BACKGROUND:
These Terms and Conditions are the standard terms for the sale of services
via online platform Learn How Now by VocAL Intuition, trading as Anne
Leatherland, a Sole Trader whose main trading address is 8 Windsor Drive,
Stapenhill, Burton on Trent, Staffordshire, UK.
1.
Definitions and Interpretation
1.1
In these Terms and Conditions, unless the
context otherwise requires, the following expressions have the following
meanings:
|
“Business
Day” |
means, any day other than Saturday or Sunday or
bank holiday; |
|
“Calendar
Day” |
means
any day of the year; |
|
“Contract” |
means
the contract for the purchase and sale of Services, as explained in Clause 3; |
|
“Month” |
means a
calendar month; |
|
“Order” |
means
your order for the Services, made via https;//vocalintuition.learnhownow or
anne@vocalintuition.co.uk; |
|
“Order
Confirmation” |
means
Our acceptance and confirmation of your Order as described in Clause 3; |
|
“Pre-Contract
Information” |
means
information about VocAL intuition the Services, pricing, and your legal
rights that We are required to provide under the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 which
will be made available to you via anne@vocalintuition.co.uk; |
|
“Price” |
means
the price payable for the Services; |
|
“Services” |
means
the services which are to be provided by Us to you as specified in your Order
(and confirmed in Our Order Confirmation); |
|
“Special
Price” |
means a
special offer price payable for the Services; and |
|
“We/Us/Our” |
means VocAL
Intuition, trading as Anne Leatherland, a Sole Trader whose main trading
address is 8 Windsor Drive,
Stapenhill, Burton on Trent, Staffordshire, UK |
1.2
Each reference in these Terms and Conditions to
“writing” and any similar expression includes electronic communications whether
sent by email, text message, fax or
other means.
2.
Information About Us
2.1
VocAL Intuition, trading as Anne Leatherland is
a Sole Trader whose main trading address is 8 Windsor Drive, Stapenhill, Burton
on Trent, Staffordshire, UK.
2.2
We are a member of Association of Teachers of
Singing (AOTOS), British Voice Association (BVA) and Incorporated Society of
Musicians (ISM).
2.3
We specialise in vocal training for singers,
singing teachers and other voice professionals by means of in-person lessons,
public courses and workshops and online courses. Anne Leatherland Bsc PGCE ALCM
LGSM(TD) is a Vocal Process Associate Teacher and committed to continued CPD in
order to provide the best possible service.
2.4
VocAL intuition Tutors are mentored by Anne
Leatherland but are self employed and run their own businesses, operating from
their own premises.
3.1
These Terms and Conditions govern the sale of services
by Us, via online platform HowNow https://learnhownow.com
and will form the basis of the Contract between Us and you. Before submitting your Order, you should
ensure that you have read these Terms and Conditions and the Pre-Contract
Information carefully.
3.2
Nothing provided by Us including, but not
limited to, information given over the telephone, sales and marketing
literature, price lists and other information constitutes a contractual offer
capable of acceptance. Your Order
constitutes a contractual offer that We may, at our discretion, accept.
3.3
A legally binding Contract between Us and you
will be created upon Our acceptance of your Order, indicated by Our Order
Confirmation. Order Confirmations will
be provided in writing by email.
4.
Orders
4.1
All Orders for Services made by you via online
platform HowNow will be subject to these Terms and Conditions.
4.2
You may change your Order at any time before We begin
providing the Services by contacting Us.
Requests to change Orders do not need to be made in writing.
4.3
If your Order is changed We will inform you of
any change to the Price when you contact Us, and will confirm the change in
writing.
4.4
If you change your mind, you may cancel your
Order at any time either before We begin providing the Services or, subject to
limitations, once the Services have begun by contacting Us. Please refer to Clauses 10 and 11 for details
of your cancellation rights.
4.5.1 The
required personnel and/or required materials necessary for the provision of the
Services are not available; or
4.5.2 An
event outside of Our control continues for more than 4 weeks (please see Clause
9 for events outside of Our control).
4.6
If We cancel your Order under sub-Clause 4.5 and
you have already made any payment to Us, the payment will be refunded to you
within 14 calendar days. If We cancel your Order, you will be informed by email.
5.
Price and Payment
5.1
The Price of the Services will be that given on
the VocAL Intuition course page at HowNow at the time of your Order.
5.2
If We offer a Special Price, the Special Price
will be valid for 7 days or, if the Special Price is part of an advertised
special offer, for the period shown in the advertisement. If the Special Price requires a promotion or
voucher code and you are unable to provide a valid promotion or voucher code
when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a
Special Price will be accepted at the Special Price even if We do not accept
your Order until after the period has expired.
5.3
Our Prices may change at any time but these
changes will not affect any Orders that We have already accepted.
5.5
Pricing and payment structures (including due
dates for payment) may vary according to the nature of the Services ordered.
This may include the payment of a deposit if the services are not initially
paid for in full.
5.6
We accept the following methods of payment:
5.6.1 Paypal
or Stripe via the online platform, Learn How Now;
5.6.2 Go
Cardless direct debit for the whole course fee or a monthly subscription;
5.6.3 BACS
by arrangement;
5.7
We do not charge any additional fees for any of
the payment methods listed in sub-Clause 5.6.
5.9
The provisions of sub-Clause 5.8 will not apply
if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute
is ongoing.
6.
Providing the Services
6.1
As required by law, We will provide the Services
with reasonable skill and care, consistent with best practices and standards in
the Singing and Voice Training sector, and
in accordance with any information provided by Us about the Services and about
Us. We will begin providing the Services
on the date agreed when you make your Order (which shall be confirmed in Our
Order Confirmation). Please note that if
you request that the Services begin within the statutory 14 calendar days cancellation
(or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 10 for your statutory
cancellation rights.
6.2
We will continue providing the Services for three
calendar months, or the duration of the course (if different), plus access to
the platform for a further two weeks.
6.3
We will make every reasonable effort to provide
the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for
any delays if an event outside of Our reasonable control occurs. Please see Clause 9 for events outside of Our
control.
6.4
If We require any information from you in order
to provide the Services, We will inform you of this as soon as is reasonably
possible. Depending upon the exact
nature of the Services you require from Us, We may require information such as
convenient times for one to one and group coachng sessions, and workshops.
6.5
If the information you provide under sub-Clause
6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible
for any delay caused as a result. If
additional work is required from Us to correct or compensate for a mistake made
as a result of incomplete or otherwise incorrect information that you have
provided We may charge you a reasonable additional sum for that work.
6.6
In certain circumstances, for example where
there is a delay in you sending Us information required under sub-Clause 6.4,
We may suspend the Services and will inform you of that suspension by email.
6.7
In certain circumstances, for example where We
encounter a technical problem, We may need to suspend or otherwise interrupt
the Services to resolve the issue.
Unless the issue is an emergency and requires immediate action We will
inform you in advance in writing by email before suspending or interrupting the
Services.
6.8
If the Services are suspended under sub-Clause 6.6
or 6.7, you will not be required to pay for them during the period of
suspension. You must, however, pay any
invoices that you have already received from Us by their due date(s).
6.9
If you do not pay Us for the Services as
required by Clause 5, We may suspend the Services until you have paid all
outstanding sums due. If this happens,
We will inform you in writing by email. This does not affect Our right to
charge you interest under sub-Clause 5.8.
7.
Problems with the Services and Your Legal Rights
7.1
We always use reasonable endeavours to ensure
that Our Services are trouble-free. If,
however, there is a problem with the Services We request that you inform Us as
soon as is reasonable possible via email at anne@vocalintuition.co.uk or by
phone +44283 568785
7.2
We will use reasonable efforts to remedy
problems with the Services as quickly as is reasonable possible and
practical.
7.3
We will not charge you for remedying problems
under this Clause 7 where the problems have been caused by Us, any of Our
agents or sub-contractors or where nobody is at fault. If We determine that a problem has been
caused by incorrect or incomplete information provided by you, sub-Clause 6.5
will apply and We may charge you for the remedial work.
7.4
As a consumer, you have certain legal rights
with respect to the purchase of services.
For full details of your legal rights and guidance on exercising them,
it is recommended that you contact your local Citizens Advice Bureau or Trading
Standards Office. If We do not perform
the Services with reasonable skill and care, you have the right to request
repeat performance or, if that is not possible or done within a reasonable time
without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line
with information that We have provided about them, you also have the right to
request repeat performance or, if that is not possible or done within a
reasonable time without inconvenience to you (or if Our breach concerns
information about Us that does not relate to the performance of the Services),
you have the right to a reduction in price.
If for any reason We are required to repeat the Services in accordance
with your legal rights, We will not charge you for the same and We will bear
any and all costs of such repeat performance.
In cases where a price reduction applies, this may be any sum up to the
full Price and, where you have already made payment(s) to Us, may result in a
full or partial refund. Any such refunds
will be issued without undue delay (and in any event within 14 calendar days
starting on the date on which We agree that you are entitled to the refund) and
made via the same payment method originally used by you unless you request an
alternative method. In addition to your
legal rights relating directly to the Services, You also have remedies if We
use materials that are faulty or incorrectly described.
8.
Our Liability
8.1
We will be responsible for any foreseeable loss
or damage that you may suffer as a result of Our breach of these Terms and
Conditions or as a result of Our negligence (including that of Our employees,
agents or sub-contractors). Loss or
damage is foreseeable if it is an obvious consequence of the breach or
negligence or if it is contemplated by you and Us when the Contract is
created. We will not be responsible for
any loss or damage that is not foreseeable.
8.2
We provide Services for domestic and private use
(or purposes). We make no warranty or
representation that the Services are fit for commercial, business or industrial
purposes of any kind (including resale).
We will not be liable to you for any loss of profit, loss of business,
interruption to business or for any loss of business opportunity.
8.3
Nothing in these Terms and Conditions seeks to
exclude or limit Our liability for failing to perform the Services with
reasonable care and skill or in accordance with information provided by Us
about the Services or about Us.
8.4
Nothing in these Terms and Conditions seeks to
exclude or limit your legal rights as a consumer. For more details of Your legal rights, please
refer to Your local Citizens Advice Bureau or Trading Standards Office
9.
Events Outside of Our Control (Force Majeure)
9.1
We will not be liable for any failure or delay
in performing Our obligations where that failure or delay results from any
cause that is beyond Our reasonable control.
Such causes include, but are not limited to: power failure, internet
service provider failure, strikes, lock-outs or other industrial action by
third parties, riots and other civil unrest, fire, explosion, flood, storms,
earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war
(declared, undeclared, threatened, actual or preparations for war), epidemic or
other natural disaster, or any other event that is beyond Our reasonable
control.
9.2
If any event described under this Clause 9
occurs that is likely to adversely affect Our performance of any of Our
obligations under these Terms and Conditions or the Contract:
9.2.1 We
will inform you as soon as is reasonably possible;
9.2.2 Our
obligations under these Terms and Conditions will be suspended and any time
limits that We are bound by will be extended accordingly;
9.2.3 We
will inform you when the event outside of Our control is over and provide
details of any new dates, times or availability of Services as necessary;
9.2.4 If
the event outside of Our control continues for more than four weeks We will cancel the Contract and inform you of
the cancellation. Any refunds due to you
as a result of that cancellation will be paid to you as soon as is reasonably
possible;
9.2.5 If
an event outside of Our control occurs and you wish to cancel the Contract, you
may do so. Any refunds due to you as a
result of such cancellation will be paid to you as soon as is reasonably
possible.
10.
Your Statutory Right to Cancel
10.1
As a consumer in the European Union you have a
statutory right to cancel your Contract with Us up to 14 Calendar Days after
the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for any
reason under this right. If you wish to
cancel your Order before receiving Our Order Confirmation or if you wish to
cancel the Contract after receiving the Order Confirmation but before the
Services begin, sub-Clause 10.2 will not apply.
10.2
As noted in sub-Clause 6.1, if you have
requested that the Services begin within the 14 Calendar Day cancellation
period your statutory right to cancel may be limited or lost. By requesting that the Services begin within
the statutory cancellation period you acknowledge and agree that:
10.2.1 If
the Services are fully performed within the 14 Calendar Day cancellation
period, you will lose your right to cancel after the Services are fully
performed.
10.2.2 If
you cancel the Services after they have begun but are not yet complete (where
applicable) you will be required to pay for the Services supplied up to the time
at which you inform Us that you wish to cancel.
The amount due shall be calculated in proportion to the full price of
the Services and the actual Services already provided. Any sums that you have already paid shall be
refunded subject to deductions calculated in accordance with the foregoing.
10.3
If you wish to exercise your right to cancel
under this Clause 10, you must inform Us of your decision. You may do so in any way that is convenient
for you. Please ensure that you inform
Us of your decision to cancel before the period in sub-Clause 10.1 expires
(note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a
letter by 23:59 on the final day of the cancellation period, your cancellation
will be valid and accepted). Please contact Us:
10.3.1 By
telephone on +441283 568785;
10.3.2 By
email on anne@vocalintuition.co.uk
or
10.3.3 By
post at 8 Windsor Drive, Stapenhill, Burton on Trent, Staffordshire, UK
10.4
We may ask you why you have chosen to cancel and
may use any answers you provide to improve Our services, however you are under
no obligation to provide any details if you do not wish to.
10.5
Refunds under this Clause 10 will be issued to
you no later than 14 Calendar Days after the date on which you inform Us that
you wish to cancel.
10.6
Refunds under this Clause 10 will be made using
the same payment method you used when ordering the Services unless you
specifically request that We make a refund using a different method.
11.
Cancellation After the Statutory Cancellation
Period
11.1
Cancellation of Services after the 14 Calendar
Day cancellation period has elapsed shall be subject to the specific terms
governing those Services and may be subject to a minimum contract
duration. You will be informed of the
relevant duration and cancellation provisions before you complete your Order
and details will also be included in the Pre-Contract Information.
11.2
If you wish to exercise your right to cancel
under this Clause 11, you must inform Us of your decision to do so. You may do so in any way that is convenient
for you. We provide a cancellation form
that you may use if you wish to inform Us in writing. The cancellation form and accompanying
instructions is available
11.2.1 By
telephone on +441283 568785;
11.2.2 By
email on info@vocalintuition.co.uk
or
11.2.3 By
post at 8 Windsor Drive, Stapenhill, Burton on Trent, Staffordshire, UK.
11.3
We may ask you why you have chosen to cancel and
may use any answers you provide to improve Our services, however you are under
no obligation to provide any details if you do not wish to.
11.4
Eligibility for refunds may vary according to
the Services ordered. In some cases you
may be required to make a further payment on cancellation. You will be informed of the relevant terms
before you submit your Order and details will also be included in the
Pre-Contract Information.
11.5
Refunds under this Clause 11 will be issued to
you no later than 14 Calendar Days after the date on which you inform Us that
you wish to cancel.
11.6
Refunds under this Clause 11 will be made using
the same payment method you used when ordering the Services unless you
specifically request that We make a refund using a different method.
12.
Communication and Contact Details
12.1
If you wish to contact Us with general questions
or complaints, you may contact Us by telephone at +441283 568785 or by email at
anne@vocalintuition.co.uk.
12.2
For orders, payments and delivery please contact
Us by telephone at +447854045050 or by email at anne@vocalintuition.co.uk.
13.
Complaints and Feedback
13.1
We always welcome feedback from Our customers
and, whilst We always use all reasonable endeavours to ensure that your
experience as a customer of Ours is a positive one, We nevertheless want to
hear from you if you have any cause for complaint.
13.2
All complaints are handled in accordance with
Our complaints handling policy and procedure, available from
anne@vocalintuition.co.uk.
13.3
If you wish to complain about any aspect of your
dealings with Us, including, but not limited to, these Terms and Conditions,
the Contract, or the Services, please contact Us in one of the following ways:
13.3.1 In
writing, addressed to Anne Leatherland, VocAL intuition, 8 Windsor Drive,
Stapenhill, Burton on Trent, Staffordshire, UK
13.3.2 By
email, addressed to anne@vocalintuition.co.uk
13.3.3 Using
Our complaints form, following the instructions included with the form
13.3.4 By
contacting Us by telephone on +441283 568785
14.
How We Use Your Personal Information (Data
Protection)
14.1
All personal information that We may collect
(including, but not limited to, your name, address and telephone number) will
be collected, used and held in accordance with the provisions of the Data
Protection Act 1998 and your rights under that Act.
14.2
We may use your personal information to:
14.2.1 Provide
Our services to you;
14.2.2 Process
your Order (including payment) for the Services; and
14.2.3 Inform
you of new products and/or services available from Us (if you opt or have
previously opted to receive it). You may
request that We stop sending you this information at any time.
14.3
In certain circumstances (if, for example, you
wish to purchase Services on credit), and with your consent, We may pass your
personal information on to credit reference agencies. These agencies are also bound by the Data
Protection Act 1998 and should use and hold your personal information accordingly.
14.4
We will not pass on your personal information to
any third parties without first obtaining your express permission.
15.
Other Important Terms
15.1
We may transfer (assign) Our obligations and
rights under these Terms and Conditions (and under the Contract, as applicable)
to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in
writing. Your rights under these Terms
and Conditions will not be affected and Our obligations under these Terms and
Conditions will be transferred to the third party who will remain bound by
them.
15.2
You may not transfer (assign) your obligations
and rights under these Terms and Conditions (and under the Contract, as
applicable) without Our express written permission.
15.3
The Contract is between you and Us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled
to enforce any provision of these Terms and Conditions.
15.4
If any of the provisions of these Terms and
Conditions are found to be unlawful, invalid or otherwise unenforceable by any
court or other authority, that / those provision(s) shall be deemed severed
from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions
shall be valid and enforceable.
15.5
No failure or delay by Us in exercising any of
Our rights under these Terms and Conditions means that We have waived that
right, and no waiver by Us of a breach of any provision of these Terms and
Conditions means that We will waive any subsequent breach of the same or any other
provision.
16.
Governing Law and Jurisdiction
16.1
These Terms and Conditions, the Contract, and
the relationship between you and Us (whether contractual or otherwise) shall be
governed by, and construed in accordance with the law of England & Wales
16.2
As a consumer, you will benefit from any
mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away
or reduces your rights as a consumer to rely on those provisions.
16.3
Any dispute, controversy, proceedings or claim
between you and Us relating to these Terms and Conditions, the Contract, or the
relationship between you and Us (whether contractual or otherwise) shall be
subject to the jurisdiction of the courts of England, Wales, Scotland, or
Northern Ireland, as determined by your residency.
