GLASGOW CHILDREN’S MUSIC SCHOOL
TERMS OF SALE
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which We will provide the Classes or Lessons. Please read these Terms of Sale carefully and ensure that you understand them before booking any Classes or Lessons on Our Site. You will be required to read and accept these Terms of Sale when booking Classes or Lessons. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to book Classes or Lessons through Our Site.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
| “Booking” | means your booking of the Classes or Lessons or Blocks; |
| “Block” | means a series of Lessons or Classes; |
| “Class(es)” | means teaching session(s) with babies or pre-school age children; |
|
“Consumer”
|
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms of Sale means an individual Pupil and his/her Parent/Guardian who receives or uses services from Us comprising one or more Class or Lesson or Block for the individual Pupil’s personal use and for purposes wholly or mainly outside the purposes of any Business; |
| “Fee” | means the standard charge for each Class/Lesson/Block; |
| “Instrument” | means the piano, guitar, violin, flute or whistle; |
| “Lesson” | means the teaching sessions, with or without the Instrument, we provide to the Pupils, more particularly described in the Schedule; |
| “Our Premises” | means the premises where We provide any Lesson to You; |
| “Our Site” | means www.thegcms.co.uk; |
| “Our Staff” | means any person(s) with suitable skill, appropriate qualifications and experience nominated by Us from time to time; |
| “Parent/Guardian” | means the parent or guardian of the Pupil; |
|
“Photograph Consent Form” |
means the form contained in the Schedule; |
| “Pupil” | means the individual who is to receive any Lesson or attend any Class(es); |
| “Regulations” | means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
| “We, Us, Our” | means Katie Hepburn Music Ltd trading as Glasgow Children’s Music School, a company registered in Scotland under SC648985, whose registered address is 53 Bothwell Street, Glasgow, G2 6TS; |
| “You/Your” | means the Parent/Guardian. |
1.2 The headings used in these Terms of Sale are for convenience only and shall not affect the interpretation of these Terms of Sale
2. Access to and Use of Our Site
2.1 Access to Our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
2.4 [Use of Our Site is subject to our Site Terms of Use. Please ensure that you have read them carefully and that you understand them.]
3. Classes, Lessons, Pricing and Availability
3.1 We make all reasonable efforts to ensure that all general descriptions of the Classes and Lessons available correspond to the actual Classes and Lessons that will be provided to you, however please note that the exact nature of the Classes or Lessons may vary depending upon individuals’ requirements and circumstances.
3.2 We neither represent nor warrant that all Classes or Lessons will be available at all times and cannot necessarily confirm availability until confirming your Booking.
3.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
3.4 All prices are checked by Us when We process your Booking. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Booking to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to book at the correct price or to cancel your Booking (or the affected part thereof). We will not proceed with processing your Booking until you respond. If We do not receive a response from you within three days, We will treat your Booking as cancelled and notify you of the same in writing.
4. Bookings – how our Contracts are formed
4.1 Our Site will guide you through the booking process. Before submitting your Booking you will be given the opportunity to review your Booking and amend any errors. Please ensure that you have checked your Booking carefully before submitting it.
4.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Booking does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
4.3 Booking Confirmations shall contain the following information:
4.3.1 Confirmation of the Lesson, Class or Block booked; and
4.3.2 dates, venues and Fees for the Booking.
4.4 If We, for any reason, do not accept or cannot fulfil your Booking, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within10 days.
4.5 We may cancel your Booking at any time before We begin delivering the Lessons or Classes in the following circumstances:
4.5.1 The required personnel and/or required materials necessary for the delivery of the Lessons or Classes are not available; or
4.5.2 An event outside of Our control continues for more than 4 weeks (please refer to Clause 10 for events outside of Our control).
4.6 If We cancel your Booking under sub-Clause 4.5 and We have taken payment we will endeavour to rearrange a Lesson or Class within a two month period of the cancelled Class or Lesson. In the event that we are not able to rearrange a Lesson or Class within a two month period, we will refund to you any sums paid as soon as possible after the expiry of the two month period. If We cancel your Booking, you will be informed by email.
4.7 Any refunds due under this Clause 4 will be made using the same payment method that you used when booking.
5.Payment
5.1 Fees for the Lessons, Classes or Blocks is due at the time of booking.
5.2 All payments can be made via paypal (or as otherwise agreed between Us).
6. Booking, Timing and Cancellation of Lessons, and Consumer Rights
6.1 If You ask to book a Class, Lesson or Block, Your request will be Your offer to book that particular Class, Lesson or Whether We accept any requested Booking will be in Our discretion. Our confirmation of Your requested Booking will be Our acceptance of it but it will only become a firm booking if and when it becomes a binding contract in accordance with sub-Clause 6.2 below.
6.2 If and when We accept (by text message /email) Your offer to book a particular Class, Lesson or Block and You pay for it there will from the date of payment (but not any sooner) be a binding contract between You and Us for the Class, Lesson or Block concerned, except as follows:- where the Pupil has not previously taken any lessons with Us or another teacher on the Instrument, We may agree to provide a single Lesson as a trial so that the Pupil can decide whether to continue with Lessons, and so that We can advise whether the Pupil is suited to learning the Instrument.
6.3 If the Pupil arrives at Our Premises for any Lesson later than its scheduled start time, We will not extend the length of it beyond its scheduled finishing time unless We specifically agree to do so at the time when We or the Pupil arrives.
6.4 We may cancel a booked Lesson at any time before its time/date slot in the following circumstances:
6.4.1 Our staff are not available to teach the Pupil on the date and at the time concerned;
6.4.2 An event described in sub-clause 10 below occurs and continues for more than a 4 week period;
6.5 We will use all reasonable endeavours to start each Lesson at its scheduled start time, but the start may be delayed by overrun of a previous Lesson or by other circumstances.
6.6 Where the contract We make with You is not made on Our Premises, the Regulations give You the rights set out in this sub-Clause 6, and they will be in addition to the rights given to You by the above provisions of this Clause 6. You may for any reason cancel a booked Lesson during the 14 day period after We accept a Booking for it, but if the Booking includes any Lesson on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Lesson in that 14 day period and We do so, You hereby waive any right to cancel the Booking and any entitlement to a refund. If You request that a Booking be cancelled, You must confirm this by email. If You cancel, as allowed by this Sub-Clause 6.6, and You have already made any payment(s) to Us for the Booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation email.
7. Photo Permissions
Photograph Consent (including social media use) is dealt with in the Schedule to these Terms of Sale.
8. Health and Safety, Professional References etc
8.1 You give Us permission to teach the Pupil.
8.2 Where a Lesson takes place at Our Premises, the Pupil must either be accompanied by his/her Parent/Guardian or some other responsible adult nominated by the Parent/Guardian, or the Parent/Guardian must be contactable by Us by mobile phone for the duration of each Lesson.
8.3 In the interests of the Pupil’s well-being, You must inform Us before he/she attends any Lesson of any medical or other condition affecting the Pupil which might be or become relevant in relation to that Lesson.
8.4 If You do not tell Us before a Lesson of anything referred to in sub-Clause 8.3 that We then discover, We may, acting reasonably, decide not to provide that or the remainder of that Lesson or any other Lessons booked and to treat any such Lessons as cancelled by You without notice.
8.5 All of Our Staff have PVG certificates and are available on request.
9. Rules
9.1 We do not permit You or the Pupil to bring any animals into Our Premises with the exception of guide dogs. If the Pupil requires the use of a guide dog, You should inform Us of that before You accept these Terms of Sale.
9.2 Pupils must not have any electronic devices in Lessons except for any audio/video recording device that We agree may be used specifically to record a Lesson or part of it.
9.3 Neither You nor the Pupil are permitted to make any photocopies of any sheet
9.4 If You or the Pupil do not comply with any of these requirements, We may cancel the Lesson.
9.5 With regard to Examination entries, competitions and festivals, the Pupil will only be entered by Us for them if We both agree and the Pupil must pay any entry fees.
10. Events Beyond Our Reasonable Control
10.1 We will not be liable for any failure or delay in performing Our obligations under these Terms of Sale resulting from any cause beyond Our reasonable control.
10.2 If any event described under sub-Clause 10.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Lessons as necessary. You may, without liability to Us, cancel any Lesson(s) which do not take place due to that event.
11. Limitation of Liability
11.1 We will be responsible for any foreseeable loss or damage that You or the Pupil may suffer as a result of Our breach of these Terms of Sale or as a result of Our Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 We provide all Lessons and Classes for personal and private use/purposes. We will not be liable to You or the Pupil for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 Whilst We will use Our best endeavours to ensure that the Pupil makes satisfactory progress, results will differ from Pupil to Pupil depending on various factors, including, without limitation, number and frequency of Lessons, type and amount of practise carried out by the Pupil, and the Pupil’s aptitude. Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular result will be brought about (including passing any examination) as a result of the Pupil taking part in any Lesson(s). In particular, careful regular practice as advised by Us is a prerequisite of success on the Instrument.
11.4 If You or the Pupil bring any personal belongings on to Our Premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your and the Pupil’s own risk except where such loss or damage is due to any deliberate or negligent act by Us. We will not be responsible for any loss or damage to Your or the Pupil’s personal belongings caused by any other Pupil, guest or visitor to Our premises that We suggest or ask You to use. We therefore advise You and the Pupil not to bring any valuable belongings to Our Premises.
11.5 You will be responsible to insure the Instrument (i.e. the Instrument which You or the Pupil provides at Lessons) against loss or damage whether it is at Our Premises or elsewhere.
11.6 Nothing in these Terms of Sale is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentatio
11.7 Furthermore, if You and/or the Pupil are “consumers” as defined by the Consumer Rights Act 2015, or consumers for the purposes of any other consumer protection legislation, nothing in these Terms of Sale is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You or the Pupil, or Your or the Pupil’s rights or remedies, or Our liability to You or the Pupil, under:
11.7.1 the Consumer Rights Act 2015;
11.7.2 the Regulations;
11.7.3 the Consumer Protection Act 1987; or
11.7.4 any other consumer protection legislation,
as that legislation is amended from time to time.
For more details of Your and the Pupil’s legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
12. How We use Your and the Pupil’s Personal Information (Data Protection)
12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your and/or the Pupil’s rights under the GDPR.
12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your and/or the Pupil’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Us on Our Site.
13. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We make a Booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms of Sale for You to see now, or We will make it available to You before We accept Your request to make a Booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
14. General Clauses
Information
14.1 As required by the Regulations:
14.1.1 all of the information described in Clause 13; and
14.1.2 any other information which We give to You about any Lessons or Classes or Us and Our business which You take into account when deciding to make a booking or when making any other decision about your Booking,
14.1.3 will be part of the terms of Our contract with You as a Consumer.
Changes to these Terms of Sale
14.2 We may from time to time change any terms of these Terms of Sale without giving You notice.
Complaints
14.3 We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your and the Pupil’s experience as Our customer is a positive one, We nevertheless want to hear from You if You or the Pupil have any cause for complaint. If You or the Pupil have any complaint about any Lesson/s or any other complaint about Us, please raise the matter with Us by contacting us by email.
No Waiver
14.4 No failure or delay by Us or You in exercising any rights under these Terms of Sale means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms of Sale means that We or You will waive any subsequent breach of the same or any other provision.
Severance
14.5 If any part of these Terms of Sale is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Sale and the remainder of the provision in question shall not be affected.
Law and Jurisdiction
14.6 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with Scots
14.7 As a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 6 above takes away or reduces Your rights as a consumer to rely on those provisions.
14.8 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms of Sale, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the Scottish courts.