The Website is created, administered and controlled by me, Amy Pellegrini, (“we”, “us”, “our”). Before you place an order, if you have any questions relating to these Terms please contact us by sending an email to firstname.lastname@example.org.
You may purchase from the Website either as a guest without registration or as a Subscriber responding to a new digital product alert. All Subscribers will be contacted using their registered contact details. Should you wish un-subscribe, please use the unsubscribe link provided or sending your request to email@example.com. Once you un-subscribe you will no longer receive notifications about new lessons and products from us.
Intellectual Property Rights
JazzPianoAcademy is the trading name and trade mark of Amy Pellegrini. All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software as well as our lessons, music and digital products in the Website are protected by copyright, trade mark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to us.
Any use of this Website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without our prior permission. You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of the site, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.
Accuracy of Content
Whilst all reasonable effort has been taken to display samples of digital products accurately, we cannot guarantee that your hardware, software or monitor's display will accurately reflect this.
To the extent permitted by law, we give no warranties in relation to the Website, in particular with limitation, any warranties regarding the accuracy of descriptions and illustrations of items in the Website. We have taken all reasonable precautions to ensure that the information provided within the Website is accurate, including (but not limited to) that prices shown are correct at the time of publishing and that all items have been fairly described.
Prices to access and download our digital products are as set out on the Website and include VAT at the current rate. We reserve the right to alter descriptions and prices at any time or withdraw products from sale. We continually update our online store. From time to time we may run special local promotions which may not be available to customers in particular jurisdictions.
We accept payment in GBP(£). We accept payment through third party payment providers as identified from time to time, such Shopify. They have their own terms of service which you should satisfy yourself of before purchasing. All payments are processed securely through our payment provider's portal. We do not hold any credit card details.
Download of your digital product will not be possible at least until you have completed your payment. Once the payment is done you will be redirected to a page where you can download the content purchased. You will need to provide an email or phone in order to complete the purchase and receive the content. These details are not stored by us.
Orders placed by you are an offer to purchase and our acknowledgement is not an acceptance. Once you have received our acknowledgement email, we can't change the details of your order. Please ensure you review all your details before you complete the checkout process.
Download of your digital product grants to you a non-exclusive non-transferable licence to review and playback the product for your individual personal use only. The only exceptions to this are:
- a download made by a music teacher using this product to teach others
- one musician may use it in conjunction with a single musician practice group.
Nothing in these Terms grants you the right to perform, circulate, publish, copy or otherwise deal in the digital product. Any use outside the terms of the personal licence to use is an infringement of ours or others’ intellectual property rights and we reserve the rights to take action against you for any such breach or notify other rights holders of such breach.
You must provide your own technical arrangements for accessing the Website, for downloading and viewing the digital products. The digital products will normally be in commonly supported formats such as PDFs or videos viewable on YouTube and other formats. However, these will be indicated to you as part of the description of each product. Please check these before you purchase as it will not be possible to refund you after your purchase.
During the purchase process you will be given the option to subscribe though you are under no obligation to do so. By subscribing we will send you news of new lessons available for purchase and other new information released by us for you to access.
Under the United Kingdom's Consumer Rights Act 2015 rules you have the right to cancel your purchase without reason within 14 days of making the purchase provided you have not commenced the download. Once you have commenced download of the purchased item you waive the right to cancel your order for a digital product.
Where the digital product is faulty, we have the right to attempt repair or replacement of the download before you can claim a refund.
Should repair or replacement not be possible you must then inform us in writing of your wanting a refund within 14 days thereafter to us by email. Please quote your order number on all correspondence. The contract in respect of sale of the digital products between us and you requires that you make no further attempt to use the digital products on cancellation otherwise you will be subject to civil liability and possible criminal liability for infringement of our or others’ intellectual property rights. This does not affect your statutory rights.
Limitation of Liability
To the extent permitted by law we will have no liability to you in contract, tort (including negligence) or otherwise for any loss (including loss of profit), cost or damage (whether indirect, consequential, or otherwise) suffered as a result of your use of the Website or from use of information passed through the website, even if we are aware of the possibility of such loss. Additionally, we shall also not be liable to you for a breach of these terms and conditions or a failure to perform if the delay or failure is due to a cause beyond our reasonable control.
Our total liability for any claim howsoever arising shall not exceed the price paid for the products supplied by us to you. We do not however exclude or limit our liability in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
To the extent permitted by law we exclude warranties of satisfactory quality, fitness for purpose and by description to the extent that we make no representation that they match our particular individual needs.
You agree to defend, indemnify and hold harmless, us and/or our associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from any breach by you of any of these Terms.
Your access to and use of this Website is subject to the following terms:
- This is a Website normally using the English language intended for use by users of the English language. We have no obligation to provide the service in other languages. Further any comments posted by users should be made in the English language.
- Your use of this Website including but not limited to purchases made therefrom shall be governed by and construed in accordance with English law. In the event of a dispute arising out of this agreement, the parties agree to seek to resolve any such matter as speedily and efficiently as they can without resorting to formal legal proceedings (except for urgent injunctive relief) by entering and attending mediation prior to the bringing of proceedings, with a mediator chosen by the Chairman of the Bar Council of England if not agreed by the parties. Should mediation fail, the courts of England shall have exclusive jurisdiction over any dispute in this Agreement.
- The Website may only be used for lawful purposes by those 18 years or older. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. We cannot guarantee that each person is at least of the required minimum age and we do not accept responsibility or liability for any content, communication or other use of the Website in violation of the terms.
- We reserve the right to control access to any part of the Website by the use of user names and/or passwords, including by registration, to access the Services offered by the platform.
- You may create a link to the home page of the Website from another Website owned by you provided it is for a legal, non-commercial purpose and is not to the detriment of our reputation, the reputation of the Website or derogatory comment concerning any other user of the Site. Any other linking is subject to our prior written consent.
The information and materials contained in the Website including all opinions, links, comments, advice, datasets and services (the “Information”) is provided by us for general information purposes only:
- It shall be your own responsibility to ensure that the Information or any products or services available through the Website meets your specific requirements. We do not provide any warranty or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness or suitability of the Information and materials found or offered on the Website for any particular purpose. Any reliance you do place on the Information is strictly at your own risk.
- The inclusion of any Information from a third party does not necessarily imply a recommendation or endorse the views expressed within them. We exclude any liability for the accuracy, relevance or libellous nature of any material posted by a third party to this Website. Should you have a complaint about any Information you should contact us directly.
- We do not take responsibility for the use or misuse by others of any personal information that you disclose on the Website.
Every effort is made to keep the Website up and running smoothly, however:
- Access is permitted for a temporary period only and we maintain the right to withdraw the Website at any time. We take no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control or for the actions of third parties against the correct function of this Website.
Your activities should be fair and legal:
- You must not attack or attempt to probe, scan or test the vulnerability of a system or network, alter the functionality of the Website whether by crawling, scraping, hacking attempts, the uploading of viruses, denial of service attacks or other; nor are you permitted to attempt to access data or parts of the Website not intended for you or log into a server or an account that you are not authorized to access.
You are responsible for any acts by another person using your device and/or passwords and access data for accessing the Site.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We are the Data Controller for your personal information therefore we should be your first point of contact. We are committed to ensuring that your privacy is protected and we will process it in accordance with our policy set out below and our registration with the Information Commissioner’s Office. In processing personal data, we will comply with relevant legislation in force from time to time in England.
Indirect Anonymous Information
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, even if you do not register with us. These “cookies” (which are small pieces of code placed on your machine during your visit) help to improve your customer experience. They are not used to identify you personally. Please note that third party cookies (over which we have no control) may be placed on your machine in the event you use broader functionality through the Website (for example access to social media).
To improve performance of our Website we may collect the following types of information:
- identification of your past and current use of the Website
- technical information from your device to enable it to interact with our system
- information about your visits including page response time, pages visited, methods of browsing and similar
Some personal data may be processed by us when you have requested a product or service from us, whether as part of an agreement to purchase from us or merely requesting further contact from us.
We use your information only for the following purposes:
- Processing your orders.
- To respond to an approach by you
- To alert you to new lessons where you are a Subscriber
- If you consent, to notify you of products or special offers that may be of interest to you.
- For internal purposes as part of our administration
We would be delighted if you would provide us with testimonials of your great experiences with us. We will review these before placing them on our marketing literature including our website and will only use your first name or an assumed name if you so wish. Should you wish for your testimonial to be removed please let us know using the contact details provided below.
The information we hold about you may be stored outside the European Economic Area in order to process your data.
When you connect to or from the Website with external websites please be careful to check whether the external site is one controlled by us or those used by third parties (such as our social media spaces on platforms such as Facebook, Twitter or LinkedIn). We cannot control the information practises of other companies and organisations that might advertise, display, link to, or offer to obtain our goods or services for you. We cannot take responsibility for, cannot control and this policy does not cover spaces on the internet not controlled by us.
Depending on your consent we may periodically use your contact details to send you promotional emails or texts about new products, special offers or other information which we think you may find interesting using the contact details which you have provided.
Please note that if the business were to be sold or transferred or we were to purchase another business, your data will be transferred with it but only as part of the business as sold or transferred. Your personal information may be disclosed to a prospective buyer or seller of such business.
We reserve the right to and may be ordered to disclose any information on the Website necessary to fully co-operate with law enforcement authorities in investigating suspected illegal activities.
Data Protection legislation gives you certain rights to control of your personal data. These are:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling
Further information on these rights and how to complain can obtained from the UK Information Commissioner whose website is at: www.ico.org.uk .
We fulfil these rights in the ways set out below however we do reserve our right to continue to process your data or refuse your requests as set out in relevant legislation.
We collect your contact and delivery information (e.g. name, online delivery address and email address) to get in touch with you when necessary to fulfil our contractual obligations to you. For your added security all payment pages are hosted and processed by an appropriate third party payment provider, such as Shopify, which means that we don't hold details of your billing information cards.
You have further control over the information you supply to us whether by:
- consent gained from your continuing to browse our site, or
- your explicit consent by completing a contact form whether for requesting information or one of our products, or
- your explicit consent to further processing, by Subscribing with us to send you ongoing marketing material concerning future lessons or products, or
- by your contacting us about your personal information as described below.
Consent for the direct purpose for which you supply your data will be inferred from the situation in which you give this information. If you choose to withdraw your consent to the processing of your personal information at any time, except to the extent that we use them as part of our lawful activities, then you should inform us in writing using our contact details below. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer.
You may request details of personal information which we hold about you under the relevant Data Protection legislation in force at the time (a “Data Access Request”). If you would like a copy of the information held about you, please email us.
If you believe that any information we are processing on you
- is incorrect or incomplete, (perhaps for example because you have seen you name spelt incorrectly or someone else has received a call meant for you) or
- is being mis-used (perhaps for example a company you don’t know has contacted you using information you supplied to us and you didn’t agree to this), or
- should no longer be processed by us (perhaps for example because you no longer wish to be contacted)
then please email us as soon as possible. We will promptly correct or delete any information found to be incorrect or no longer necessary and deal with your complaint. These rights to object are subject to our right to consider whether we are permitted or required to continue the processing in which event we will inform of our reasons.