Terms of Service

TERMS AND CONDITIONS

 

Welcome to Derby Music Academy!

Derby Music Academy is owned and operated by WindSong Arts.

These are the terms and conditions for:

https://derbymusicacademy.co.uk

By registering as a user and using the website and services, you agree to be bound by these terms and conditions and our Privacy Policy. In these terms, “we”, “us”, “our” and Derby Music Academy refer to Derby Music Academy and “you” and “your” refer to you, the Derby Music Academy user.

The following terms and conditions apply to the website and services offered by Derby Music Academy. This includes the mobile and tablet versions as well as any other version of Derby Music Academy accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “DERBY MUSIC ACADEMY” WEBSITE.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Derby Music Academy. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Derby Music Academy. You agree to be bound by any modification to this terms and conditions when you use Derby Music Academy after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Derby Music Academy may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

The website may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By registering and using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. ACCOUNT

If you register on Derby Music Academy, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Derby Music Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Derby Music Academy. Derby Music Academy will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Derby Music Academy with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.

The users may terminate their accounts any time, for any reason, by following the instructions on Derby Music Academy. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Derby Music Academy.

Derby Music Academy reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Derby Music Academy believes that you have breached any of these terms, furnished Derby Music Academy with false or misleading information, or interfered with use of the website or the service by others.

3. SERVICES AND PACKAGES

Derby Music Academy offers individual face-to-face or virtual classes and lesson packages. The user has the ability to access a free 30-minute class for the purpose of testing the services and classes before scheduling a class or scheduling and purchasing a class package.

Derby Music Academy offers the following packages and services:

1 Lesson:

£17.50 Per Lesson

• Standard Price
• 30 Minute duration
• Online or on location
• Choose your Expert
• Cancel/Reschedule 48hrs in advance

10 Lessons:

£16.63 Per Lesson

• Save 5%
• That’s a saving of £8.75
• 30 Minute duration
• Online or on location
• Choose your Expert
• Cancel/Reschedule 48hrs in advance

20 Lessons:

£16.28 Per Lesson

• Save 7%
• That’s a saving of £24.50
• 30-minute duration
• Online or on location
• Choose your Expert
• Cancel/Reschedule 48hrs in advance

Pre-paid booking slots of 30 minutes per slot can be bought singularly or in bulk using the appointment calendar available on the website.

When booking the classes, please select the tutor and confirm the availability and schedule of the classes according to your needs.

When a user books a class or places an order for a class package, the user accepts and declares to purchase the class or class package for the price advertised on the website. Please check the price and features of the classes and class packages before booking.

When a user books a class or orders a class package, Derby Music Academy will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of payment and scheduled classes. If you do not receive the email, it is possible that the email has been sent to your spam folder.

Derby Music Academy may cancel any class and may change or discontinue the availability of classes and class packages at any time at its sole discretion. If a class or class package is cancelled, any payments made will be refunded in full. This does not affect your legal rights.

4. PAYMENTS

Transactions, payments and services within the platform will be made through “Stripe” credit/debit card and “PayPal” (payment platforms available on the website). When a user makes a transaction, Derby Music Academy will send an email to confirm the transaction. This confirmation email will be produced automatically so that the user has confirmation of the transaction and purchase of the service.

The payment will be charged to the credit/debit card or “PayPal” account immediately after the corresponding payment is made. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.

Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of the services and conducting the transactions within the platform. Derby Music Academy reserves the right to contract any payment platform available in the market, which treats your data for the sole purpose of processing the purchase of services and transactions within the platform.

5. PRICING

The current booking rate is £35 p/hr.

Promotional multi-buy discounts are available when the user books 5 or 10 hours in a single transaction where the savings of £5% or £7% respectively will be automatically applied at the ‘checkout’.

Derby Music Academy reserves the right to determine the price of lessons and services offered on the website. Lesson pricing and discount structures are subject to change. Derby Music Academy reserves the right to change the pricing of lesson bookings whether made online or otherwise.

Derby Music Academy will make reasonable efforts to keep the pricing information published on the website and in these terms up to date. We encourage you to check and verify our website and these terms periodically for updated pricing information.

Derby Music Academy will always try to ensure that the prices of lessons and lesson packages posted on the website are accurate. However, from time to time some pricing errors may occur, including but not limited to human, mechanical or similar errors. If an error in pricing is discovered, the user will be informed of that error by any means available and corrections and refunds will be made to correct the error.

6. CANCELLATIONS

Any pre-booked appointments cancelled by you with less than 48 hours’ notice prior to the scheduled time will be charged at the full lesson rate. We cannot offer credits or refunds for lessons missed. Lessons can be rearranged prior to the 48 hours’ notice period by emailing bookings@derbymusicacademy.co.uk or calling 07947 910 002.

It is your responsibility to rearrange any pre-paid bookings using the appropriate procedure within three months of your original payment. You acknowledge that you will not be entitled to a refund of any lesson fees not rearranged by you within six months of the original payment. You acknowledge that the more notice given for a planned absence, the more flexibility we can offer in terms of available booking slots.

Bookings cancelled by Dana de Waal or Anne de Waal will either be made up at a convenient time for both parties, or the fee(s) refunded.

If, at any time you determine that you do not wish to attend any of the pre-paid bookings, you are entitled to a full refund of lesson fees equal to the value of any pre-paid bookings not taken as long as you serve notice of your intent to derbymusicacademy@danadewaal.co.uk or 07947 910 002, 48 hours or more prior to the scheduled start time of the initial booking.

7. DISCLAIMER

By accessing the website and booking classes, you accept personal responsibility for the results and use of the information provided on the website and through the classes. You agree that Derby Music Academy has not guaranteed the results of any action taken, whether or not advised by the website, the content available on the website and the booked classes. Derby Music Academy provides resources and content for informational and educational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond the control of Derby Music Academy.

8. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

9. LICENSE TO USE THE PLATFORM

Derby Music Academy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Derby Music Academy as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Derby Music Academy, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Derby Music Academy website or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content  (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this website or the recipients.

Derby Music Academy reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Derby Music Academy believes that you have violated any of these terms or interfered with the use of the website or service by others.

 

10. COPYRIGHT

All materials on Derby Music Academy, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Derby Music Academy or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Derby Music Academy are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Derby Music Academy prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Derby Music Academy or any part of the material for any purpose other than its intended purposes is strictly prohibited.

11. COPYRIGHT COMPLAINTS

Derby Music Academy respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Derby Music Academy website infringe upon your copyright or other intellectual property rights, please send the following information to:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

• A statement specifically identifying the location of the infringing material, with enough detail that Derby Music Academy may find it on the Derby Music Academy website.  Please note: it is not sufficient to merely provide a top-level URL.

• Your name, address, telephone number and e-mail address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as professional advice. Any use of the material provided on this website is at your own risk.

13. PERSONAL DATA

Any personal information you post or submit in connection with the services and use of the website will be used in accordance with our Privacy Policy. By using the services, you agree that we may collect and store your personal information. By providing information through the website, you also agree that we may send you messages or communicate with you unless you notify us not to do so. Please see our Privacy Policy.

14. THIRD PARTIES

Any dealings with third parties included within or on Derby Music Academy involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Derby Music Academy is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Derby Music Academy does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Derby Music Academy or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Derby Music Academy is provided to you for informational purposes only. Derby Music Academy encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Derby Music Academy works to ensure the information on Derby Music Academy is current and accurate.

15. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Derby Music Academy or licensed to the Derby Music Academy by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, The following activities are prohibited:

1. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Derby Music Academy.

1. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

1. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

1. Deep-link to any portion of the services for any purpose without our express written permission.

1. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Derby Music Academy in connection with the services.

• Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.

16. DISCLAIMER OF WARRANTIES

Derby Music Academy will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet Derby Music Academy provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Derby Music Academy for any loss or damage caused as a result.

Derby Music Academy will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Derby Music Academy excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Derby Music Academy and Derby Music Academy shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on Derby Music Academy.
• Any interruptions to or delays in updating Derby Music Academy.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor any product or service purchased through the 
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Derby Music Academy.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

17. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Derby Music Academy for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

18. INDEMNIFICATION

You agree to defend and indemnify Derby Music Academy from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the Derby Music Academy platform.

19. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

20. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Derby Music Academy without restriction.

21. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Derby Music Academy, shall constitute the entire agreement between you and Derby Music Academy concerning and governs your use of the website and the services.

22. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Derby Music Academy website, will be settled by binding arbitration between you and Derby Music Academy, except that each party retains the right to bring an individual action in a court of competent jurisdiction.

23. FINAL PROVISIONS

These Terms are governed by the UK laws. Use of Derby Music Academy website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

24. CONTACT INFORMATION

If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:

Derby Music Academy.

Address: 33 Hexham Walk Breadsall Hilltop, Derby DE21 4FQ

Phone: 07947910002

Emial: admin@derbymusicacademy.co.uk