PIANO MASTERY SYSTEM — 90-DAY GUARANTEE
Terms and Conditions
1. Definitions and interpretation
1.1 In these Terms, the following expressions have the following meanings:
- "the Provider"
- Richard James, of 121-123 Gloucester Road, Brighton, trading as Piano Mastery System.
- "the Course"
- the Piano Mastery System online programme comprising twenty modules, the Start Here module, associated materials, and the Live Lessons.
- "the Application"
- the Precision Practice application supplied to the Participant as part of the Course.
- "the Participant"
- the individual who has purchased the Course and who seeks to rely upon the Guarantee.
- "the Guarantee"
- the remedies set out at clause 10, available solely on the terms set out in this document.
- "the Guarantee Period"
- the period of ninety (90) consecutive days commencing in accordance with clause 3.2.
- "the Target Piece"
- the single piece of music nominated by the Participant and approved by the Provider in accordance with clause 4.
- "the Baseline Recordings"
- the three video recordings submitted by the Participant under clause 4.2.
- "the Live Lessons"
- the group instruction sessions delivered by the Provider, each of a minimum duration of one hour.
- "a Practice Day"
- a period running from 00:00 to 23:59 in the time zone configured within the Application.
- "the Claim Window"
- the period commencing on day 91 and expiring at the end of day 105 of the Guarantee Period.
1.2 Headings are for convenience only and do not affect the construction of these Terms.
1.3 The singular includes the plural and vice versa, and references to a gender include every gender.
1.4 Any reference to "in writing" includes electronic mail sent to the address published by the Provider for that purpose.
2. Nature and application of the Guarantee
2.1 The Guarantee is a voluntary contractual undertaking offered by the Provider in addition to, and not in substitution for, the Participant's rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2.2 Nothing in these Terms operates to exclude, restrict or vary any right or remedy conferred upon the Participant by statute.
2.3 The Guarantee is personal to the Participant and is not assignable, transferable or capable of being exercised by any third party.
2.4 The Participant may make one claim under the Guarantee only, and may do so once only in his or her lifetime, irrespective of the number of purchases made.
2.5 The conditions set out at clauses 3 to 8 are conditions precedent to any entitlement under the Guarantee. Each such condition is material.
3. Commencement of the Guarantee Period
3.1 The Participant shall, within five (5) days of the date of purchase, log in to the Course, commence viewing the Start Here module, and complete configuration of the Application.
3.2 The Guarantee Period commences on the date of the Participant's first login to the Application. The Participant shall complete a qualifying practice session, as defined at clause 5, on that same date.
3.3 Where the Participant fails to comply with clause 3.1, the Guarantee shall not come into effect. For the avoidance of doubt, such failure does not constitute a breach of these Terms but rather a failure to satisfy the conditions upon which the Guarantee is offered, and the Participant's access to and enjoyment of the Course is unaffected.
4. The Target Piece and Baseline Recordings
4.1 The Participant shall, within forty-eight (48) hours of first login to the Application, submit the guarantee form contained within the Start Here module.
4.2 The said form shall include the Participant's nomination of the Target Piece together with three video recordings evidencing the Participant's ability as at the date of submission, namely:
4.2.1 an attempt at the Target Piece;
4.2.2 a demonstration of the Participant's ability to read musical notation, performed using the excerpt supplied by the Provider; and
4.2.3 an attempt at the exercise supplied by the Provider, performed hands together.
4.3 The Target Piece shall be of a standard not exceeding ABRSM Grade 3. Works illustrative of the said standard are provided for reference at Sample 1, Sample 2 and Sample 3. The Provider shall be the sole judge of whether a nominated piece satisfies this requirement, and the said samples are provided by way of illustration only and are not exhaustive.
4.4 The Provider shall notify the Participant of approval or rejection of the nominated piece within forty-eight (48) hours of submission. The Guarantee Period shall not be suspended, extended or otherwise affected pending such notification.
4.5 Once approved, the Target Piece may not be substituted, varied or withdrawn under any circumstances.
4.6 Video files submitted under clause 4.2 must be of a file size capable of transmission through the Provider's form. Where a submission fails by reason of file size or otherwise, the submission shall be deemed not to have been made, and the time limit at clause 4.1 shall continue to run.
5. Daily practice requirement
5.1 The Participant shall, on each and every Practice Day throughout the Guarantee Period, and without exception, complete a minimum of ten (10) minutes of continuous practice recorded by the timing function within the Application.
5.2 Practice shall be timed within the Application. The timing function ceases upon the Participant navigating away from the Application, whether on mobile or desktop, and any period so interrupted shall not count toward the minimum at clause 5.1.
5.3 Prior to commencing each session the Participant shall record within the Application the intended content of that session and the objective to be pursued.
5.4 The requirement at clause 5.1 must be satisfied on ninety (90) consecutive Practice Days. Practice undertaken in excess of the minimum on any Practice Day shall not be carried forward to, or applied in satisfaction of, any other Practice Day.
5.5 No entry may be created, amended or completed after the expiry of the Practice Day to which it relates. Any attempt to do so shall void the Guarantee pursuant to clause 12.
5.6 Failure to satisfy clause 5.1 on any single Practice Day shall terminate the Guarantee with immediate effect.
5.7 Inadequate internet connectivity or bandwidth on the part of the Participant shall not constitute an excuse for non-compliance.
5.8 In the event of failure, outage or data loss affecting the Application, the Participant shall notify the Provider in writing, specifying the date and time of the said failure, as soon as reasonably practicable.
6. Daily review recordings
6.1 The Participant shall, upon conclusion of each practice session, create a video recording of approximately thirty (30) seconds in duration describing the content of that session.
6.2 Such recordings shall be retained by the Participant upon his or her own device and need not be submitted to the Provider in the ordinary course.
6.3 The Participant shall produce the said recordings upon request in the event that the Provider disputes, or requires corroboration of, any part of the Participant's practice record.
7. Attendance at Live Lessons
7.1 Three Live Lessons shall fall within the Guarantee Period. The Participant shall attend all three.
7.2 Attendance shall be for a minimum period of one (1) hour in respect of each Live Lesson, and shall be recorded automatically by the Provider's systems.
7.3 Where the Participant is unable to attend a Live Lesson, he or she shall notify the Provider in writing before the commencement of that Lesson, stating the reason for non-attendance. The Provider may accept such explanation at its absolute discretion, and where accepted the Participant shall be required to view the recording of that Lesson.
7.4 Notification given after the commencement of a Live Lesson shall not be accepted save in the case of an emergency capable of substantiation.
7.5 Non-attendance without prior notification in accordance with clause 7.3 shall void the Guarantee.
7.6 The Live Lessons are delivered to participants in a group setting. No individual or one-to-one instruction is included within the Course or the Guarantee.
7.7 Where the Provider cancels, reschedules or fails to deliver a Live Lesson falling within the Guarantee Period, the Guarantee Period shall be extended by such period as is necessary to permit the Participant to attend three Live Lessons. No application by the Participant is required.
8. Qualification
8.1 A claim shall qualify under the Guarantee only where, upon expiry of the Guarantee Period, the Participant remains unable to perform the Target Piece.
8.2 The Participant's ability to read musical notation and to perform hands together shall be assessed as supporting evidence by reference to the Baseline Recordings, but the Target Piece shall be determinative.
9. Claims procedure
9.1 A claim shall be submitted within the Claim Window. No claim submitted before day 91 or after the expiry of day 105 shall be entertained.
9.2 The Participant shall submit three video recordings corresponding to those described at clause 4.2, made as at the date of claim, together with the Participant's complete practice record as held within the Application.
9.3 The Provider shall assess each claim personally. Where the material submitted is unclear, or where the Provider does not accept the claim as made, the Provider shall arrange a live assessment of the Participant prior to determination.
9.4 Determination of a claim is a matter for the absolute discretion of the Provider, and the decision of the Provider shall be final.
10. Remedies upon a successful claim
10.1 Where a claim is determined in the Participant's favour, the Provider shall:
10.1.1 refund in full the sum paid by the Participant for the Course;
10.1.2 permit the Participant to retain lifetime access to all twenty modules of the Course;
10.1.3 permit the Participant to retain his or her place in the Live Lessons, such entitlement subsisting for so long as the Participant continues to comply with clauses 5 and 6; and
10.1.4 pay to the Participant the sum of one hundred pounds sterling (£100).
10.2 The entitlement at clause 10.1.3 shall cease upon the Participant ceasing to record practice in accordance with clause 5 or to create review recordings in accordance with clause 6.
11. Payment
11.1 Sums due under clause 10.1 shall be paid within thirty (30) days of the date of determination.
11.2 The Participant shall supply bank account details by means of the secure form provided by the Provider within seven (7) days of the date of determination. Failure to do so shall extinguish the entitlement to payment.
11.3 All payments shall be made in pounds sterling irrespective of the Participant's country of residence. Any charge arising in respect of currency conversion, receipt or intermediary banking shall be borne by the Participant.
11.4 The Provider shall bear no responsibility in respect of funds following transfer, nor in respect of any taxation liability arising in the Participant's jurisdiction.
12. Events voiding the Guarantee
12.1 The Guarantee shall be void, and any claim made or pending shall be of no effect, upon the occurrence of any of the following:
12.1.1 the creation or amendment of any practice entry after the expiry of the Practice Day to which it relates;
12.1.2 the falsification of any part of the practice record or of any recording submitted or retained under these Terms;
12.1.3 non-attendance at a Live Lesson without prior notification in accordance with clause 7.3;
12.1.4 the initiation of a chargeback or payment dispute in respect of the Course;
12.1.5 the sharing of the Participant's account credentials with any other person;
12.1.6 the copying, duplication, redistribution or resale of any material comprised within the Course; or
12.1.7 conduct toward the Provider, its instructors or other participants which is abusive or threatening, whether verbal, written or implied. Conduct falling within this sub-clause may in addition be reported to the relevant authorities.
13. General
13.1 No failure or delay by the Provider in exercising any right under these Terms shall operate as a waiver of that right.
13.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 These Terms constitute the entire agreement between the parties in respect of the Guarantee and supersede all prior representations, whether written or oral.
13.4 The Provider reserves the right to amend these Terms in respect of purchases made after the date of amendment. No amendment shall operate retrospectively to the detriment of a Participant whose Guarantee Period has already commenced.
13.5 These Terms are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.