Terms & Conditions

1. Who We Are

GiftTrax is a personalised music service offering bespoke songs and related audio products for weddings, children’s songs, special occasions, memorial tributes, Bollywood celebrations, and other personal commissions.

GiftTrax is part of Third Eye Lab Ltd.

Throughout these Terms, “we”, “us” and “our” refer to GiftTrax and, where applicable, Third Eye Lab Ltd. “You” and “your” refer to the customer using our website or placing an order.

Business contact details
Trading name: GiftTrax
Company: Third Eye Lab Ltd
Company registration number: 16946547
Email: [Insert Email Address]
Registered business address: 71-75 Shelton Street, Covent Garden, London, UK WC2H 9JQ

2. Our Services

We create personalised songs and related audio products based on the information, ideas, stories, names, preferences and instructions you provide to us.

Our services may include, depending on the collection ordered:

• bespoke lyric writing;
• original music production;
• vocal production;
• edited or personalised backing tracks;
• tribute and memorial recordings;
• occasion-based personalised songs;
• digital audio delivery; and
• limited revisions where included in the selected package.

Each collection or package is described on the website. The exact service provided will depend on the collection, package and brief you choose.

3. Eligibility to Order

You must be at least 18 years old to place an order through our website.

By placing an order, you confirm that:

• the information you provide is accurate;
• you have authority to provide any content, names, stories, photos, wording or other materials submitted to us;
• any material you ask us to include does not infringe another person’s rights; and
• your requested use of the final work is lawful.

4. How Orders Work

Orders are usually placed through our website form and payment process.

When you place an order, you are making a request for us to provide a personalised creative service. Your order is not fully accepted until:

1. we receive your completed brief and any required materials;
2. payment has been made as required; and
3. we confirm that we are able to proceed.

We reserve the right to decline an order where:

• the brief is incomplete or unclear;
• the requested content is abusive, unlawful, defamatory, discriminatory or inappropriate;
• the request falls outside the scope of the selected package; or
• we believe we cannot deliver the project to a suitable standard.

If we decline an order after payment has been made and before substantive creative work has started, we will refund any amount due.

5. Personalised Nature of the Service

GiftTrax provides custom-made creative work tailored to the customer. Because every project is personalised, no two orders will be identical.

You acknowledge that:

• personalised songs are creative works involving artistic interpretation;
• tone, arrangement, lyric phrasing and musical style may vary;
• we will use our professional judgement when producing the final work; and
• the finished song will be based on the package purchased and the information supplied by you.

We will always aim to reflect your brief carefully, but creative services are not the same as ordering a standard off-the-shelf product.

6. Information You Provide

You are responsible for ensuring that all names, dates, spellings, facts, stories and instructions provided to us are correct.

We are not responsible for errors in the final product where those errors arise from incorrect, incomplete or misleading information supplied by you.

If you notice an error after submitting your form, please contact us as soon as possible. We will try to accommodate corrections where possible, but changes after production has started may affect timescales and may incur an additional charge.

7. Prices and Payment

All prices shown on the website are in pounds sterling (£).

Prices for each collection or package will be shown on the relevant page of the website. We reserve the right to update prices at any time, but changes will not affect orders already accepted.

Payment terms will be as stated on the website at the time of ordering. We may require full payment in advance before work begins.

If additional work is requested outside the agreed package, including substantial rewrites, major structure changes, rush delivery, or extra versions, we may quote an additional fee before proceeding.

8. Delivery Times

Any delivery times shown on the website are estimates only unless we have expressly agreed a fixed deadline in writing.

We will make reasonable efforts to deliver within the estimated timescale, but we are not liable for delay caused by:

• late or incomplete customer information;
• changes requested after work has started;
• technical issues beyond our reasonable control;
• unusually high demand; or
• circumstances amounting to force majeure.

If your order is time-sensitive, you should make this clear before ordering. We strongly recommend allowing sufficient time before birthdays, weddings, memorials, anniversaries or other important dates.

9. Revisions

Where revisions are included in the package, these are intended to cover reasonable amendments within the original brief.

Revisions typically do not include:

• a complete change of concept or occasion;
• a major rewrite caused by a new or changed brief;
• extensive new lyrics beyond the original agreed scope;
• changing the core style, structure or direction after approval; or
• multiple rounds of new creative development beyond the package allowance.

If you request work beyond the included revision allowance, we may charge an additional fee.

10. Approval and Final Delivery

Once the final version has been delivered, it is your responsibility to check it promptly.

If there is a genuine production issue or error that does not reflect the agreed brief, please contact us within [7] days of delivery.

We may, at our discretion, correct any confirmed error that falls within the original brief.

11. Digital Products and Consumer Rights

Our work is generally supplied as a personalised service and/or digital content, depending on the nature of the order. Nothing in these Terms affects your statutory rights under applicable UK consumer law.

11.1 Cancellation before work starts

You may request cancellation before substantive work has started. If we have not yet started work, we may issue a full refund or partial refund depending on any administrative costs already incurred.

11.2 Cancellation after work starts

Once we have begun personalised creative work on your order, you may lose the right to cancel or receive a full refund because the service is bespoke and created specifically for you.

11.3 Digital delivery

Where you ask us to supply digital content, and you agree that delivery may begin before any cooling-off period ends, you acknowledge that your cancellation rights may be affected once supply has begun.

11.4 Faulty or non-conforming work

If digital content or services supplied by us do not meet the legal standard required by law, you may have rights to a repair, replacement, repeat performance, price reduction, or other remedy as provided by law.

12. Refunds

Because GiftTrax provides personalised creative work, refunds are not normally available simply because a customer changes their mind after work has started or because the customer’s circumstances change.

However, we may consider refunds or partial refunds where:

• we are unable to proceed with the order;
• we decline the order before substantive work begins;
• a duplicate payment has been made;
• we agree that we have materially failed to provide the service ordered; or
• we are required to do so by law.

Any refund will be assessed in light of the stage of work completed and the nature of the commission.

13. Customer Conduct and Prohibited Content

You must not submit or request any content that:

• is unlawful, threatening, abusive or hateful;
• is defamatory or invasive of privacy;
• promotes discrimination, violence or illegal activity;
• infringes copyright, trade mark or other intellectual property rights; or
• is likely to cause distress in a way that is inappropriate for us to produce.

We reserve the right to refuse or cancel any order that breaches this clause.

14. Intellectual Property

Unless otherwise agreed in writing, all copyright and intellectual property rights in lyrics, compositions, arrangements, recordings, production elements, drafts and final masters created by us remain owned by GiftTrax.

Subject to full payment, we grant you a non-exclusive, non-transferable licence to use the final delivered work for personal, private, gift and family-use purposes.

You may not, unless we have agreed otherwise in writing:

• resell the song;
• commercially exploit it;
• distribute it as a commercial release;
• upload it to streaming platforms for monetisation;
• claim authorship of the work; or
• license it to third parties.

If you would like commercial usage rights, public release rights, sync rights, advertising rights or wider licensing, please contact us before ordering.

15. Our Right to Use Samples for Promotion

We will not use memorial songs, sensitive tribute material, or private commissions for promotion without appropriate care and discretion.

For other projects, we may ask permission to use limited excerpts, testimonials, or anonymised descriptions for portfolio, website or social media purposes.

If you would prefer your commission to remain entirely private, you may notify us and we will respect that request where agreed.

16. Memorial and Sensitive Commissions

For memorial, remembrance and other sensitive commissions, we will approach the work with care and professionalism.

You acknowledge that:

• the subject matter may be emotional in nature;
• creative interpretation remains part of the process; and
• it is your responsibility to ensure that the material you provide is suitable and appropriate for the intended recipients.

We reserve the right to decline any sensitive commission if we believe we are not the right fit for the request or if the material is unsuitable.

17. Audio File Format

We supply songs as uncompressed high-quality WAV files by default. If for any reason a compressed MP3 file is required, please contact us.

You are responsible for ensuring that you have compatible software, devices and internet access to receive and play digital files.

18. Website Use

You may use our website only for lawful purposes.

You must not:

• misuse the website;
• attempt unauthorised access to the website or its systems;
• introduce viruses or malicious code;
• copy website content without permission; or
• use our website in a way that could damage or disrupt the service.

We may update, suspend or withdraw parts of the website from time to time.

19. Privacy and Data Protection

We process personal information in accordance with our Privacy Policy.

By placing an order, you acknowledge that we may process the information you submit for purposes including responding to enquiries, administering orders, creating your personalised song, communicating with you about the project, and maintaining our business records.

Where you provide information about other people, such as names, stories, relationships or event details, you confirm that you have the right to share that information with us for the purposes of the commission.

20. Cookies

Our website may use cookies and similar technologies for site functionality, analytics and user experience. Where required by law, we will request consent before placing non-essential cookies on your device.

Further details should be set out in our Cookie Policy.

21. Limitation of Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

Subject to that, we are not liable for:

• indirect or consequential loss;
• disappointment arising from subjective creative preference where the work reflects the agreed brief;
• losses caused by inaccurate information supplied by you;
• event losses arising from late requests where no guaranteed deadline was agreed;
• third-party platform issues, playback issues or delivery failures outside our reasonable control; or
• any business loss where the order was placed as a consumer purchase for personal use.

Our total liability in connection with any order shall not exceed the amount paid by you for that order, except where the law provides otherwise.

22. Force Majeure

We are not responsible for failure or delay caused by events outside our reasonable control, including illness, internet outages, power failures, equipment failure, natural events, industrial disputes, government action or other unforeseen circumstances.

23. Complaints

If you are unhappy with any part of our service, please contact us at:

Email: [Insert Email Address]

We will try to resolve complaints fairly, reasonably and as quickly as possible.

24. Changes to These Terms

We may update these Terms and Conditions from time to time. The version displayed on the website at the time of your order will apply to that order unless a change is required by law.

25. Governing Law

These Terms and Conditions are governed by the law of England and Wales.

If you are a consumer, you may also have the benefit of any mandatory provisions of the law of the part of the United Kingdom in which you live.

Any disputes shall be subject to the jurisdiction of the courts of England and Wales, unless applicable consumer law provides otherwise.

26. Contact

If you have any questions about these Terms, please contact us at [Insert Email Address], or write to us at 71-75 Shelton Street, Covent Garden, London, UK WC2H 9JQ. Website: gifttrax.com