Learner account terms of use

1. Lessons – we use the word “lessons” to refer to all the individual lessons you arrange to receive from your teacher, whether that be privately or through your school along with the associated content and organisation of those lessons accessed in your account.
2. Practice Sessions – Practice Pal’s supervised practice service is a subscription based account add-on to your free learner account.

1.  These terms are the terms on which we enable, via our digital platform, music lessons given by your school or privately from a teacher (or several teachers if you choose) and/or provide access to supervised practice sessions. They tell you who we are, what we provide you with, how you and we may end or change our contract, what to do if there is a problem, and other important information.

1. Who you are. You are a student of music who wishes to set up a Practice Pal account to receive music lessons from independent freelance teachers or teachers at your school. Alternatively you are the parent or guardian of such a student. In any event, in these terms we will refer to the pupil, parent or guardian as “you”.
2. Who we are. We are Practice Pal Limited a company registered in England and Wales. Our company registration number is 11154632 and our registered office is at 18 Bennett Gardens, London SW16 4QE. 

1. You can contact us using our contact page or by emailing us at [email protected]
2. How we may contact you. If we have to contact you we will do so by writing to you at the email address you have provided to us and register when you set up your account. All notices and other communications are deemed to have been received 24 hours after the time they are sent.

1. Our own service is delivered as a digital platform, but it is your teacher or school who provides the music lessons you receive through the Practice Pal platform. Optional practice sessions are available through our platform as an account add-on with a it’s own subscription plans and terms.

1. You have now created an account with Practice Pal so a contract comes into existence between Practice Pal and you. We have agreed to provide you with access to our platform. As part of your account set up you have established logins/passwords (it is your responsibility to keep these confidential) so that you can access links to your teachers and supervised practice if subscribed. We are then able to make the scheduled lessons available to you.

1. The lessons are facilitated on an “as is” basis. Practice Pal gives no warranty that any lessons or the platform itself will meet your requirements or expectations or satisfy any particular educational need or attainment that you may anticipate. In addition, we are not liable for any action or failure to act on the part of your teacher or school whether or not in relation to your personal data or safeguarding.

1. The lessons are facilitated on an “as is” basis. Practice Pal gives no warranty that any lessons or the platform itself will meet your requirements or expectations or satisfy any particular educational need or attainment that you may anticipate. In addition, we are not liable for any action or failure to act on the part of your teacher or school whether or not in relation to your personal data or safeguarding.

1. We may make changes to the platform or the way in which it works to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. We may sometimes ask you to make any relevant adjustments on your device.

1. Practice Pal is under a legal duty to supply the platform in conformity with the contract you have entered with us. In relation to your key legal rights, the Consumer Rights Act 2015 (“CRA”) states that it must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.

1. Our learner accounts are free and Practice Pal provides only the digital platform that enables your teacher to provide music lessons and in consideration of your adherence to the contract made on these terms. You will make your own payment arrangements with your teacher or school for your lessons. We have no liability in connection with any dispute that may arise with your teacher or school concerning any payment. Practice sessions are a paid service accessed in line with their own payment terms.

1. If we are unable to facilitate any lessons or practice session through our platform for any reason, we will inform you of this by email.

1. • Lessons may not be cancelled through our platform. You must arrange cancellations directly with your teacher. Cancellation policies will be a matter for yourself and your teacher and Practice Pal shall have no liability. The cancellation policy for practice sessions is outlined in the practice subscription terms.

If the availability of any services is delayed by events outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with Practice Pal. We may have to suspend your access to our platform and your ability to access any lessons in order to deal with unforeseen technical problems or make minor technical changes.

1. You may close your account at any time by contacting us by email and telling us. If you do this, you are terminating your contract with Practice Pal. You need not give any reason for ending the contract but you may need to discuss any programmes of lessons to be delivered through the platform with your  teacher or school.
2. We may end the contract if you break it. We may end our contract with you at any time by writing to you if you are in serious breach of any of these terms.

1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. Our liability to you is limited to £100 per incident subject to a maximum cumulative amount of £500 in any period of 12 months. We are not liable for any indirect loss such as wasted expense or loss of opportunity. If you suffer any loss whatsoever you must contact us using the details given in term 4 or by using the form on our website.

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. Our liability to you is limited to £100 per incident subject to a maximum cumulative amount of £500 in any period of 12 months. We are not liable for any indirect loss such as wasted expense or loss of opportunity. If you suffer any loss whatsoever you must contact us using the details given in term 4 or by using the form on our website.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our services for any failure to supply them with reasonable skill and care; or for breaching the CRA if the platform does not conform to its description, or is not fit for purpose nor of satisfactory quality. This term is subject to term 8 as it is not our liability if any teacher provides an inadequate service, because we only provide a platform which teachers  use for teaching purposes.
3. When we are liable for damage to your property. If the platform or its use by you  damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update or technical solution offered to you free of charge or for damage which was caused by you failing to correctly follow downloading or platform access instructions or to have in place any minimum system requirements advised by Practice Pal.
4. We are not liable for business losses. The platform only allows access to the lessons  for your own private educational use . If you use them in any way for any commercial or business or sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1. You may not in any event transmit, circulate, broadcast or re-record any lessons or share your password with anybody else. You must ensure that no other person is able to view or access any lessons. If our software detects that you are making any kind or audio or visual recording of any session (whether all or it or some of it) or facilitating others to do so, or we suspect on reasonable grounds that this might be happening, Practice Pal reserves the right to suspend your access to the platform while we carry out further investigations.

1. Copyright and related rights and all other intellectual property rights in the platform itself and its underlying software are reserved by Practice Pal. You receive from us a non-exclusive, worldwide, paid up licence for as long as the contract is in force to make use of the platform privately for the purpose of receiving the lessons. We and you acknowledge that your private teacher or school retains all intellectual property rights in the lessons themselves which it allows us to host on our platform.

1. We will only use your personal information we have about you as set out in our Privacy Policy which you can read at www.practicepalmusic.com/privacy-policy. We may need to retain all or some of your personal information after the contract is terminated. We explain this further in our Privacy Policy.

1. We may transfer our rights and obligations under these terms to another organisation which might be another company in the same group of companies as Practice Pal. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 5 working days of us telling you about it.

1. The contract on these terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

1. If a court finds part of this contract illegal, the rest will continue in force. Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
2. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. .
3. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
4.  

1. If you have any questions or complaints about Practice Pal’s service, please contact us using the email or telephone number shown in term 4.