TERMS AND CONDITIONS
Version number: [1.1]
Effective date: [21.03.22]
1. Who we are
1.1 We are “Vocal Coach Dylan” (a trading name of Dylan Ball). See more information about us at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.
3. Some definitions
THIS SECTION EXPLAINS WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
· “Coaching Programme” – a booking of two or more Coaching Sessions.
· “Coaching Sessions” – our individual live online coaching sessions (including via Skype).
· “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
· “Content” – all information of whatever kind (including posts, comments, articles, blogs, chat, images, photos, audio, video, training materials, advertisements, messages, reviews (including ratings) etc.) displayed, stored or sent on or via our Service.
· “Online Courses” – our non-live courses enabling online access to course videos, audios and other materials.
· “Service(s)” – the service we offer by means of our website and any related software and services including Online Courses and Coaching Sessions.
· “User” – people or organisations using our Service (whether or not registered with us).
4. IMPORTANT WARNING
THIS SECTION CONTAINS CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START
4.1 You agree not to start or continue any Online Course or Coaching Session if you have any vocal health issues or your voice feels uncomfortable in any way or if you are ill. If any of these things happen, you agree to tell us immediately and to take appropriate medical advice. Always listen to your body.
5. How you enter a legal contract with us
THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
5.1 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
5.2 We accept your offer and there is a binding legal contract when we send you a confirmation email.
5.3 We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
5.4 By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
6. Consumer legal right to cancel (“cooling off”)
THIS SECTION EXPLAINS THE LEGAL RIGHTS THAT YOU MAY HAVE IF YOU CHANGE YOUR MIND AND WANT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS
6.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract as further explained in the Annex at the end of this document.
6.2 However, this right does not apply to Coaching Sessions because, when provided to Consumers, we regard these as services related to leisure activities and they are scheduled to take place on specific dates.
7. Changing these terms and conditions
THIS SECTION EXPLAINS HOW AND WHEN WE CAN CHANGE THESE TERMS AND WHAT YOU CAN DO IF YOU DISAGREE
7.1 We may change these terms and conditions by giving you at least 14 days’ notice unless a more urgent change is needed to comply with law/regulation or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email.
7.2 If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract on the day before the new terms take effect.
8. Your right to use our Service
THIS SECTION EXPLAINS CERTAIN RESTRICTIONS THAT MAY MEAN YOU AREN’T ALLOWED TO USE OUR SERVICE
8.1 We grant you a limited personal non-transferable right to use our online Service on any applicable device owned or controlled by you subject to these terms and conditions.
8.2 You must not use, or attempt to register on, our Service if you are below 18 years of age.
9. Coaching Sessions
THIS SECTION SETS OUT YOUR BEHAVIOUR AND OTHER OBLIGATIONS IF YOU BOOK A COACHING SESSION AND ALSO COVERS CANCELLATION/RESCHEDULING
Cancelling or changing Coaching Sessions
9.1 You can cancel a booking for a single Coaching Session at any time by emailing us. If so, there will be a full refund unless you cancel within 48 hours of the scheduled start time in which case you will be charged in full.
9.2 There is no refund of any fees paid for a Coaching Programme (unless you qualify for a money back guarantee as explained on our site).
9.3 You are only allowed to reschedule a Coaching Session if we agree.
9.4 We are entitled to rearrange any Coaching Session if there are exceptional circumstances, e.g., illness of the coach. If so, we will give you as much notice as possible and we will provide an appropriate refund if we are unable to offer or agree with you a rescheduled Coaching Session.
9.5 You agree to behave in a reasonable and civilised manner and not engage in any dangerous, disruptive, unlawful, abusive, aggressive, threatening, drunken, antisocial, racist, sexist, discriminatory or other inappropriate behaviour.
9.6 We reserve the right to immediately end any Coaching Session if in our discretion you have breached these terms and conditions. No refunds will be given in such case.
9.7 We agree to supply our Coaching Sessions with reasonable skill and care. We do not, however, guarantee that you will achieve any particular objective as a result of using the Services.
9.8 You are responsible for ensuring that you have appropriate connectivity and for complying with any other technical requirements needed to access the Coaching Session.
9.9 When you take a Coaching Programme, you agree to spend at least 10 minutes, at least four times a week, working on pre-agreed material. Otherwise, you should not take the Coaching Programme.
9.10 Any training or support outside Coaching Sessions is provided only in our discretion. We may require an additional fee in order to provide such services.
9.11 If you book for someone else to attend a Coaching Session, you agree to ensure that they comply with this section and with any other relevant clauses in this document. You are responsible if they don’t.
10. Behaviour when using our Service
THIS SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
10.1 You agree not to do any of the following in connection with our Service:
· break the law or infringe anyone else’s rights;
· send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
· victimise or harass other people;
· use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
· deceive or mislead anyone;
· send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally permitted to do so;
· make recordings or screenshots of audio/video interactions without the written consent of all other participants;
· impersonate anyone;
· use our Service to help you compete with us or to infringe our rights;
· disrupt our Service, e.g., spam, viruses or phishing;
· interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
· intercept or modify communications;
· impose an unreasonable load on our Service;
· get around any security features including those designed to stop copying of Content; or
· attempt, encourage or assist any of the above.
10.2 You agree to:
· comply with the guidance/requirements on our Service; and
· cooperate reasonably with us in relation to our Service.
10.3 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
11. Your Content
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING ANY CONTENT YOU PROVIDE TO US
11.1 You are responsible for your Content.
11.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
11.3 We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities.
12. Our guidance
THIS SECTION EXPLAINS THAT YOU RELY ON ANY GENERAL GUIDANCE AT YOUR OWN RISK
12.1 The Content that we supply in Online Courses is general guidance not tailored to your specific requirements. We do not accept legal responsibility for it. You rely on such information at your own risk.
13. Other peoples’ services / advertising / websites
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SITE
13.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
14. If you create an account on our Service
THIS SECTION TELLS YOU ABOUT OBLIGATIONS AND RESTRICTIONS THAT APPLY WHEN YOU SET UP AN ACCOUNT INCLUDING YOUR RESPONSIBILITY FOR OTHERS WHO USE YOUR ACCOUNT
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
15. Paying us
THIS SECTION EXPLAINS ABOUT PAYMENT
15.1 Payment is in advance. Prices and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise.
15.2 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
15.3 You must contact us immediately with full details if you dispute any payment.
15.4 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
15.5 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
16. Ending or suspending this contract
THIS SECTION EXPLAINS WHEN AND HOW YOU OR WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.
16.1 You are entitled to end this contract at any time by emailing us to the email address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights or are claiming under any money back guarantee.)
16.2 We are entitled to end this contract at any time or suspend part or all of our Service or impose restrictions on our Service if:
· you break this contract;
· any fees payable by you are unpaid or unjustifiably charged back;
· acting reasonably, we think that it is necessary to protect you, us or others;
· we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
· you or anyone on your behalf acts inappropriately towards us or our staff.
16.3 We are entitled at any time to end this contract if we terminate our Online Courses and/or Coaching Session Services as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
16.4 If this contract ends:
· Your right to use our Service and all licences are terminated.
· Existing rights and liabilities are unaffected.
· All clauses in this contract which are stated or intended to continue after termination will continue to apply.
17. If our Service doesn’t work properly
THIS SECTION EXPLAINS THAT WE DON’T PROMISE THAT OUR SERVICE WILL BE UNINTERRUPTED
17.1 We do not guarantee that the Service will be uninterrupted or error-free.
17.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
17.3 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
18. Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
18.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
18.2 If you are a Consumer, we shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
18.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
18.4 The following clauses apply only if you are not a Consumer:
· Our liability of any kind (including our own negligence) for any act or omission or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
· In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
· You will indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
· To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
· This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
19. Intellectual property rights (IP)
THIS SECTION EXPLAINS THAT WE REMAIN OWNERS OF COPYRIGHT IN OUR CONTENT AND HOW WE ALLOW YOU TO USE IT
19.1 The intellectual property rights in all material used on or in connection with our Service (including course materials) are owned by us or by our partners. You may view such material on your device for your personal, private and non-commercial / internal business use only. You must not otherwise use such material including copying, publishing (on the Internet or otherwise), selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
19.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
20. Your personal information
21. Things we can’t control
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
21.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
22. Transferring this contract to someone else
THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
22.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
23. English law and courts
THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE
23.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS
24.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
25.1 If you have any complaints, please contact us via the contact details shown below.
26. Information about us
26.1 Name: Dylan Ball
26.2 Trading name: “Vocal Coach Dylan”
26.3 Contact address: 63 Cleveland Road, Midanbury, Southampton, Hampshire, SO18 2AE
26.4 Contact email address: firstname.lastname@example.org
26.5 Other contact information: See our website (vocalcoachdylan.com) contact page
YOUR LEGAL RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)
The following applies if you have the legal right to cancel this contract (as explained above). This applies to Online Courses only.
Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day when we entered a legal contract with you as explained above – “How you enter a legal contract with us”.
3. To exercise the right to cancel, you must inform us (contact details above) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel the contract, we will reimburse to you all payments received from you.
6. The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
7. The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To NAMEADDRESS (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate