REFUND POLICY
Digital downloads are given their own unique category under the Consumer Contracts Regulations in the United Kingdom and are therefore not classified as either services or goods. Due to the nature of digital downloads, refunds cannot be guaranteed after products have been Downloaded, but each circumstance will be considered for fairness. It is your responsibility to ensure that the products offered by Kwonky Instruments are compatible with your computer system before completing a purchase with us. In most cases our software requires a full version of Native Instruments Kontakt.
Specific software requirements are listed on individual pages of the website.
Please note that our software is NOT compatible with KONTAKT PLAYER.
SOFTWARE LICENCE AGREEMENT
All products purchased from the Kwonky Instruments website are covered by a Single-User License agreement. You are permitted to install the products on multiple computers, as long as you are the sole user.
The contract between you and Kwonky Instruments is made when your final checkout payment is accepted and Products(s) are available for you to download.
You are permitted to use the audio output generated by the instrument in personal or commercial music or sound design projects when mixed with other audio sources. This includes music and sound design for commercial release, promotional purposes, production music and computer games.
You are not permitted to create derivative instruments, sample packs or otherwise sell or distribute the audio samples from the instrument in isolation for either commercial or personal projects. You are not permitted to upload, redistribute, share, sub-licence or lend the instrument, or any part of it, to third parties. Doing so is a violation of the terms of this software licence agreement.
The instrument and its contents remain under ownership of Kwonky Instruments. Installing the software constitutes an agreement to the above terms.
For site wide licence options and all other licensing questions please contact us – info@kwonkyinstruments.com
PRIVACY POLICY
Kwonky Instruments is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.kwonkyinstruments.com (the “Site”) and how we collect and use that information.
The terms “we”, “us” and “our, refer to “Kwonky Instruments”. The term “user”, “you” and “your” refers to site visitors, customers and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us which personally identifies you and/or your contact information, such as your name, phone number and email address.
Kwonky Instruments provides a website where users can purchase digital products as downloadable files (the “Service”).
Use of the Site, including all materials presented herein and all online services provided by us, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
KEY OBJECTIVES
We are committed to maintaining the trust and confidence of visitors to our website. In particular, we want you to know that Kwonky Instruments is not in the business of selling, renting or trading email lists with any third parties. In this Privacy Policy, we have provided information on when and why we collect your personal information, how we use it, the limited conditions under which we may disclose it to others and how we keep it secure.
COOKIES
Like most websites, the Kwonky Instruments website uses cookies to collect information. Cookies are small data files which are placed on your computer or other devices (such as smart ‘phones or ‘tablets’) as you browse the website. They are used to ‘remember’ when your computer or device accesses our website.
Cookies are essential for the effective operation of our website and to help you shop with us online. They are also used to tailor the products and services offered and advertised to you, both on our websites and elsewhere. Some cookies collect information about browsing and purchasing behaviour when you access this website via the same computer or device. This includes information about pages viewed, products purchased and your navigation of the website.
We do not use cookies to collect or record information on your name, address or other contact details. We use cookies to monitor your browsing and purchasing behaviour.
We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
PERSONAL INFORMATION
When subscribing to our email list, when you sign-up to gain access to free products, and when you buy products from us via our shop, we collect personal information such as your name and email address. We use that information for a couple of reasons: to get in touch with you to inform you about software updates and patch releases; to contact you if we need to obtain or provide additional information; to check our records are correct and up-to-date; to inform you about our new products and to check every now and then that you’re happy and satisfied. We don’t rent or trade email lists with any third party organisations or businesses.
We use a third-party provider, Mailchimp, to deliver our newsletter. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our e-newsletter.
For more information, please see Mailchimp’s Legal Policies here: https://mailchimp.com/legal/
You can unsubscribe from the mailing list at any time by clicking the unsubscribe link at the bottom of any of our emails, or by emailing us at info@kwonkyinstruments.com
You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection at info@kwonkyinstruments.com
PROCESSING ORDERS
We use FastSpring to process all orders via our website. FastSpring have their own privacy statement that you can read here: https://fastspring.com/privacy/
Third Parties
When someone visits www.kwonkyinstruments.com we use a Facebook Pixel to track and log information and details of visitor behaviour patterns. We do this to monitor visitors to the various parts of the site from Facebook Ads. This information is processed in a way which does not identify anyone individually. We do not make, and do not allow Facebook to make, any attempt to find out the identities of those visiting our website.
CHANGES TO THIS PRIVACY NOTICE
This privacy policy is reviewed and updated regularly. You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page.
Last reviewed and updated March 2024.
TERMS & CONDITIONS
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kwonky Instruments’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The terms ‘Kwonky Instruments’, ‘us’ or ‘we’ refers to the owner of the website. The term “user”,”you” and “your” refers to site visitors, customers and any other users of the site.
WEBSITE
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences. If you allow cookies to be used on your machine our cookies collect information about browsing and purchasing behaviour when you access this website via the same computer or device. This includes information about pages viewed, products purchased and your journey around a website. We do not use cookies to collect or record information on your name, address or other contact details. We use cookies to monitor your browsing and purchasing behaviour.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by us. This material includes, but is not limited to the design, layout, look, appearance, graphics and audio. Reproduction of which is prohibited. This includes sampling audio from the website to use in your own music and sound design projects.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website is not permitted.
Occasionally this website will include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
PERSONAL RESPONSIBILITY
You acknowledge that you are participating voluntarily in using the Website and that you are solely and personally responsible for your choices, actions and results, now and in the future.
You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the Website.
TESTIMONIALS
We may present real world experiences, testimonials, and insights about other people’s experiences with our software tools for purposes of illustration only. Testimonials, examples, and photos used of actual clients and results they personally achieved are not intended to represent or guarantee that current or future Users will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
TERMS OF PURCHASE
By clicking “Buy,” “Purchase,” or any other phrase on the purchase button you the User are entering into a legally binding agreement with Kwonky Instruments, subject to the following terms:
Upon purchase the User will be provided with download links to their purchased software. Files are made available to you for 7 days, after such time, download access will be automatically suspended.
We use the FastSpring platform to handle our checkout, fulfilment and file management. It is important that you do not share download links with anyone else. FastSpring automatically tracks access by unique machine. If the file has been accessed from too many unique machines, then access will be automatically revoked.
It is your responsibility to download and back up your files within the 7 day download window listed above. After this window has expired we may not be able to provide new file downloads.