Terms and Conditions
Terms and Conditions of Use
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.
10.1 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 firstname.lastname@example.org 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.
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.
20.1 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.
23.1 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.
24.1 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
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.