Terms and Conditions Terms and conditions of use For Terms and Conditions relating to purchases from our shop, please click here Introduction 1.1 These terms and conditions shall govern your use of our website. 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 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  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  years of age. Credit 2.1 This document was created using a template from Docular (https://docular.net). Copyright notice 3.1 Copyright (c) 2022 British Kodaly Academy 3.2 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. Permission to use website 4.1 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 and non-commercial use, providing that such printing is not systematic or excessive; (d) stream audio and video files from our website; and (e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions. 4.2 Except as expressly permitted by Section 4.1 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. 4.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes. 4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. 4.5 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website. 4.6 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. 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) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity); (h) decrypt or decipher any communications sent by or to our website without our permission; (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; (k) use our website except by means of our public interfaces; (l) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or (n) do anything that interferes with the normal use of our website. 5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading. Registration and accounts 6.1 To be eligible for a members account on our website under this Section 6, you must be 18 or older. 6.2 You may register for an account with our website by completing and submitting the account registration form via the events page on our website, and paying the membership fee. 6.3 You must not allow any other person to use your account to access the website. 6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account. 6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so. User login details 7.1 If you register for an account with our website, the email address you use during registration will be used to grant you access to the member sections. 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; 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. Cancellation and suspension of account 8.1 We may: (a) suspend your account; (b) cancel your account; and/or (c) edit your account details, at any time in our sole discretion with or without notice to you. 8.2 We will usually cancel an account if it is not renewed after 12 months. 8.3 You may cancel your account on our website by contacting us through our website. Our rights to use your content 9.1 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. 9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website. 9.3 You grant to us the right to sub-license the rights licensed under Section 9.2. 9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2. 9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. 9.6 You may edit your content to the extent permitted using the editing functionality made available on our website. 9.7 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. Rules about your content 10.1 You warrant and represent that your content will comply with these terms and conditions. 10.2 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). 10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (g) be in contempt of any court or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic, lewd, suggestive or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person. Limited warranties 11.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; (c) that the website will operate without fault; or (d) that the website or any service on the website will remain available. 11.2 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. 11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website. Limitations and exclusions of liability 12.1 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. 12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: (a) are subject to Section 12.1; 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. 12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 12.5 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. 12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). Breaches of these terms and conditions 13.1 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) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d) block computers using your IP address from accessing our website; (e) contact any or all of your internet service providers and request that they block your access to our website; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our website. 13.2 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). Variation 14.1 We may revise these terms and conditions from time to time. 14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. 14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website. Assignment 15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. Severability 16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Third party rights 17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. 17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party. Entire agreement 18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies 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. Law and jurisdiction 19.1 These terms and conditions shall be governed by and construed in accordance with English law. 19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England. Our details 20.1 This website is owned and operated by The British Kodaly Academy 20.2 We are a registered charity in England and Wales under registration number 326552. 20.3 You can contact us: (a) using our website contact form; or (b) by email, using the email address published on our website. Additional Terms & Conditions relating to purchases through our shop Supplier: British Kodály AcademyAddress: c/o 58 Frankton Avenue, Coventry CV3 5BB PricingPrices charged for books/materials supplied will be those displayed on the BKA website at the time of ordering. The BKA reserves the right to adjust the prices of materials as and when necessary. Methods of PaymentOnline purchases – payment can be made by credit card, using a secure system provided by Stripe or PayPal.Offline purchasesUK: Payment is by card or cheque as arranged with the Shop Manager on 0044 (0)24 7641 1269 or [email protected]Corporate Customers needing an invoice for payment by BACS transfer should arrange with the Shop Manager.Outside the UK: Payment must be in pounds sterling (£) – any money exchange fees to be borne by the buyer and not by the BKA. Your credit card company will determine what your sterling payment will cost in your local currency. Processing of ordersAll orders will be acknowledged. (If ordering online, you will be sent confirmation by email that we have received your order.)You will be notified if any part of your order is out of stock. In that event, we do not choose any substitute. You will not be sent anything you have not ordered, and you will only be charged for the items posted to you.Confirmation of exactly which items are being sent to you will indicate that a contract exists between us.Goods will be posted – usually by 1st class mail – as soon as possible after your order has been received and, normally, within one week.Despatch is normally to the billing address. Please notify the Shop Manager ([email protected]) if you need to arrange an alternative delivery address. Refunds, Returns and the Right to CancelOur refunds policy does not affect your statutory rights.In the event of wishing to cancel your order, please notify the Shop Manager. This will signify that the Contract between us is being cancelled. If you have already received the goods, you will be given a Returns Code No.By cancelling the Contract in this way you are accepting the obligation to return to the BKA any unwanted goods that you have already received. Goods should be returned in good condition and carefully packaged (where possible in the original packaging), within 7 days of receiving them. Refund arrangements for orders sent within the EUOnce any goods returned as above have been received by the BKA, you will be refunded the full price you paid for them plus the postage and packing costs charged when the BKA originally posted them to you.If you return an item because of an error on our part or because it is damaged, you will receive a full refund (i.e. cost of item plus original p&p, plus your costs in returning it to us.)We aim to ensure that any refunds due will be paid within 30 days – by the same means originally used to make the payment.Where there is a failure on the part of a customer to return goods to the supplier (the BKA), the BKA reserves the right to charge for these goods. Please note that you MUSTnotify the BKA in advance before returning any goodsobtain proof of posting when you send them– otherwise the BKA cannot accept responsibility to refund you, should a return parcel go astray. Orders sent outside the EUPlease note that it is not possible to give refunds for goods sent outside the EU. However, we will be happy to exchange an item returned because of an error on our part or because it is damaged/defective, provided that you have notified us and that the returned item, carefully packaged and where possible in the original packaging, is received by us within 30 days. ReviewsWhilst the BKA has in place careful arrangements for book selection and constantly monitors the quality of the materials offered through its Bookstore, the opinions expressed in Reviews are those of the reviewers and are not necessarily those of the British Kodály Academy.