1.1 This section sets out the Terms and Conditions by which The Strings Club Ltd. agrees to provide products and services to you and your child.
1.2 When you book or purchase any product or service from us, you are signifying your agreement to these Terms and Conditions. These are included in every Confirmation Email and can also be found on our Website. It is your responsibility to familiarise yourself with them before you book or purchase any product or service from us.
1.3 We reserve the right to modify, cancel or append to these Terms and Conditions and upon doing so shall provide you with notification that there has been a change. The current Terms and Conditions always appear on our Website. On renewal of Sessions or purchase of any Strings Club product or service, the most recent Terms and Conditions shall apply.
2.1 “Booked Session” is a Session that we have agreed, verbally or in writing, that your child may attend.
2.2 “Class” refers to one self-contained session as part of a Term-Time Course that occurs at a specific time on the same day at the same venue each week during Term-Time.
2.3 “Holiday Camp” is a holiday course offering high-quality music provision for a certain amount of hours per day for a period of between one and five consecutive days.
2.4 “Feedback Form” is a form given to you by us on or around your child’s eighth Class at a Term Time Course or last Booked Session on a Holiday Camp.
2.5 “Free Session” is a Session we agree to provide at no cost to you in accordance with clause 3.1.
2.6 “Inform”, “Notify”, “Communicate” and “Contact” are the processes by which we exchange information and enter into contracts regarding our products and services.
2.7 “Confirmation Email” is a collection of documents including these Terms and Conditions, a Parent Information Guide and other materials designed to inform you about The Strings Club and our products and services.
2.8 “Daily Email” is a collection of documents including these Terms and Conditions, a Parent Information Guide and other materials designed to inform you about The Strings Club and our products and services specific to that week’s Holiday Camp.
2.9 “Term-Time Classes” refers to term-time classes that coincide school term-times, for children aged 4 years to 11 years of age as distinguished from those relating Strings Club School Sessions and Strings Club Holiday Camps.
2.10 “Make-Up Session” is a one-off attendance at a Strings Club session following a Missed Session.
2.11 “Merchandise” is a physical product related to our activities sold by us.
2.12 “Strings Club Minis” refers to Sessions specifically designed for children aged 4-5 (Reception aged) facilitated by The Strings Club.
2.13 “Strings Club Sound Start” refers to Sessions specifically designed for children aged 5-11 (Years 1-6) facilitated by The Strings Club.
2.14 Our “Website” is www.thestringsclub.org
2.15 “Strings Club School Sessions” refers to in-school sessions, providing small group to whole class music tuition.
2.16 “Strings Club Tour” refers to assemblies and workshops that we may offer across London and the Midlands for children aged between 4 and 11 years of age
2.17 “The Strings Club”, “we”, “us” or “our” refers to The Strings Club Ltd. and any of its directors, officers, employees, managers, subcontractors, agents, parent, subsidiary and affiliated companies.
2.18 “Enrolment Form” is the online form you need to complete before coming to a Strings Club Term Time Class or Strings Club Holiday Camp.
2.19 “Missed Session” is a Booked Session, no part of which has been attended by your child.
2.20 “Sibling” is a younger brother, sister, half-brother, half-sister, step-brother or step-sister of a particular child.
2.21 “Untaken Session” is a Booked Session which has not yet been attended and which is not due to occur within the next three working days.
2.22 “Transferring” is the process by which we permanently change any Untaken Sessions from one Class or Booked Session to another Class or Booked Session at The Strings Club. “Transfer” shall be construed accordingly.
2.23 “Term-Time” denotes the periods throughout the year during which we run regular weekly classes as stated on our website.
2.24 “Waiting List” is a list maintained by us comprising children who wish to attend a particular Session which is over-subscribed.
2.25 “Your Account” is both a notional account you have with The Strings Club reflecting purchases you have made from us, payments we have received from you or payments made on your behalf and credits applied by us or transferred to you, and that held with our booking system provider, Active Network, irrespective of whether that has been activated by the customer or not. If Your Account is in credit, you can use the amount of this credit (a “Credit Note”) against any purchases of The Strings Club products and services for your child, their Siblings or an unrelated child.
2.26 “Named Contacts” are adults authorised to discuss details relating to a child, as disclosed on the Enrolment Form relating to that child.
2.27 “Your child” is any child for whom you are nominated as an authorised adult on the Enrolment Form regarding your dealings with us and we therefore deem to be in your care. “Children” shall be construed accordingly.
2.28 “Provisions” are all activities The Strings Club may offer, including but not limited to: Term Time Courses, Holiday Camps, Parties, School Sessions, Free Sessions, Tours.
3.1 FREE SESSIONS
The following provisions shall apply in relation to “Free Sessions” only.
3.1.1 We will offer your child one Free Session in a Class of their choice as part of specific promotions. This is providing:
- a) There is availability in the Class;
- b) Your child has not previously attended any other Free Complimentary Session, subject to paragraph 3.1.7.
3.1.2 You must book the Complimentary Class in advance with The Strings Club office over the telephone or online on our Website.
3.1.3 You must provide us with such contact, identification and health details as are requested by us so that we can assume responsibility for your child during the Session.
3.1.4 You must check the Enrolment Form prior to the Complimentary Class ensuring that it is accurately and fully completed.
3.1.5 If your child refuses to take part in the Session, one further Complimentary Class may be arranged at our discretion.
3.1.6 Once your child has attended a Complimentary Class in whole or in part, additional Complimentary Classes can only be arranged at our discretion.
3.2.1 Booked Sessions
18.104.22.168 Subject to paragraph 3.4.3, you must book ten Classes at any one time. Classes will run on consecutive weeks during Term-Time and may span the holidays.
22.214.171.124 Details of The Strings Club Term-Time dates can be found on our Website and the relevant Confirmation Email. It is your responsibility to make yourself aware of these.
126.96.36.199 The cost of Booked Sessions and valid methods of payment are given in the Confirmation Email and can be viewed at any time by logging in to your Account with Active Network.
188.8.131.52 The full cost of Booked Sessions minus any agreed discounts must be paid by the end of the first Booked Session, unless otherwise agreed.
184.108.40.206 If full payment is not received by the end of the first Booked Session, we reserve the right to suspend all Untaken Sessions and pursue payment for the full amount agreed at the time of booking.
220.127.116.11 Limited discounts are available in certain circumstances. Only one discount can be used against the cost of Booked Sessions at any time, unless otherwise agreed.
18.104.22.168 Sibling discounts only apply to the younger children if, at the time of renewal or booking, the eldest child booked session also takes place at the same venue.
22.214.171.124 All discounts must be claimed at the time of booking. No retrospective discounts or refunds will be offered.
3.3.1 All Merchandise must be paid for at the time of purchase.
3.3.2 Refunds will only be offered for merchandise in a saleable condition and where the cellophane wrapper is intact.
3.3.3 Merchandise proven to be faulty will be replaced if returned within seven days of purchase.
3.3.4 Where a child is attending a Strings Club Term-Time Class we offer one free Welcome Pack. This offer is subject to availability, and may be terminated without notice.
3.4 RE-ENROLMENT – Term Time Courses
3.4.1 We will send you a Feedback Form or call you on or after your child’s eighth Class as part of a Term Time Course. This will provide feedback on your child. It will also act as a notice to you to book a further ten consecutive Sessions.
3.4.2 Please note that if payment for a further ten Sessions is not received by the current tenth Session, no further Sessions will be booked and your child will be automatically withdrawn from the Class. Further attendance will require rebooking which is subject to availability.
3.5.1 If you would like your child to Transfer to a Class at a different time to their current Class, you must notify us at least three days prior to your child’s intended first changed Class. Subject to availability in the requested Class, we will arrange for the remainder of your child’s Untaken Sessions to be taken at the alternative Class at no cost to you.
3.7 CHANGES, CANCELLATIONS, & MISSED SESSIONS
3.7.1 All deposits, however paid, are nonrefundable.
3.7.2 You may cancel your child’s Untaken Sessions at any time and for any reason.
3.7.3 You must notify the The Strings Club directly by telephone (by speaking to an operator) at least three days prior to cancellation. Any other method of informing us will not be treated as notification for the purposes of this paragraph.
3.7.4 Only an Untaken Session may be cancelled.
3.7.5 Following cancellation, subsequent sessions must be booked in accordance with paragraph 3.2.
3.7.6 Session missed for any reason may not be added on to the end of the Booked Sessions under any circumstances.
3.7.7 If your child misses a Class at a Term Time Course, subject to availability, you may arrange a Make-Up Session at another Class in the same or a different Strings Club.
3.7.8 In order to take advantage of a Make-Up Session, you must notify us by telephone at least 1hr prior to the Missed Session in order for the office to advise as to Classes that may be suitable.
3.7.9 There is no time limit for attending Make-Up Sessions save that, at the time of the Make-Up Session, your child must have at least one Untaken Session at the School where the Missed Session occurred.
3.7.10 In the event that you wish to cancel any Untaken Sessions at a Holiday Camp:
- a) If you inform us 48 hours or more before the first Session of that block of Sessions was to be attended, we will credit your Account as per section 2.25. If you wish to change your booking from one Strings Club Holiday Camp to another in the same holiday period, subject to availability, the payment of any difference in cost, and our complete discretion, you may do so without financial penalty.
- b) If you inform us less than 48 hours before the first Untaken Session was to be attended, we will endeavour to release the Session(s) for resale. A credit may be issued on a case by case basis at the discretion of the Events and Courses Coordinator and Director.
- c) A refund will only be issued in exceptional circumstances, on a case by case basis, at the discretion of the Events and Courses Coordinator and Director.
3.8.1 We reserve the right to alter, vary, omit or substitute any part or parts of any Provision provided by us described in any promotional or other materials published by us or on our behalf.
3.8.2 In the event of any change in any content as described above, we will have no liability to refund any part of any fee or deposit paid.
3.9 WAITING LISTS
3.9.1 If your child is on a Waiting List, this does not guarantee a place in a particular Session.
3.9.2 Subject to paragraph 3.9.3 below, we intend to contact customers and prospective customers on the Waiting Lists in this order they joined the Waiting List.
3.9.3 We accept no responsibility and make no guarantees to the order in which places are offered.
3.9.4 Waiting List deposits are non-refundable but are treated as credits on Your Account and can be used and transferred in the same way.
5.1 Music Medals entry is only on recommendation by us.
5.2 Entry is only complete upon payment of the Music Medals fee and timely provision of associated documentation to The Strings Club.
5.3 We will notify you of the times and locations of Music Medals you have entered your child for at least two weeks before the Music Medals award.
5.4 We will endeavour to offer you a time and venue close to the one requested though this may not always be possible.
The following provisions shall apply in relation to Strings Club School Sessions only.
6.1.1 All payments for Strings Club School Sessions must be received by us before the event in question.
6.1.2 If the required payments are not received prior to the event in question we reserve the right to cancel the booking and pursue any outstanding monies.
6.2 CHANGES AND CANCELLATIONS
6.2.2 There are no credits or refunds for cancellations or changes, except at the discretion of the Director.
6.2.3 Should any factors that are outside of our control (eg., school closure, premises unavailable) arise which make the holding of a Strings Club School Sessions impossible, this shall amount to a cancellation of the event, and full payment will still be required.
7.1 In the event that we consider:
- a) you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;
- b) the behaviour of your child is disruptive or likely to put other children or Strings Club team members or staff in danger; or
- c) your behaviour towards us, other customers, children in their care or our suppliers, agents, managers, subcontractors or employees is disruptive, inappropriate, consistently negligent (including late collection of your child) or likely to bring us or any of our products or services into disrepute, we reserve the right to exclude your child from any Strings Club activity or part thereof.
7.2 In the event that your child is excluded, no fees or deposits will be repaid to you and we reserve the right to seek payment of the balance of any fees due to us.
8.1 We will make an administrative charge of £7.50 to cover cheques returned unpaid or unreasonably disputed credit card payments or unhonoured Direct Debits.
8.2 In circumstances where a payment is returned:
- a) we reserve the right to exclude your child without refund or right to Make-Up Sessions in relation to Missed Sessions until the amount of the returned payment is repaid in full; and
- b) we reserve the right to claim the amount of the returned payment plus interest plus the cost of any free promotional items or merchandise issued to your child.
8.3 Refunds are issued in the form in which the original payment was made with the exception of cash which will be refunded in cheque form.
8.4 We will process any refund within 28 days of notifying you that we are issuing you the refund.
8.5 No credits or refunds will be issued retrospectively.
9.1 GENERAL DISCLAIMER
9.1.1 For the avoidance of doubt, all our products and services are provided on an “as is” basis and save as expressly stated herein without representations, conditions, warranties or other terms of any kind, either express or implied, including, but not limited to, child development, non-infringement or title but excluding the implied warranties of satisfactory quality and fitness for a particular purpose.
9.2 CANCELLATIONS & VENUE CHANGES
9.2.1 We reserve the right to cancel any Strings Club Term Time Course, Holiday Camp, School Session, Party, or other service at any time up to and including the date the activity starts. Should this occur we will endeavour to give you at least seven day’s notice and will attempt to offer you a viable alternative or will offer you a refund of any fee paid.
9.2.2 Occasionally it is necessary to temporarily change the venue of our Strings Club Provision and where this occurs we will endeavour to ensure that the alternative venue is no more than five miles from the usual location. If the distance is greater than five miles and, as a result, your child is unable to attend, subject to application in writing by you, we will credit Your Account with the amount you paid for the Missed Session.
9.3 HEALTH & INJURIES
9.3.1 We accept children on the assumption that they are in good health and it is your responsibility to alert us to any medical complaint or history suffered by your child.
9.3.2 We do not accept responsibility for loss or damage arising from errors or omissions on the Enrolment Form whether completed by you or by another person in charge of your child at the time of completion.
9.3.3 We do not accept liability for death or personal injury to any child attending The Strings Club or any activity related to The Strings Club whether organised by The Strings Club or otherwise save to the extent that such death or injury shall be caused by the negligence or default of any member of our staff or any other default on our part.
9.4 PERSONAL PROPERTY
9.4.1 We do not accept responsibility for any loss of, or damage to, personal property belonging to you or your child irrespective of whether such possessions might be used by you or the child for the purposes of any Strings Club activity saveto the extent that such loss or damage shall be caused by the negligence or default of any member of our staff or any other default on our part.
9.5 OTHER LOSSES
9.5.1 We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in public transport, weather, quarantine, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.
9.5.2 Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:
- a) economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- b) loss of goodwill or reputation;
- c) any other special, indirect or consequential losses; or
- d) loss to third parties.
9.6.1 No provision of these Terms and Conditions shall operate or be construed to operate so as to exclude or restrict our liability under the provisions of any UK legislation in force from time to time which are not capable of being excluded or restricted.
9.6.2 Save as otherwise required by UK legislation, our total liability for any loss, damages, costs or expenses shall not exceed an amount equal to the invoice value for the services provided.
9.7 THIRD PARTIES
9.7.1 A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
10.1 The Strings Club is registered under the Data Protection Act 1998 to process and store data relating to living individuals.
10.2 We may monitor and record communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes.
10.3 From time to time, photographs, film, video or audio recordings may be made during Provisions for publicity, promotional or broadcast purposes. Please inform us before any such event if you do not wish you or your child to appear or be identified in any such material.
11.1.1 These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your booking, purchase or use of our products and services superceding any prior agreements between you and us.
11.1.2 You agree that you have entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by us which is not set out expressly in these Terms and Conditions.
11.1.3 We shall not be under any liability for any failure to perform any of our obligation under these Terms and Conditions if we are prevented from or delayed in so doing due to any circumstances beyond our reasonable control, provided that if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the contract.
11.1.4 If any payments which are due under these Terms and Conditions are not made by their respective due date, interest shall accrue on the full amount outstanding at a rate of 8% above the base lending rate of the Bank of England from time to time, from the due date until the date of actual payment.
11.2.1 You may contact us by calling the relevant telephone number found on our Website, or by writing to us at the address outlined in your Welcome Pack or Confirmation Email. We will be deemed to have received any communication from you, in the case of communication by telephone at the time of you speaking to a telephone operator or, in the case of communication by post, a correctly addressed letter sent by pre-paid first class post or recorded delivery post shall be deemed to have been received two working days after the date of posting.
11.2.2 We may contact you by post, telephone, email, text or fax. Notification sent to you by post will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day.
11.2.3 It is your responsibility to ensure that we have current contact details for you and all adults authorised to pick up your child. You must also keep us appraised of any changes in the health or other relevant circumstances of you or your child.
11.2.4 We may accept any instructions which are given to us regarding a child from anyone who is nominated as an authorised adult (“Named Contact”) on the Enrolment Form for that child.
11.3 LAW & JURISDICTION
11.3.1 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
11.3.2 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.
11.3.3 Our relationship with you is subject to English law and you and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.