TERMS of Sale
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Lesson, [and] Paid Content, accessed via Subscriptions, is sold by Us to consumers through this website, https://www.emmaready.one/ (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Lesson or Paid Content a Subscription. You will be required to read and accept these Terms of Sale when booking a Lesson or ordering Paid Content or a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Lesson or a Subscription and access Paid Content through Our Site.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”
means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
“Paid Content”
means the digital content sold by Us through Our Site;
“Lesson”
means a 121 or group training session with Emma Ready, online or in person, duration starting from 45 minutes;
“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Subscription”
means a subscription to Our Site providing access to Paid Content;
“Subscription Confirmation”
means our acceptance and confirmation of your purchase of a Subscription;
“Subscription ID”
means the reference number for your Subscription; and
“We/Us/Our”
means Emma Hamilton t/a Emma Ready, 129/7 Great Junction Street, Edinburgh EH6 5JB.
Information About Us
Our Site, https://www.emmaready.one/, is owned and operated by Emma Hamilton.
Age Restrictions
Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least 18 years of age.
Business Customers
These Terms of Sale do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of business. If you are a business customer, please contact us on emma@emmaready.one.
Lessons – booking and cancellation
All Lessons must be booked in advance. You should book a lesson with Us <<by email, or through Our Site>>. Together we will agree all matters relating to each lesson including, but not limited to, date, time, location and duration.
Your request to book a lesson will be an offer, but whether We accept any request will be for Us to decide in our discretion. Only if and when we tell you that We accept your request for any particular lesson(s) will there be a binding contract between you and us for that/those lesson(s).
If You wish to make a booking for two or more lessons by means of a single booking, and in Our discretion we accept that booking, Our contract with you will be for all of the lessons concerned.
[If you know You are going to be late for a lesson, you should contact Us to tell Us. If You arrive (or are not ready) later than ten minutes after the scheduled start time for Your booked lesson, We will try to provide that lesson but if we decide that We cannot do so, the lesson will be treated as cancelled without notice by you and, if we then decide to make a charge for that lesson cancelled without notice, sub-Clause 5.7 below will apply.]
You may cancel a lesson without charge if You give Us at least 48 hours prior notice of the cancellation and if You do so We will refund to You any sum You paid Us in advance;
If We wish to cancel a lesson, We may do so without incurring any liability to You (and You will not have to pay for that lesson) if We give You at least 48 hours prior notice, but if We do not give You at least that minimum notice, We shall be liable for and shall credit You with an additional lesson at no charge.
Notwithstanding sub-Clause 5.6, We may, without incurring any liability to You, cancel a booked Lesson at any time before the start time of that Lesson, where either:
due to illness or other reason beyond Our reasonable control, we are not available or able to provide the lesson fully or properly. If We cancel a lesson in such circumstances, we will refund to You in full any advance payment that You have made for that lesson; or
we have reason to believe that You are not fit to participate in the lesson at the time of the lesson due to any factors. If We cancel the lesson for such reason, we shall be entitled, at our discretion, either to charge You for that lesson or not to do so but in deciding whether to charge You we shall act reasonably.
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 5.8 and they will be in addition to the rights given to You by the above provisions of this Clause 5. You may for any reason cancel any lesson(s) during the 14 day period after we accept the booking for it/them, but if the booking includes any lesson(s) on a date which is before the end of that period and if You have expressly requested us to provide any such lesson(s) and we do so, You may not cancel that or those requested lesson(s) and You must pay for them in accordance with Clause 10, and You may then only cancel any other lesson(s) covered by that booking. If You request that any lesson be cancelled, You must confirm this in any way convenient to You. If You cancel any lesson(s) as allowed by this Sub-clause 5.8, and You have already made any payment(s) to Us for the lesson(s), we will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the lesson(s) that You have received.
Lessons – our obligations
We shall, at all times use our reasonable endeavours to provide [dance] instruction at the agreed lesson times and will be professional and courteous towards you.
Lessons – your obligations
You confirm that, in connection with your request(s) to receive dance tuition from us, you are and will be a “consumer” as defined above.
You must inform us of any medical conditions or prescribed medication which may affect your ability to dance; and
If you fail to comply with sub-clauses 7.1 and 7.2 above, we may immediately cancel one or more lessons. If we do so, we may in our discretion still charge for the cancelled lessons.
Subscriptions, Paid Content, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from us correspond to the actual Subscription and Paid Content that you will receive.
We may from time to time change our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 14.1.
Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
In some cases, as described in the relevant content descriptions, we may also make more significant changes to the Paid Content. If we do so, we will inform you at least 14 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 14.1.
Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.
If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 14.4.
If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Orders – How Contracts Are Formed
Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
Subscription Confirmations shall contain the following information:
[Your Subscription ID];
Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
Fully itemised pricing for your Subscription including, where appropriate, other additional charges;
The duration of your Subscription (including the start date, and the [expiry] AND/OR [renewal date]);
Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 11.1.
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will 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 within 14 days.
Any refunds under this Clause 9 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Subscription.
Payment
Payment for Lessons, Subscriptions and Paid Content must always be made in advance. Your chosen payment method will be charged when we process your order and send you a [Subscription] Confirmation (this usually occurs immediately and you will be shown a message confirming your payment) or Lesson Confirmation.
We accept the following methods of payment on Our Site:
If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 11.5. If you do not make payment within 48 hours of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
If you believe that We have charged you an incorrect amount, please contact Us at emma@emmaready.one as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
Provision of Paid Content
Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more information.
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
To fix technical problems or to make necessary minor technical changes;
To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
To make more significant changes to the Paid Content, as described above in sub-Clause 8.5.
If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 11.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 48 hours. If the suspension lasts (or We tell you that it is going to last) for more than 7 days, you may end the Contract as described below in sub-Clause 14.2.
We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 48 hours of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
Any refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.
Licence
When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
The licence granted to you under sub-Clause 12.1 is subject to the following usage restrictions and/or permissions: you may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
Problems with the Paid Content
By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
If the Paid Content has faults, you will be entitled to a repair or a replacement.
If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause 13.3 for more information.
Please note that We will not be liable under this Clause 13 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
If there is a problem with any Paid Content, please contact Us at emma@emmaready.one.
Refunds (whether full or partial, including reductions in price) under this Clause 13 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
Refunds under this Clause 13 will be made using the same payment method that you used when purchasing your Subscription.
Cancelling Your Subscription
If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 14.3 and Clause 15, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
If you wish to exercise your right to cancel under this Clause 14, you may inform Us of your cancellation by email emma@emmaready.one, providing Us with your name, address, email address, telephone number, and Subscription ID.
Refunds under this Clause 14 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 14 will be made using the same payment method that you used when purchasing your Subscription.
Your Other Rights to End the Contract
You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 11.3 or 11.5), or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
If We have suspended availability of the Paid Content for more than 7 days, or We have informed you that We are going to suspend availability for more than 7 days, you may end the Contract immediately, as described in sub-Clause 11.4. If you end the Contract for this reason, We will issue you with a pro rata refund equal to remaining time left.
If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. If you end the Contract for this reason, We will issue you with a pro rata refund equal to remaining time left.
If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro rata refund equal to remaining time left refund.
You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Refunds under this Clause 15 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
If you wish to exercise your right to cancel under this Clause 15, please use the following address: email: emma@emmaready.one providing Us with your name, address, email address, telephone number, and Subscription ID.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. 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 the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. 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.
If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
The damage has been caused by your own failure to follow Our instructions; or
Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.
You hereby acknowledge and accept that you will take full responsibility for your health, life and well-being, as well as the health, lives and well-being of persons for whom you are responsible. You hereby accept that if you engage in any Paid Content activity, that there is the possibility of physical injury and you agree that you (i) are doing so at your own risk, (ii) assume all risk of injury to yourself (and others for whom you are responsible), and (iii) agree to free and relieve Us from any and all claims or causes of action (including but not limited to, for the avoidance of doubt, any personal injury, property damage or wrongful death), known or unknown, arising out of your participation in any Paid Content activity. Any information We provide is not intended to be a substitute for professional medical advice, diagnosis or treatment. You undertake not to disregard professional medical advice, or delay in seeking it, because of something you hear or have heard or read on either the Site or on the Paid Content. We cannot guarantee positive results, improvements or outcomes or success with regard to your participation in any Paid Content activity.
Contacting Us/Complaints/Feedback
If you wish to contact Us you may contact Us by email at emma@emmaready.one.
How We Use Your Personal Information (Data Protection)
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 rights under the GDPR.
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 rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy <<insert link to Privacy Policy>>.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (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 of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
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 of Sale.
If any of the provisions of these Terms of Sale 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 of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 15.1 above).
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with Scots law.