Practice Student Terms of Use

These terms are the terms and on which we provide mentor supervised practice to you via our digital platform. They tell you who we are, what we provide to you, how you and we may end or change our contract, what to do if there is a problem and other important information.

1. 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. We are not presently registered for VAT.
2. You are a student of music who wishes to receive supervised musical instrument practice sessions from one or more of our mentors. Alternatively you are the parent or guardian of such a student if the student is below 18 years of age. In any event, in these terms we will refer to the student, parent or guardian who accepts these terms as “you”.
3. “Mentors” are musicians with extensive performance experience who we have retained as our sub-contractors for the sole purpose of supervising your music practice sessions online through the Practice Pal platform. The qualifications and musical experience of our mentors has been rigorously evaluated by Practice Pal. All of our mentors have been subject to enhanced and regularly refreshed DBS checks. They are bound by Practice Pal’s safeguarding policies and procedures.

1. You can contact us immediately using our contact page or by emailing us at [email protected].
2. 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. We deliver practice supervision sessions (“sessions”) by our mentors as digital content through our platform and the sessions are services in their own right. The sessions are individually fixed periods of mentor practice supervision. As many or as few sessions of mentor practice may be accessed on our platform by you as you choose.
2. How the contract is made: You have set up 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. We obtain information from you such as your account details and other information relevant to payment so that we can debit your account for the sessions you access. You will establish logins/passwords (it is your responsibility to keep these confidential). We create links to your mentors and explain generally how the platform works and then make the sessions available to you.
3. Disclaimer: The sessions are provided on an “as is” basis. Practice Pal gives no warranty that any sessions or their content will meet your requirements or expectations or satisfy any particular educational or performance need or attainment that you may anticipate. In addition, we are not liable for any action or failure to act on the part of any mentor whether or not in relation to your personal data but we have a responsibility to you to make sure that mentors adhere to Practice Pal’s safeguarding policies and procedures.
4. Changes to our services: We may make changes to the platform or the way in which it works as well as how the sessions are presented or delivered 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 to your device.

1. Practice Pal is under a legal duty to supply the platform as well as the session content that are in conformity with the contract you have made with us. In relation to your key legal rights, the Consumer Rights Act 2015 (“CRA”) states that digital content must be as described, fit for purpose and of satisfactory quality and the service itself provided by the mentors can be rearranged and repeated if any mentor does not supervise your practice using his or her reasonable care and skill. Nothing in these terms will affect your legal rights.

1. Your subscription plan will be charged in accordance with the subscription rates published on our website at the beginning of each week (Sunday after 11pm) for the following week’s practice sessions by Stripe, our payment processor. Payments taken from you may appear denoted on your statement as either “Practice Pal sessions” or “Stripe Technologies”. We ask you to ensure that your bank or credit card account details are always kept up to date. If there are any problems with payment, you must notify Stripe through the contact details we make available to you, but please also keep us informed.
2. Where to find the subscription rates. The subscription rates charged for the sessions are published on our website and we will give you at least 3 days’ notice if we make any changes. We take all reasonable care to ensure that these rates are shown correctly.
3. Errors. If we discover an error in any of the rates shown, we will debit from your account the payments due on the basis of whichever of the correct and the incorrect rate is the lowest.
4. What to do if you think an invoice is wrong. If you think a deduction from your account or a charge to your credit card is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
5. If we cannot provide you with any sessions. If we are unable to provide you with any sessions for any reason, we will inform you of this by email and the cost of the sessions will be discounted from your next subscription payment. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because Stripe is unable for any reason to accept your payment information.

1. Your right to cancel any sessions. You may rearrange any session up to 24hrs before the session begins. You may cancel or pause your subscription at any time online through your account before 11pm on Sunday evenings, any weekly subscription fees already paid are not refundable.
2. Our right to cancel any sessions. Practice Pal may on occasion need to cancel sessions when the mentor is unavailable for any reason. This may sometimes happen with very short notice. If this happens, we will contact you as soon as possible and you will not be charged for the cancelled session.
3. We are not responsible for delays outside our control. If the availability of any session 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 supervised practice sessions or use of our other services in order to deal with unforeseen technical problems or make minor technical changes.

1. Termination of the contract. 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 and you will be cancelling any sessions that you may have booked. Any weekly subscription fees already paid are not refundable.
2. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You do not have a right to change your mind and avoid any payment if your change of mind comes after you have started to access any particular session. However, if you open an account with us but do not access any sessions on the platform, you have 14 days (but you must still cancel individual sessions booked giving us at least 48 notice in accordance with term 17)  from the date you open your account to change your mind and cancel the contract (providing you do not access any sessions during that period). It will not be the case that Practice Pal would refund any money, since weekly payments are only due after you have accessed sessions during that week.
3. 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 fail to make any payment due to Practice Pal when it is due and you still do not make that payment within 5 working days of us reminding you by email that it is due.

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 (including any mentors), for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the sessions 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 however subject to term 9 with respect to your expectations when you access any sessions.
3. When we are liable for damage to your property. If there is any defective digital in our platform and it 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 our platform access instructions or to have in place the minimum system requirements advised by Practice Pal.
4. We are not liable for business losses. We provide the sessions only for private educational use by pupils. If you use any session for any commercial or business or re-sale purpose, you are in breach of this term and we will in any event 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 sessions or share your password with anybody else. You must ensure that no other person is able to view or access any sessions. 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.

Copyright and related rights and all other intellectual property rights including performers’ property rights are reserved by Practice Pal because they have been transferred (where capable of transfer) to us by the mentors under our contract with them. You receive from us a non-exclusive licence to view the content of the sessions in which you participate and any mentor notes made in relation to them.

1. We will only use the personal information we have about you as set out in our Privacy Policy, which may be viewed 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. Practice Pal does not retain your payment details or other financial information about you. These are held by Stripe.

1. We may transfer this agreement to someone else. 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.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under the contract. 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. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment 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.

1. Questions or complaints? If you have any questions or complaints about Practice Pal’s service, you can contact us immediately using our contact page or by emailing us at [email protected].