Welcome to The Musical Me! The following document is designed to help you by explaining in clear English, our guidelines and respective responsibilities. We don’t want anything to get in the way of an amazing experience!
The Musical Me provides music teachers, students, enthusiasts and the general public with educational products and services. By joining The Musical Me, and using any of our educational products, services or learning tools, you agree to all of the following Terms of Service (TOS) and any future updates we may make to them.
The Musical Me offers services in a single category:
Online Courses to purchase – The Musical Me offers each course as a single product, each payable at the time of purchase. We reserve the right to offer membership to select clients if we feel this is appropriate.
Respecting the Children’s Online Privacy Protection Act, we cannot allow children under the age of 13 to open an account with The Musical Me. Children between the ages of 13 and 18 must have a parent or guardian present when using The Musical Me.
GUARANTEE AND REFUNDS
As the courses are available instantly when purchased, we cannot give refunds for any purchases as the product will have already been handed over. The only exception to this refund policy is purchases made from REED.co.uk.***
*** Under this policy, purchases made through REED.co.uk are subject to a 14-day refund policy. You may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.
FEES, CHARGES AND BILLING
The Musical Me offer discounted memberships, options to purchase individual educational products and services. By submitting your credit card, debit card, or PayPal information, and associating that information with your The Musical Me account, you authorise The Musical Me to process your purchase accordingly.
THE MUSICAL ME USERNAME AND PASSWORD
You agree to be the sole user of the username and password you created when joining The Musical Me, and to reasonably protect that username and password, and to notify The Musical Me if you believe it has been breached or otherwise compromised.
We provide support free of charge by emailing us at email@example.com. Our customer support team will usually respond to queries and issues within 24 hours.
If your query or issue is of a technical nature, we may need to refer you to our Technical Support Team. On average, our Technical Support Team will reply within 2 working days.
From time-to-time, our wait times may be longer than usual. If you’re already an Academy Member, you may be able to find answers to your questions in the Campus as well. Many areas of The Musical Me also have FAQ (Frequently Asked Questions) which may help to resolve common issues and queries.
Please note that The Musical Me is a web-delivered service and in order to access it effectively, you will need to possess a suitable device with a modern browser installed and a fast Internet connection.
INTELLECTUAL PROPERTY RIGHTS
The staff at The Musical Me, and all of the artists and educators that we are privileged to collaborate with, work very hard to author and produce the content that comprises the educational products and services available on The Musical Me. All of our educational products, services and learning tools are protected by the United Kingdom and International copyrights, patents, and/or third-party licenses. You agree that you will not share, publish, copy, distribute, resell, or otherwise exploit our logos, branding, educational products and services, learning tools, and self-publishing tools or any other form of our intellectual property, for any personal, promotional and/or commercial use, without our express written permission.
USER GENERATED CONTENT
Various sections on The Musical Me website, and various products and services, allow for user-generated content such as comments, videos, lesson material, audio files, and other related user-generated content. By posting and/or uploading content to The Musical Me, you warrant and represent that you own the rights to the content or are otherwise authorised to post and/or upload such content. Furthermore, you agree to not post and/or upload any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information.
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. The Musical Me reserves the right to update, revise, or otherwise alter the terms and conditions set forth in this agreement, at any time, with notice provided in your The Musical Me account. Your continued use of The Musical Me and its products and services following the posting of a change notice or new agreement will constitute your binding acceptance of the changes.
You agree to indemnify, defend, and hold harmless The Musical Me, its educators, affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the The Musical Me website or its products, services, and learning tools, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity.
GOVERNING LAW AND DISPUTE RESOLUTION
If a dispute arises between you and The Musical Me, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Our Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Terms of Service shall be governed and construed in all respects by the laws of England and Wales. You and The Musical Me both agree to submit to the non-exclusive jurisdiction of the English courts. In simple terms, ‘non-exclusive jurisdiction of the English courts’ means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
The Musical Me reserves the right to terminate your account, subscription, and/or access at any time, and for any reason at our sole discretion.
To the maximum extent permitted by applicable law, The Musical Me is not responsible for and makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) The Musical Me educational products and services, learning tools, and self-publishing tools; (b) the The Musical Me content on or provided through The Musical Me educational products and services; (c) the content or user content (including the accuracy and reliability thereof); (d) any third party content; (e) the linked services; (f) the functions made accessible on or through the The Musical Me educational products, services and learning tools; (g) any products, services or instructions offered or referenced in the The Musical Me website, educational products, services and learning tools; and/or (h) security associated with the transmission of information transmitted to or from The Musical Me or others via the The Musical Me website, educational products and services, learning tools, and self-publishing tools.
In addition and to the maximum extent permitted by applicable law, The Musical Me is not responsible for any damage, injury or loss caused by users of The Musical Me website, educational products and services, learning tools, and self-publishing tools; or by any of the equipment or programming associated with or utilised in The Musical Me website, educational products and services, learning tools, and self-publishing tools services; or linked services.
The Musical Me assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication.
The Musical Me is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of The Musical Me website, educational products and services, learning tools, and self-publishing tools services; services or linked services or combination thereof, including, without limitation, any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with The Musical Me website, educational products and services, learning tools, and self-publishing tools services; or linked services.
Under no circumstances shall The Musical Me be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of The Musical Me educational products and services, learning tools, and self-publishing tools, or linked services, attendance at a The Musical Me event, from any user content posted on or through The Musical Me website or linked services, or from the conduct of any users of The Musical Me, whether online or offline.
The Musical Me educational products, services and learning tools, and linked services are provided “as-is” and “as available” and “with all faults” basis and The Musical Me expressly disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Musical Me cannot guarantee and does not promise any specific results from use of The Musical Me educational products and services, learning tools, and self-publishing tools, or linked services.
LIMITATION OF LIABILITY
In no event shall The Musical Me be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from: (a) your use or inability to use the The Musical Me educational products and services, learning tools, and self-publishing tools, or linked services, or the performance of the The Musical Me educational products and services, learning tools, and self-publishing tools, or linked services, (b) any action taken in connection with an investigation by The Musical Me or law enforcement authorities regarding your access to or use of the The Musical Me services, (c) any action taken in connection with copyright or other intellectual property owners or other rights owners, (d) any errors or omissions in the The Musical Me services’ technical operation, or (e) any damage to a user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. notwithstanding anything to the contrary contained herein, The Musical Me’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Musical Me for The Musical Me services during the term of membership. the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if The Musical Me was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of The Musical Me educational products and services, learning tools, and self-publishing tools.
Welcome to The Musical Me! The following document is designed to help you by explaining in clear English our responsibilities in relation to privacy.
By providing us with your data, you warrant to us that you are over 13 years of age. The Musical Me Limited trading as The Musical Me Academy is the Data Controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Full name of legal entity: The Musical Me LTD. Email address: firstname.lastname@example.org Postal address: 193 Old Hall Road, Chesterfield, S40 1HG
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at: email@example.com.
WHAT DATA DO WE COLLECT ABOUT YOU AND WHY?
Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process the following categories of personal data about you:
• Communication Data that includes any communication that you send to us whether that be through the contact form on our website, live chat on the website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record-keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
• Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
• User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain backups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business. • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to inform our marketing decisions.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which are to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business). • Sensitive Data We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
We do not collect any information about criminal convictions and offences.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at firstname.lastname@example.org. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent. However please note we do not and never have shared our email list with third parties.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links at the bottom of any marketing message sent to you OR by emailing us at email@example.com.
If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
• Professional advisers including lawyers, bankers, auditors and insurers
• Service providers who provide IT and system administration services
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
• We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
• Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
• If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
If you wish to exercise any of the rights set out above, please email us at firstname.lastname@example.org.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you at email@example.com.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
COOKIES AND SIMILAR TECHNOLOGIES
This page is designed to help you understand more about these technologies and our use of them on our sites and in our products, services and tools. Below is a summary of a few key things you should know about our use of such technologies. You can review the contents of our full User Cookie Notice below.
Where possible, security measures are set in place to prevent unauthorised access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorised service providers have access to cookie data.
Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorised service providers to help us to serve you relevant information or advertisements on our services and other places on the Internet. These service providers may also place cookies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address or other unique or device identifiers.
WHAT ARE COOKIES, WEB BEACONS, AND OTHER TECHNOLOGIES?
Like most sites, we use technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools.
The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. In order to help you better understand this Policy and our use of such technologies we have provided the following limited terminology and definitions:
Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognise a particular device or browser. There are several types of cookies:
Session cookies – Expire at the end of your browser session and allow us to link your actions during that particular browser session
Persistent cookies – Are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple sites
First-party cookies – Are set by the site you are visiting
Third-party cookies – Are set by a third party site separate from the site you are visiting
Web beacons – Small graphic images (also known as “pixel tags” or “clear GIFs”) that may be included on our sites, services, applications, messaging, and tools, that typically work in conjunction with cookies to identify our users and user behavior.
Similar technologies – Technologies that store information in your browser or device utilising local shared objects or local storage, such as flash cookies, HTML5 cookies, and other web application software methods. These technologies can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our sites.
Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options.
We may use the terms “cookies” or “similar technologies” interchangeably in our policies to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above.
We offer certain site features, services, applications, and tools that are available only through the use of these technologies. You are always free to block, delete, or disable these technologies if your browser, installed application, or device so permits. However, if you decline cookies or other similar technologies, you may not be able to take advantage of certain site features, services, applications, or tools. You may also be required to re-enter your password more frequently during your browsing session. For more information on how you can block, delete, or disable these technologies, please review your browser or device settings.
Generally, these technologies allow our sites, services, applications, and tools to store relevant information in your browser or device and later read that information in order to identify you to our servers or internal systems. Where applicable, we protect our cookies and other similar technologies to help ensure that only we and/or our authorised service providers can interpret them by assigning them a unique identifier that is designed for interpretation only by us. We do not store any of your personal information on any of our cookies or other similar technologies.
Any personal information that we collect and store through use of these technologies is first obtained through notice and consent: We obtain your consent by providing you with transparent notice of use of the technologies and providing you with the opportunity to make a choice to disable these technologies as set forth above.
OUR USES OF SUCH TECHNOLOGIES FALL INTO THE FOLLOWING CATEGORIES
Advertising or Targeting Related – We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that have been delivered to you, such as whether you have clicked on an advertisement.
Depending on which of our websites you visit, we may offer you the ability to opt-out of our use of first-party advertising-related cookies. Opting out of our first-party advertising-related cookies, or out of third-party advertising-related cookies and web beacons as described below, does not necessarily mean that you will not see our advertising – only that this advertising will not be targeted to you through the use of first-party or third-party cookies, web beacons or related technologies.
If you would like to opt-out of all other types of technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
USE OF THESE TECHNOLOGIES BY AUTHORISED THIRD-PARTY SERVICE PROVIDERS
We may work with third-party companies, commonly known as service providers, who are authorised to place third-party cookies, web beacons, or similar technologies for storing information on our sites or in our services, applications, and tools with our permission. These service providers help us to provide you with a better, faster, and safer experience.
With the exception of the use of such technologies by our service providers or other authorised third-parties, we do not permit any third-party content on sites (such as item listings, member-to-member communications, classified listings, comments, reviews, etc.) to include or utilise any cookies, web beacons, local storage, or similar technologies for tracking purposes or to collect your personal information. If you believe a listing or other third-party content might be collecting personal information or using tracking technologies on one of our sites, please report it to firstname.lastname@example.org.
AD NETWORKS AND EXCHANGES OPERATED BY AUTHORISED THIRD PARTIES