Terms & Conditions - Soundflow Music Academy

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1 This document was adheres to the legal standard that is expected in the United Kingdom and was created using SEQ Legal (http://www.seqlegal.com).

3. Lessons and Bookings

3.1 Contacting us:

(a) For everything regarding bookings and cancellations, please contact us by email at the main Soundflow Music Academy email, rather than your tutor’s personal email address or Facebook.

3.2 Booking lessons:

(a) Lessons must be paid for in full ahead of time.

(b) When you book a lesson, you will receive a confirmation email with the details of the booked lesson and you will be asked to pay.

(c) The time slot you have booked will not be secured until you have paid for the lesson, as we operate on a first-come first-serve basis.

3.3 Refunds and Cancellations:

Notes: The term “trial lesson” is differentiated from the term “normal lesson” below. They are different offerings.

(a) Trial lessons are not entitled to refunds unless the tutor doesn’t show up. We make no guarantees about covering particular topics in a sufficiently thorough way like we do with other offerings.

(b) After booking a normal lesson (not part of a package), you have seven days in which to cancel it for a full refund, provided the lesson is not due to start in the next 48 hours.

(b) After booking a normal lesson, block of normal lessons, course or package (including anything with monthly payment options) with us, you have 7 days in which you can cancel it for a full refund, provided the tuition is not due to start in the next 14 days. Once you attend your first lesson, regardless of the time it has been since the day of purchase, no refund can be provided. This is due to the addition work required to schedule your lessons, prepare your course plan, block the time off for your lessons (preventing other people from booking in), and finally pay the tutor to teach.

(c) Unless you’re entitled to a refund as mentioned above, packages with monthly payments are not cancellable. They’re a contract to pay as an alternative to paying for the entire package in full upfront.

3.4 Failing to attend a lesson:

(a) No refund will be given if you fail to attend a lesson for any reason.

3.5 Arriving late to a lesson:

(a) If you are late to a lesson for any reason, you will lose the time you were late for and will not be due a refund.

(b) Lesson time will not be extended due to arriving late. The lesson will terminate at the time it would have, if you had arrived on time.

3.6 Rescheduling:

(a) We will reschedule a lesson per your request, at no extra charge provided we are given at least 72 hours notice before the lesson is due to start.

(b) Requests for reschedules within 72 hours of when a lesson is due to start will be declined and you won’t receive a refund.

(c) Requests for reschedules must be made via writing to the published Soundflow Music Academy email. Not via Facebook or individual tutors.

3.7 Available lesson slots and tutors:

(a) Lessons are booked on a first-come first-serve basis.

(b) Tutors are assigned as available, so there is no guarantee of being taught by the same tutor each time.

3.7 Refusing students and abusive behaviour:

(a) We have a no tolerance policy towards any abuse towards our staff.

(b) We reserve the right to refuse students and terminate lessons based on abusive behaviour by the student.

(d) For lessons terminated based on abusive behaviour, no refund will be due.

3.8 Rescheduling and cancelations caused by Soundflow Music Ltd

(a) We retain the right to reschedule a lesson for any reason (including but not limited to): staff being unwell, equipment needing repair, being late due to traffic conditions.

(b) If you have made a booking for a single lesson with a duration of 1 to 2 hours, and we (Soundflow Music Ltd) request to reschedule it, you have the right to decline the rescheduled date and receive a full refund for your lesson.

(c) If you have made a booking for a lesson package or course with a duration of 4 lessons or more, and we have to cancel lessons up to three times throughout the duration of your course due to any circumstances listed in section 3.8(a), you are not entitled to any refund.

(d) If you have made a booking for a lesson package or course with a duration of 4 lessons or more, and we have to cancel lessons four or more consecutive times, you are entitled to a refund equal to the amount of lessons remaining on your lesson package or course. For example, if you have enrolled into a course worth twelve lessons, and have completed 8 out of the 12 lessons, you will be entitled to a refund equal to the worth of the four lessons which you will not have completed.

3.9 Booking Expiry:

(a) If you do not have your first lesson of the course within 3 months of booking and paying, the course will expire and you will not receive a refund.

(b) For courses with a duration of 4 lessons (1 month duration) – You can schedule your lessons for any available time slot within 3 months of paying for your course. If you have not completed your course within this time frame, you will lose your remaining lessons, unless otherwise agreed upon at the time of booking.

(c) For courses with a duration of 12 lessons (3 months duration) – You can schedule your lessons for any available time slot within 6 months of paying for your course. If you have not completed your course within this time frame, you will lose your remaining lessons, unless otherwise agreed upon at the time of booking.

(d) For courses with a duration of 24 lessons (6 months courses) – You can schedule your lessons for any available time slot within 12 months of paying for your course. If you have not completed your course within this time frame, you will lose your remaining lessons, unless otherwise agreed upon at the time of booking.

4.0 Entering The Premises

(a) We only allow people in our premises subject to booking an appointment or scheduling a lesson.

(b) It may be seen as trespassing if you attempt to visit our premises without notifying and getting permission from us or scheduling an appointment beforehand.

4. Copyright notice

4.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

5. Licence to use website

5.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

5.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

5.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

5.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

5.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

5.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

5.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

6. Acceptable use

6.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

6.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

7. Registration and accounts

7.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.7.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7.3 You must not allow any other person to use your account to access the website.

7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

7.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

8. User login details

8.1 If you register for an account with our website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation.

9.2 You may cancel your account on our website at any time by contacting us and letting us know you want to terminate your account. We will then terminate your account within a few days.

10. Your content: licence

10.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. Your content: rules

11.1 You warrant and represent that your content will comply with these terms and conditions.

11.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

12. Limited warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13. Limitations and exclusions of liability

13.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

13.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14. Breaches of these terms and conditions

14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

15. Variation

15.1 We may revise these terms and conditions from time to time.

15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

16. Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

20. Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with English law.

20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

21. Our details

21.1 This website is owned and operated by Soundflow Music LTD.

21.2 We are registered in England and Wales under registration number 10445925, and our registered office is at 4 Deacon Place, Milton Keynes, MK10 9FR, Buckinghamshire, United Kingdom.

21.3 Our principal place of business is at 4 Deacon Place, Milton Keynes, MK10 9FR, Buckinghamshire, United Kingdom.

21.4 You can contact us:

(a) using our website contact form;

(b) by telephone, on the contact number published on our website; or