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TERMS OF USE PAGE

Terms and Conditions for Visitors

This website www.musicalminis.co.uk (“the Site”) is owned and operated by MUSICAL MINIS LIMITED (“us”, “our” or “we”). If you want to ask us anything about these Terms and Conditions or have any comments on or about our website, please e-mail us at enquiries@musicalminis.co.uk

We are members of the Pre School Learning Alliance.

This document is only available in English.

The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below.

Our Site is established to enable you to obtain information about us, our business, our franchise opportunities and our franchisees (“Information”).

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below).  We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to visitors.

1.          TERMS AND CONDITIONS FOR ONLINE REGISTRATION

1.1.      Our website service permits you to make an online order from this Site for your child to attend classes advertised on our Site as being available (your “Order”).  Such Order is permitted strictly pursuant to the terms and conditions set out below.

1.2.      Your registration application constitutes a request to register your child to attend classes at the location chosen by you.   After you have registered you will receive an email from us confirming the Username provided by you and providing you with a Password.  You can then proceed to register your child and book him/her into classes at your chosen location subject to a place being available.

1.3.      If you wish to add a child to your registration or to change the location at which you wish your child to attend, then we will accommodate you if a space is available at the location or classes requested.

1.4.      Your Order cannot be accepted until payment in full for the classes requested has been received by us at which time a legally binding contract on the terms set out in your Order will immediately become effective.

Price & Payment

1.5.      Payment for all classes must be made to us through PayPal.  PayPal will send you a Confirmation of Payment upon receipt of payment from you.

1.6.      If you notice an error in the PayPal Payment Confirmation you must notify us by email at enquiries@musicalminis.co.uk quoting your PayPal Receipt number.

1.7.      The fees to be paid by you upon your Order for the selected classes will be as quoted on our Site except in cases of obvious pricing error. We are under no obligation to permit your child to attend the classes selected at an incorrect (lower) price, even after you have made payment to us via PayPal, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect pricing.

Cancellation and Our Refund Policy

1.8.      If you wish to cancel your Order for your child’s classes you may do so, subject to clause 1.9below within fourteen (14) days of your PayPal payment by emailing us at enquiries@musicalminis.co.uk. A refund will then be made by us to you into the same PayPal Account through which your payment to us was made.  If you wish, you can use the Form of Cancellation in the Schedule set out at the end of this Agreement.

1.9.      If you have placed an Order under which your child is to start classes within fourteen days of your Order, you will still have the right to cancel, but you will be required to pay for the classes that have been provided, or which were available under your Order for your child to attend, up to the date you cancel.

2.          OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

2.1       We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

2.2       You will be subject to the policies and Terms and Conditions in force at the time that you request any Information from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

3.          YOUR AGREEMENTS

YOU AGREE that:-

3.1       it is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of keeping you abreast of our activities are correct and that the PayPal Account that you propose to use is your own or that of a third party who has given you full permission and authority to use it.

3.2       it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998 and our Privacy and Cookies Policy.

3.3       it is your responsibility to maintain the confidentiality and security of your Personal Data especially your name and password. You will not allow others to use your name or password and you will notify us immediately of any unauthorised use of your name or password. We shall not be responsible for any losses arising out of the unauthorised use of your name or password and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.

3.4       we shall be entitled to withdraw any information from our Site if the Information is inaccurately described on the Site or where obvious errors have been made;

3.5       whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).

3.6       you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

3.7       variation in computer, browser and operation will create differences in visual layout and usability of the Site.  We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

4.          SYSTEM REQUIREMENTS

The computer, internet access and system operated by you and your ability to use the same may affect your ability to use our Site.  You acknowledge and agree that any system requirements necessary to preview, and /or view any Information from our Site are your responsibility.

5.          MISUSE OF THE SITE

5.1       We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement.  If your access has been suspended or terminated you will not be permitted to re‑access the Site without our prior consent.

5.2       You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.

6.          INDEMNITY

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

7.          ASSIGNMENT

7.1       You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

7.2       We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

8.          GENERAL

8.1       We may require you to change your name or any other information which permits you access to Information on the Site.

8.2        We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

8.3       We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

8.4       The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to enquiries@musicalminis.co.uk.

8.5       We shall not be responsible to you for damages or otherwise in respect of any error made in Information on the Site.

8.6       We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

8.7       We reserve the right to deactivate your registration if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.

8.8       Links to third party websites on the Site are provided solely for your convenience.  If you use these links, you leave the Site.  We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.  We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.  If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

8.9       We welcome ‘hot links’ to the Site, but not ‘deep linking’ by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent.  Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

8.10    It is the responsibility of any third parties on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

9.          INTELLECTUAL PROPERTY RIGHTS

9.1       All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us or licensed to us and is protected by International Copyright laws.  Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

9.2       You will infringe our rights if you copy or reproduce any part of the Site save for:

9.2.1           a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

9.2.2           you printing out any pages from the Site as a record of any Information you have requested or obtained  from it; or

9.2.3           you printing out a copy of these Terms and Conditions which we would request you to do; or

9.2.4           your own personal use provided that:

9.2.4.1              no documents or related graphics on the Site are modified in any way;

9.2.4.2              no graphics on the Site are used separately from the corresponding text; and

9.2.4.3              the Company’s copyright and trade mark notices and this permission notice appear in all copies.

Other than for the above three exceptions you must not copy the intellectual property in question for any purpose.

9.3       For the purposes of this Clause 8 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

10.       DISCLAIMERS

10.1    To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

10.2    You understand and agree that your use of the Site is at your own sole risk.  The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement.  We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

10.3    We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

10.4    Under no circumstances shall we be liable for any unauthorised use of the Site or the Information on it.

10.5    Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

11.       THIRD PARTY RIGHTS

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

12.       LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

13.       ACKNOWLEDGEMENTS

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site.  You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

You acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from our website www.musicalminis.co.uk

Musical Minis Limited is a limited liability company incorporated in England and Wales with Registered Number 2876736 and whose Registered Office is at 80 Moss Lane, Pinner, Middlesex , HA5 3AU.

Information about Online Dispute Resolution: The European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link:  http://ec.europa.eu/consumers/odr.

Our email address is: enquiries@musicalminis.co.uk

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