Terms and Conditions of Use
1. Introduction
1.1 These terms and conditions shall govern your
use of our website and website materials.
1.2 By using our website, you accept these terms
and conditions in full; accordingly, if you disagree with these terms and
conditions or any part of these terms and conditions, you must not use our
website.
1.3 If you register with our website, or use any
of our website services, we will ask you to expressly agree to these terms and
conditions.
1.4 You must be at least 18 years of age to use
our website; by using our website or agreeing to these terms and conditions,
you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright © 2020,
Dynamic Meladies Limited
2.2 Subject to the
express provisions of these terms and conditions:
(a) we, together
with our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
(b) all the
copyright and other intellectual property rights in our website and the
material on our website are reserved.
3. Permission to use website
3.1 You may:
(a) view pages
from our website in a web browser;
(b) download pages
from our website for caching in a web browser;
(c) print pages from
our website for your own personal use, providing that such printing is not
systematic or excessive;
(d) stream audio
and video files from our website using the media player on our website;
(e) download
documents and other files from our website that are specified on the website as
downloadable, store and view them on your computer, and print copies of them, in
each case for your own personal use, and providing that such printing is not
systematic or excessive; and
subject to
the other provisions of these terms and conditions, and providing that you will
have no right to access or use materials that are only available under a
subscription unless you have purchased a relevant subscription and that
subscription is current.
3.2 Except as
expressly permitted by Section 3.1 or the other provisions of these terms and
conditions, you must not download any material from our website or save any
such material to your computer.
3.3 You may only
use our website for your own personal purposes; you must not use our website
for any other purposes.
3.4 Except as
expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
3.5 We reserve the
right to suspend or restrict access to our website, to areas of our website
and/or to functionality upon our website. We may, for example, suspend access
to the website during server maintenance or when we update the website. You
must not circumvent or bypass, or attempt to circumvent or bypass, any access
restriction measures on the website.
4. Intellectual Property
4.1 All intellectual property rights (including but not limited to
copyright) for all classes, courses, products and events shall, at all times, belong
to us and remain vested in us. Neither you nor any other person shall obtain
any intellectual property rights or any other interest, right or title
whatsoever in or to any materials relating to any of these or any part thereof,
save as otherwise expressly granted under these terms of supply.
4.2 If you purchase a class or course for which we provide you with
materials, we hereby grant you a non-transferable, non-exclusive licence to use
those materials strictly for the purpose of participating in the class or
course and for your own educational, non-commercial purposes.
4.3 You shall ensure that all such class and course materials are
only made available to and accessed by you in accordance with clauses 3, 6 and 7 and you must not make available,
copy, reproduce, disseminate, retransmit, sub-license, distribute, sell,
publish, broadcast or otherwise supply in any medium, or in any manner, any
such materials (or any part of them) to any third party.
5. Misuse of website
5.1 You must not:
(a) use our
website in any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability, accessibility,
integrity or security of the website;
(b) use our
website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c) hack or
otherwise tamper with our website;
(d) probe, scan or
test the vulnerability of our website without our permission;
(e) circumvent any
authentication or security systems or processes on or relating to our website;
(f) use our
website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software;
(g) do anything that interferes with the normal
use of our website.
6. Registration and accounts
6.1 You may
register for an account with our website by completing and submitting the
account registration form on our website.
6.2 You must not
allow any other person to use your account to access the website.
6.3 You must
notify us in writing immediately if you become aware of any unauthorized use of
your account.
6.4 You must not
use any other person's account to access the website
7. User login details
7.1 If you
register for an account with our website, we will provide you with OR you will
be asked to choose, a user ID and password.
7.2 Your user ID
must not be liable to mislead and must comply with the content rules set out in
clause 13; you must not use your account or user ID for
or in connection with the impersonation of any person.
7.3 You must keep
your password confidential.
7.4 You must
notify us in writing immediately if you become aware of any disclosure of your
password.
7.5 You are
responsible for any activity on our website arising out of any failure to keep
your password confidential and may be held liable for any losses arising out of
such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) edit your
account details;
(b) temporarily
suspend your account; and/or
(c) cancel your
account,
at any time
in our sole discretion, providing that if we cancel any services you have paid
for and you have not breached these terms and conditions, you will be entitled
to a refund of any amounts paid to us in respect of those services that were to
be provided by us to you after the date of such cancellation; we will give you
reasonable written notice of any cancellation under this Section 8.1.
8.2 You may cancel
your account on our website using your account control panel on the website.
You will not be entitled to any refund if you cancel your account in accordance
with this Section 8.2.
9. Training course subscriptions
9.1 To become a
subscriber to a training course on our website, you must pay the applicable
subscription fees during the account registration procedure OR after you have
registered for an account with our website. Once your order is accepted, we
will send you an order confirmation, at which point the contract between us for
the supply of the website services shall come into force.
9.2 For so long as
your account and subscription remain active in accordance with these terms and
conditions and subject to the other provisions of these terms and conditions,
you will have access to the course materials and website features specified on
our website in relation to the training course for which you have subscribed.
9.3 At the end of
any period of subscription for which you have paid, and subject to the other
provisions of these terms and conditions, your subscription will be
automatically renewed, if you have authorized this, unless you cancel the
subscription using the cancellation facility on our website before the date of
renewal OR your subscription will be automatically cancelled, unless you renew
the subscription and pay the applicable subscription fees.
10. Fees
10.1 The
fees in respect of our website services will be as set out on the website,
except in cases of obvious error.
10.2 You must pay
to us the fees in respect of our website services in advance, in cleared funds,
in accordance with any instructions on our website.
10.3 We may vary
fees from time to time by posting new fees on our website, but this will not
affect fees for services that have been previously paid.
10.4 If you dispute
any payment made to us, you must contact us immediately and provide full
details of your claim.
10.5 If you owe us
any amount under or relating to these terms and conditions, we may suspend or
withdraw the provision of services to you.
10.6 It is always
possible that, despite our best efforts, some of the classes, courses, events
or products listed on our site may be incorrectly priced. We will normally
verify prices as part of our order confirmation procedure. If the correct price
is higher than as stated on our website we will normally, at our discretion,
either contact you for instructions or reject your order and notify you of such
rejection.
10.7 We are under
no obligation to provide any class, course, product or event to you at the
incorrect lower price, even after we have sent you an order confirmation, if
the pricing error is obvious and unmistakable and could have reasonably been
recognized by you as an error.
11. Consumer rights and cancellation
11.1 By downloading
or accessing digital materials through our website within the ‘cooling off’
14-day period, you acknowledge that you are losing your right to cancel. You will
not have the right to cancel a digital purchase or be entitled to a refund once
the download or access has begun. If you have an issue with a product you have
purchased, please email info@dynamicmeladies.co.uk and we
will respond within 72 working hours.
12. Our rights to use your content
12.1 In these terms
and conditions, "your content" means all works and materials
(including without limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files) that you submit
to us or our website for storage or publication on, processing by, or transmission
via, our website.
12.2 You grant to
us a worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute your content in any
existing or future media OR reproduce, store and publish your content on and in
relation to this website and any successor website.
12.3 Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
13. Rules about your content
13.1 You warrant
and represent that your content will comply with these terms and conditions.
13.2 Your content
must not be illegal or unlawful, must not infringe any person's legal rights,
and must not be capable of giving rise to legal action against any person (in
each case in any jurisdiction and under any applicable law).
14. Limited warranties
14.1 We reserve the
right to discontinue or alter any or all of our website services, and to stop
publishing our website, at any time in our sole discretion without notice or
explanation; and save to the extent expressly provided otherwise in these terms
and conditions, you will not be entitled to any compensation or other payment
upon the discontinuance or alteration of any website services, or if we stop
publishing the website.
15. Data
Protection
15.1 In relation to
any personal data provided to us by you, or on your behalf, you agree that we
may use such personal data to perform our obligations to you and enforce our
rights under any contract.
15.2 Furthermore,
you agree that any such personal data will be processed in accordance with our Privacy
Policy (as amended by us from time to time).
16. Limitations and exclusions of liability
16.1 Nothing in
these terms and conditions will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law,
and, if you
are a consumer, your statutory rights will not be excluded or limited by these
terms and conditions, except to the extent permitted by law.
16.2 The
limitations and exclusions of liability set out in this Section 16 and
elsewhere in these terms and conditions:
(a) are subject
to Section 16.1; and
(b) govern all
liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.
16.3 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
16.4 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
16.5 Our maximum
aggregate liability in respect of any claim arising out of any contract,
whether in contract, tort (including negligence), breach of statutory duty or
otherwise, shall not exceed the total sum paid for the particular class,
course, product or event giving rise to the claim.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform,
or any delay in performance of, any of our obligations under a contract that is
caused by events outside of our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes in particular
(without limitation) the following:
(a) strikes, lockouts or other industrial
action;
(b) civil commotion,
riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war;
(c) fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster
(d) impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport;
(e) impossibility of the use of public or
private telecommunications networks; and
(f) the acts, decrees, legislation,
regulations, or restrictions of any government
17.3 Our performance under any contract is deemed to be suspended for
the period that the Force Majeure Event continues, and we will have an
extension of time for performance for the duration of that period.
18. Written communications
18.1 Applicable laws
require that some of the information or communications we send to you should be
in writing. You accept that communication with us may be mainly electronic. We
will contact you by email or provide you with information by posting notices on
our website. For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any
legal requirements that such communications be in writing. This condition does
not affect your statutory rights as a consumer.
19. Breaches of these terms and conditions
19.1 Without
prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) temporarily
suspend your access to our website;
(b) permanently
prohibit you from accessing our website;
(c) suspend or
delete your account on our website.
19.2 Where we
suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or
prohibition or blocking including, without limitation, creating and/or using a
different account.
20. Waivers
20.1 If we fail, at
any time during the term of a contract, to insist upon strict performance of
any of your obligations under the contract, or any of these terms of supply, or
if we fail to exercise any of the rights or remedies to which we are entitled
under the contract, this will not constitute a waiver of such rights or
remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us
of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by
us of any of these terms of supply will be effective unless it is expressly
stated to be a waiver and is communicated to you in writing.
21. Third party websites
21.1 Our website
includes hyperlinks to other websites owned and operated by third parties; such
hyperlinks are not recommendations.
21.2 We have no
control over third party websites and their contents, and subject to Section
16.1 we accept no responsibility for them or for any loss or damage that may
arise from your use of them.
22. Trade marks
22.1 Our logos and
our other registered and unregistered trade marks are trade marks belonging to
us; we give no permission for the use of these trade marks, and such use may
constitute an infringement of our rights.
23. Variation
23.1 We may revise
these terms and conditions from time to time.
23.2 We will give
you written notice of any revision of these terms and conditions, and the
revised terms and conditions will apply to the use of our website from the date
that we give you such notice; if you do not agree to the revised terms and
conditions, you must stop using our website.
24. Severability
24.1 If any of
these terms of supply or any provisions of a contract are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
25. Entire agreement
25.1 Subject to
Section 16.1, these terms and conditions, together with our Privacy Policy shall constitute the entire agreement between you and us in relation to
your use of our website and shall supersede all previous agreements between you
and us in relation to your use of our website.
26. Law and jurisdiction
26.1 These terms
and conditions shall be governed by and construed in accordance with Scottish
law.
26.2 Any disputes
relating to these terms and conditions shall be subject to the non-exclusive
jurisdiction of the courts of Scotland.
27. Our details
27.1 This website
is owned and operated by Dynamic Meladies Limited.
27.2 We are
registered in Scotland under registration number SC478502 and our registered
office is at 5B Broomhill Terrace, Glasgow G11 7AG.
27.3 You can
contact us:
(a) using our
website contact form;
(c) by telephone,
on the contact number published on our website; or
(d) by email,
using the email address published on our website.
