TERMS & CONDITIONS
Version number: 1.1
Effective date: 04 May 2022
1.
Who are we?
1.1
We are The Curious Piano Teachers Ltd. Our company information is 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
- “Content” - all information of whatever kind displayed, stored or sent on or via our Service including our Materials.
- “our Material” – the material we make available to subscribers including videos and downloadable materials.
- “Service” – the service we offer by means of our website and any related services.
- “User” - people or organisations using our Service (whether or not registered with us).
4.
How you enter a legal contract with us
THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1
By registering on our Service, you enter a legal contract with us to use our Service. 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.
5.
Changing these terms and conditions
THIS SECTION EXPLAINS HOW AND WHEN WE CAN CHANGE THESE TERMS AND WHAT YOU CAN DO IF YOU DISAGREE
5.1
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.
5.2
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. Otherwise, the new terms will apply.
6.
Your right to use our Service
THIS SECTION SETS OUT THE EXTENT TO WHICH YOU ARE ALLOWED TO USE OUR SERVICE
6.1
We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to
these terms and conditions.
6.2
Our Service is geared towards businesses/professionals. You must not use our Service if you are a consumer, i.e., an individual acting for
purposes which are wholly or mainly outside your trade, business, craft or profession.
7.
Behaviour when using our Service
THIS SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
7.1
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.
7.2
You agree to:
- comply with the guidance/requirements on our Service; and
- cooperate reasonably with us in relation to our Service.
7.3
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.
8.
Your Content (e.g., your bio and your forum posts)
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO
REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
8.1
You are responsible for your Content.
8.2
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.
8.3
If you use any features on our Service which enable you to share your Content with other sites,
we are not responsible for use of your Content on those sites.
8.4
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, or if we consider that Content does not meet our quality standards.
8.5
We are not legally responsible if your Content is misused by others.
You must take reasonable care when deciding which Content to display on or send via our Service.
8.6
We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
8.7
It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged.
We are not responsible for such loss or damage.
9.
Dealing with other Users
THIS SECTION INCLUDES IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
9.1
We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible
for the accuracy of, or otherwise in relation to, any such Content or for any dealings between Users. Where appropriate,
you are responsible for investigating other Users before dealing with them. Don’t assume that any Content from another User is
accurate and be aware that people may not be who they claim to be.
9.2
If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any other concerns for your
safety, you agree to immediately (1) stop communicating with the other person and (2) tell us. Please also use any available
blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).
10.
Other peoples’ services / advertising / websites
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
10.1
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.
11.
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
11.1
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).
12.
Paying us
THIS SECTION EXPLAINS ABOUT PAYMENT INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
12.1
Payment is in advance on subscription. Prices, subscription periods and payment methods are as explained on our Service.
The prices shown include any applicable VAT or other sales tax unless we say otherwise.
12.2
You are legally committed to make your subscription payment once we confirm your order.
12.3
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.
12.4
Your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription before the
renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our
payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are
due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
12.5
We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect.
If you do not agree with the new price, you should end your subscription by following the instructions on our Service. Otherwise, the
next renewal of your subscription after the one month’s notice will be at the new price.
12.6
You must contact us immediately with full details if you dispute any payment.
12.7
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.
12.8
If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us,
we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or
(3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the
debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
12.9
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.
13.
Support
THIS SECTION EXPLAINS IF WE OFFER SUPPORT AND, IF SO, ANY RESTRICTIONS THAT APPLY
13.1
The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support
service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
13.2
Unless we say otherwise, support is only available between 9am and 5pm (excluding non-business days in England) and we do not
guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.
13.3
In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
14.
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
14.1
You are entitled to end this contract at any time with effect from the end of your current subscription period by cancelling your
subscription or, if you want to end the contract sooner, by emailing us to the address shown below.
14.2
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.
14.3
We are entitled at any time to end this contract without giving reasons. If so, we will refund in full any fees already paid which
relate to the period after the contract ends.
14.4
We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is
necessary to do so for security, technical or operational reasons.
14.5
If this contract ends:
- Your right to use our Service and all licences are terminated.
- We are allowed to delete your Content without telling you.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
15.
If our Service doesn’t work properly
THIS SECTION EXPLAINS THAT WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
15.1
We do not warrant that the Service will be uninterrupted or error-free or that any Content generated, stored, transmitted or
used via or in connection with the Service will be complete, accurate, secure, up to date, received or delivered correctly or at all.
15.2
We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical
reason. For any planned maintenance we will try to provide reasonable notice.
15.3
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.
16.
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
16.1
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.
16.2
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.
16.3
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.
16.4
We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.
16.5
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).
16.6
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.
16.7
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.
17.
Intellectual property rights (IP)
THIS SECTION EXPLAINS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND HOW WE ALLOW EACH OTHER TO USE THE CONTENT
17.1
You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and forever, to use and adapt all or
part of such material however we wish on our Service as well as on other channels including social media, including to enhance, redistribute and/or
promote our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content
in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the
intellectual property rights in your Content.
17.2
We and/or our suppliers own the IP in all Content (excluding your Content and that of other Users) used on or in connection with our Service. You may view such
Content on your device, and print it, for your personal business use only. You may also share our Material in the “Resources” section of our site (only) with
parents/students provided you take reasonable steps to ensure that the parents/students won’t themselves distribute our Material to other people. 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.
17.3
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.
18.
Your personal information
THIS SECTION DIRECTS YOU TO OUR PRIVACY POLICY
18.1
You agree that we can deal with your personal information in accordance with our
Privacy Policy, which may change from time to time.
19.
Things we can’t control
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
19.1
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.
20.
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
20.1
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.
21.
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
21.1
This contract is governed by the law, and subject to the exclusive jurisdiction of the courts, of England and Wales.
22.
General
THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS
22.1
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.
23.
Complaints
23.1
If you have any complaints, please contact us via the contact details shown below.
24.
Information about us
24.1
Company name: The Curious Piano Teachers Ltd
24.2
Trading name: “The Curious Piano Teachers”
24.3
Country of incorporation: Northern Ireland
24.4
Registered number: NI652805
24.5
Registered office and contact address: Forsyth House, Cromac Square, Belfast, Antrim, Northern Ireland, BT2 8LA
24.6
Contact email address: info@curiouspiano.org
24.7
Other contact information: See our website/contact page
© Copyright The Curious Piano Teachers 2015 - 2024. All rights reserved.