TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE
About these Terms
Please read these terms and conditions carefully before you start to use londonguitaracademy.com (our site). They apply to your use of our site and orders or bookings placed though our site. We recommend that you print a copy of these terms and conditions but always check our site for our latest terms.
londonguitaracademy.com is operated by or on behalf of James Stratton trading as London Guitar Academy (we or us).
By accessing our site, you confirm that you accept these terms and conditions and you agree to be bound by them. These terms and conditions affect your legal rights and obligations.
If you do not agree to these terms and conditions, do not access or use our site.
Other applicable terms
Not all of our terms are in these general terms and conditions. These terms and conditions refer to the following additional terms, which also apply to your use of our site:
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with our Acceptable Use Policy.
From time to time, where we offer a special feature or product, it may have its own terms and conditions in the product description in addition to these terms and conditions.
Changes to these terms
We may revise these terms and conditions at any time by amending this page. You must check this page from time to time to take notice of any changes we make, as they are legally binding on you. You agree that we may notify you of updated versions of these terms by posting them in updates to the site. You agree that your use of the site after the effective date of the updated terms constitutes your acceptance of the updated terms for use of the site and orders placed after that effective date.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
You warrant that:
- The personal information that you are required to provide when you register as a customer is true, accurate and current and complete in all respects;
- You will notify us immediately of any changes to the personal information provided by informing us through the contact section of our site.
Our site is made available free of charge to individuals and non-commercial users.
You must comply with our Acceptable Use Policy.
You must not create accounts with us other than in your own personal right, including (but not limited to) means such as automated devices, crawler, scraper, spider, bot or script. We do not allow automated activities save for standard search engine protocols in relation to the site, and then only with our express written consent.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access our site through your internet connection or devices are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them. You will not sell, transfer, licence or assign your account, followers, user name or any other account rights.
You are responsible for all data charges you incur through use of the site.
You must not change or modify, adapt or alter our site. You must not change or modify, adapt or alter any other website so as to falsely imply that it is part of or associated with londonguitaracademy.com, London Guitar Academy or James Stratton.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of our site, or the use by any other person accessing our site using your account and/or your personal information.
account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact section of our site.
You must not use domain names or web URLs in your username without prior written consent from us. We reserve the right to force you to give up a username at any time for any reason.
You can deactivate your account with us by notifying us that you wish to do so through the contact section of our website. If you do so, or if we terminate your account, your profile will no longer contain any information to identify you.
We reserve the right to refuse access to the site to anyone or to terminate any account for any reason at any time.
From time to time we may offer musical instruments, music books, music related goods or other items for sale in addition to lessons music lessons and gift certificates. Lessons may be individual lessons in units of 30 minutes, 45 minutes or 60 minutes.
We will take reasonable care to ensure that all details, descriptions and prices of products appearing on our site are correct at the time when the relevant information was entered onto the system. Although we aim to keep our site as up-to-date as possible, the information including product descriptions appearing on our site at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of the product until your order is accepted in accordance with our terms and conditions.
The steps required to create the contract between you and us for any order are as follows:
- You place the order on our site by pressing the “confirm the order” button at the end of the checkout process. You will be guided through the process of placing an order by our site.
- We will send you an order confirmation email detailing the gift certificate, books or goods you have ordered. This email is not an order acceptance.
- Order acceptance and the completion of the contract between you and us will take place when we send you the goods ordered (including gift certificates or codes) or email or telephone to confirm your lessons – unless we have notified you that we do not accept your order or you have cancelled it prior to despatch.
- You may be charged at any point between confirmation of your order and dispatch of goods or, in the case of lessons, before the lesson.
Non-acceptance of an order may be a result of the products being unavailable, us being unable to obtain authorisation for your payment, the identification of a pricing error or error in the product description or because we have identified a breach of these terms and conditions (for example, we find out that your personal information has been entered incorrectly).
Lessons and Experience Days
Unless otherwise stated, our gift certificates are available for purchase anywhere and our books and lessons are available for purchase anywhere within the United Kingdom, the Isle of Man and the Channel Islands, but unless expressly stated otherwise, lessons take place in London.
Please make sure that you (or, where applicable, the recipient of any gift certificate) are able to attend lessons in London.
All bookings must be paid for prior to or at the time of booking unless expressly agreed by email or over the phone. If you cancel your booking within less than 24 hours before the time of your lesson or experience day or fail to turn up, the cost of the booking is non-refundable and cannot be rescheduled. If you cancel a lesson that is part of a course within 24 hours of the time booked for the lesson or fail to turn up, the cancelled or missed lesson will be treated as part of the course as though you had turned up.
If you arrive late for a lesson we have discretion to refuse you access depending on the activity booked. All lessons include an element of a set up time or set down time.
If you have to cancel a booking, contact us as soon as you can to re-arrange by using any of the ways to contact us set out in the contact page of this website. Make sure you get an acknowledgement for any cancellation where you haven’t spoken to James.
Lessons, books and gift vouchers bought through this website cannot be refunded or exchanged for cash or other denominated vouchers. Bookings are not transferrable. This does not affect the cooling off period under the Consumer Contract Regulations 2013 referred to below.
Gift certificates cannot be sold to any third parties without our consent. If we do give you our consent then such consent may be subject to any conditions which we impose. In any event, you may not sell the gift certificates without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to consent to any sale of lessons or gift certificates by you to a third party.
We are unable to deliver orders for goods at a specific time. In any circumstances where we indicate that we would try to deliver at any specific time, this will in no way form part of the contract between us. Failure to deliver at such time will not constitute breach of these terms and conditions.
Unless you provide us with express instructions to the contrary we may assume that any person at the delivery address is entitled to accept delivery on your behalf.
If you feel that delivery of your order will require special instructions for access or details of where to leave the delivery please notify us at the time that you place your order.
If we are unable to deliver your order we will attempt to contact you. We will only attempt to contact you or to make other arrangements when you have expressly given us permission to contact you.
From the time of delivery any product is at your risk. Provided we have received payment in full in respect of every product in a delivery, ownership of the products passes to you upon delivery.
Any additional delivery charges will be clearly indicated as part of the total cost of an order during the order process.
If we are unable to deliver a product to your address, you may not be able to complete your order. If we become aware of an error in the order process whereby an order has been accepted for delivery to an address we are unable to deliver to, the order will be cancelled and we will let you know that the order has been cancelled by email.
Consumer Contract Regulations 2013
The Consumer Contract Regulations 2013 offer you the following cancellation rights when you buy online:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the date on which you receive the goods.
- Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
Any item already made available to download or delivered by email cannot be returned. A voucher for a lesson or course of lessons cannot be cancelled once that lesson or course has commenced or within 24 hours of a booked lesson.
If you wish to exercise your right to cancellation, you must retain possession of any musical instruments, books or other goods and take reasonable care of them. To exercise the right to cancel you must call us on the number set out in the contact section of our site or email us at the address set out on our site giving your name, address details of the order you wish to cancel and, where available, your telephone number and email address.
If you decide to cancel, you should return the goods to us within 14 days of such cancellation and we will reimburse you the amount relating to the product returned and for which the order has been properly cancelled.
We may make a deduction from the reimbursement for loss in value of any goods or products supplied, if the product is returned damaged we will make the reimbursement no later than 14 days after the day we receive back from you any such goods.
Intellectual property rights
The London Guitar Academy logo is a registered trademark. James Stratton is the owner or the licensee of all intellectual property rights in our site, our products and services, and in the material published on our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Information on our site and in our products
The content on our site and in our products is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or our products.
Although we make reasonable efforts to update the information on our site and in our products, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
We reserve the right to monitor content uploaded to our site, but are under no obligation to do so. If you are in any doubt about the suitability of anything you intend to upload to our site, in the first instance please review our Acceptable Use Policy before you upload it.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our products, our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use our site or any content on our site; or
- use of or reliance on any content displayed on our site; or
- security associated with transmission of information to the site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Subject to the other provisions of this section on liability, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the products in respect of which the loss or damage occurred.
If you are a consumer user, please note that we only provide our site to you for domestic and private use. You agree not to use our site or our products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We take all reasonable care, insofar as it is in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorised access do any data you provide when accessing or ordering from our site.
We assume no responsibility for content uploaded by other users. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or of any content uploaded by other users.
Events outside our control
We will not be in breach of these terms and conditions or liable for delay in performing, or failure to perform, any of our obligations in these terms and conditions if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact us through the contact section of our site.
Third party links and resources
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only, save as expressly set out elsewhere in these terms and conditions.
We have no control over the contents of those sites or resources.
You agree that from time to time we may place advertising and promotions our site. The type and extent of the advertising and promotions are subject to change without specific notice to you.
Any contract made pursuant to these terms and conditions is personal to you and may not be assigned or transferred to any other party without our prior written consent.
If any part of these terms and conditions for the other applicable terms referred to herein shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining terms and conditions.
No failure or delay by us to exercise any right or remedy provided in these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Each provision of these terms and conditions shall be construed as separately applied and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These terms and conditions govern our relationship with you. In agreeing to accept these terms and conditions you confirm that you have not relied on any representation save in so far as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
A person who is not a party to a contract made pursuant to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
If you are a consumer, please note that these terms and conditions, their subject matter and their formation, are governed by English law.
You agree that before proceeding with any claim you will first attempt to resolve the matter with us by contacting us through our site contact page and in writing to 21 Lonsdale Road, London NW6 6RA. If we are unable to reach an agreement, you agree to then submit the claim to formal mediation, to be conducted in London. Both of these routes of alternative dispute resolution must be exhausted before any claim is brought to the courts.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
To contact us, please use any of the methods set out in our contact page on this website.