any Audible Content. For example, if you choose to cancel your AudibleListener Membership Plan in the third month of twelve (12) month minimum commitment Plan, you will immediately be billed for the nine (9) months remaining of your commitment and you will not be entitled to any Audible Content after the date of cancellation.
  3. With a Rebate, Discount, or Gift Card.
    If your AudibleListener Membership Plan is included with a discount, rebate, or gift card with a purchase of an AudibleReady® device from participating retailers your AudibleListener plan you may cancel that AudibleListener plan within seven (7) business days of ordering the relevant AudibleListener plan or if you are to receive a gift card or an AudibleReady® device within seven (7) business days from delivery of such gift card or device in accordance with the Return Policy set out in the Terms and Conditions of Use Agreement. After the seven (7) business days' period has expired you may not cancel the AudibleListener plan for any reason within the first 12 months of membership.
COPYRIGHT NOTICE POLICY

Consistent with the Copyright, Designs and Patents Act 1988, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Audible Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- A statement of truth made by you, declaring that the above information in your notice is accurate and true, that you are the copyright owner or authorised to act on the copyright owner's behalf and that your statement can be used in any court proceedings that may arise out of or relating to the infringing material.
- Our designated agent for notice for claims of copyright infringement is our Associate General Counsel who can be reached as follows: By mail: Contessa E Nyree, Audible Inc., 1 Washington Park, 16th Floor, Newark, NJ 07102, USA. By phone: (973) 820-0400. By email: cnyree@audible.com.
Note: The above contact information is provided exclusively for notifying Audible that your copyrighted material may have been infringed. All other inquiries, (e.g., requests for technical assistance or Customer Care, reports of email abuse, and piracy reports), will not receive a response through this process and should be directed to our Customer Care group via email at myaudible@audible.co.uk or by phone on 0800 08 25 100 or +44 (0)20 8747 2960.
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