1 – Object
These Terms and Conditions are intended to define the contractual relationship between Harp School and the User and the conditions applicable to any purchase of products or services made through Harp School’s commercial Website. The purchase of music lessons or educational material through the present website implies unreserved acceptance by the User of these Terms and Conditions.
These Terms and Conditions shall prevail over any other general or special terms not expressly approved by Harp School. Harp School reserves the right to modify its Terms and Conditions at any time. In this case, the terms that will apply will be the terms applicable on the date of the order placed by the User.
2 – Harp School products and services
Harp School is a company that offers a specific method to learn online how to play the harp. To benefit from this service, the User has to take note of and adhere to the Terms and Conditions defined hereinafter. The term “Terms and Conditions” means all the stipulations set out herein. The User of the Website www.harp-school.com acknowledges having the necessary skills and means to access and use this Website.
The products and services offered are those listed on the Harp School Website under “Video Courses”, “Webcam Courses” and “Shop”:
2.1 – Video Courses
Harp School offers various Courses by videos. These videos are pre-recorded courses. To access the free video courses offered by Harp School, the User needs to create a free user account. To have access to all the video courses, the User needs to subscribe. Harp School offers several subscription packages (see “Video Courses”). When the User subscribes to a package of a duration superior to 1 month, the User agrees to a commitment of the indicated duration.
2.2 – Webcam Courses
Harp School offers Courses by webcam: independent teachers who are partners of Harp School and who adhere to Harp School teaching method connect with individuals who want to learn how to play the harp or with companies which have an interest in this instrument.
The User has the possibility to buy either a single Webcam Course or “Course Cards” of either 5 or 10 Courses in order to get a discount rate.
In both options, the User can select the Teacher and the Course duration (30 minutes or 1 hour).
When buying a single Webcam Course, the User can also select the date and time of the Course according to the teacher’s availability.
2.3 – Digital products to download (under “Shop”)
Harp School sales the following digital music products:
Sheet music, in PDF format.
Music albums in MP3, FLAC, ALAC format.
Various “goodies” type products (images, wallpapers, ringtones, etc.).
The User can buy these products in various sections of Harp School’s commercial Website.
2.3.1 – Use of digital Sheet Music and associated rights
By buying a Sheet Music on www.harp-school.com, the User pays for the right to:
- download the Sheet Music for storage on the User’s computer or any other media that the User own,
- print the purchased Sheet Music only once.
The User DOES NOT PAY FOR THE RIGHT TO:
- redistribute the Sheet Music, in any format, for commercial or any other purpose,
- change, edit, or modify the Sheet Music or print file.
2.3.2 – Use of Audio or Video Downloads and associated rights
The User may only use the Audio or Video Downloads of www.harp-school.com for personal and non-commercial use.
By buying Audio or Video Downloads on www.harp-school.com, the User pays for the right to:
- view (or listen to) the downloaded file on the User device as many times as the User like,
- burn Audio Downloads on a CD no more than two (2) times, and
- transfer Audio or Video Downloads to a portable player no more than two (2) times.
In case a product from Harp School Website is removed or modified, the User does not have the right to submit a complaint against Harp School.
The User DOES NOT PAY FOR THE RIGHT TO:
- redistribute downloaded products to third parties by any means.
- rent, give or lend the downloaded products to third parties.
- publicly perform, publicly display, advertise (by any means), or play the downloaded products in public,
- use automated systems (except those that can be provided by harp-school.com) to access or download Audio/Video tracks.
2.4 – Physical products
Harp School offers for sale a selection of other products: ready-to-wear and jewelry. These products are shipped by other companies.
3 – Prices
See on the Website the “Pricing” Section for Videos Courses and Webcam Courses and the “Shop” Section for other products. Prices are in euro, dollar (USD) or pounds (GBP), all taxes included. The applicable prices are those appearing at the time of the purchase of the Product or the subscription of the Service and are valid for the duration of the Service.
Harp-School reserves the right to modify its prices at any time, but the price appearing on the “Pricing” or “Shop” sections on the day of the booking will be the one applicable to the User. The prices indicated include expenses related to order processing, course management, the Course itself and the provision of training resources on the User personal space without geographical area restrictions.
Subscriptions for Video Courses and purchased Webcam Course Cards, may, under certain conditions, be exchanged in the form of coupons/gift cards. The Use may contact Harp-School for more information.
Gift cards and coupons (promotional codes) are neither exchangeable nor refundable and expire at a defined date.
4 – Orders
Users wishing to purchase a Course Card or to make a single booking must:
Fill out the online purchase order to indicate all the requested details;
Accept these Terms and Conditions and confirm the order after having verified it;
Fill out the identification form to indicate all the requested details;
Make the payment under the conditions laid down in these Terms and Conditions.
Acceptance of these Terms and Conditions means that the User acknowledges having read these Terms and Conditions and that the User waives any other Conditions of Sale. All details indicated by the User and the saved confirmation will be proof of the transaction. The confirmation shall be equivalent to signing and accepting the transaction. Harp School will send the order confirmation by e-mail.
5 – Payment
5.1 – General
Payment will be made by credit card or via Paypal through the secure system Stripe or Paypal, which uses the SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
At the User request, Harp School will send the associated invoice to the User.
5.2- Subscription with a commitment period
When the User subscribes to Video Courses for a duration of 3 (three) months or 1 (one) year, the User commits to pay the subscription fees for the chosen duration. Prices depend on the subscription chosen by the User and payments will take place each month until the end of the commitment period via direct debit on the User Credit Card or the User PayPal Account according to the option chosen by the User at the initial order. In the event of insufficient funds or any other reason for non-payment, Harp School is automatically entitled to suspend the User’s access to Harp School services without formal notice. Furthermore, Harp School reserves the right to terminate the User’s subscription, ipso jure, without judicial or extrajudicial formalities.
6 – Right of Cancellation and Refund
6.1 – Subscriptions to Video Courses
The User has a legal delay to cancel its order (loi Hamon 2014) of fourteen (14) days, only if the User has not logged in to the Video Courses service during said period. Harp School will refund the sums paid if the User sends an e-mail to Harp School ([email protected]) expressly requesting the cancellation of the order made by the User, before the expiry of the period of fourteen (14) days.
The fourteen (14) day legal delay to cancel the order shall not apply if the services for which the User subscribed are consumed immediately after the User subscription. Harp School considers that the service is consumed as soon as the User enters the User login and the User password to connect to Harp School services.
6.2 – Cours par webcam
6.3 – Digital products to download
The User does not have a legal delay to cancel its order after the purchase of digital products to download, the latter being considered “consumed” from the validated order – the download link is visible to the User after payment.
In the event that the User orders twice the same digital product, the User can request a refund by e-mail.
If a digital product proves unusable by the User, Harp School will check the validity and the accuracy of the file format, and will resend the appropriate file to the User. Harp School will be the only judge of the validity of a file. If a file deemed valid by Harp School does not work on the User’s terminal, Harp School cannot be held responsible. See the “Responsibilities” section 13 for more details.
7 – Creating a User Account
To create a Harp School account, the User must be an adult or duly authorized to do so. Parents or holders of parental authority are encouraged to monitor their children’s use of Harp School services. They should know that Harp School services are likely to be of interest to the general public, particularly children, and it is up to them to restrict their children’s access to some of Harp School services and to monitor more generally their use of Harp School services. If the User is under the age of eighteen, the User declares and acknowledges that the User has obtained permission from his/her parents or an authority, to use Harp School services on the Harp School Website and to subscribe. The User’s parents are responsible for compliance with all the provisions of these Terms and Conditions.
Creating a user account on Harp School Website is free. The User chooses an ID and password (subject to availability). The User must retain this information because it alone can allow Harp School to retrieve the User’s password in case of forgetfulness. This Harp School account is strictly personal and the User may not share it or transfer it to anyone. This is an essential obligation of this contract. The User must not use a pseudonym, login or e-mail address that could infringe the rights of third parties in any capacity whatsoever. The User must not use patronymic names, pseudonyms, signs belonging to others, or works protected by the intellectual property code. Harp School reserves the right to refuse the registration and/or to require the User to change his/her username and/or e-mail address and/or login information at any time, especially before the final registration and thus before the actual opening of the User’s account.
If the deactivation of the User account is due to a breach by the User of these Terms and Conditions, the User also loses the benefit of his/her subscriptions to Harp School under the conditions described below, and the User’s username may be chosen by another user.
The User is responsible for maintaining the confidentiality of his/her password, and for actions that are performed under his/her username and/or password: If the User logs on to a public computer, the User must make sure to log off when the User quits the computer. The User must not give his/her password to anyone. The User is solely responsible for the use of his/her account: any connection or transmission of data made using Harp School services via the User’s account will be deemed to have been performed by the User and under the sole responsibility of the User. It is also specified that the User is entirely and exclusively responsible for his/her use of Harp School services and any third party whatsoever. In case of fraudulent use of the User’s account and/or password, the User agrees to immediately inform Harp School.
8 – Forum – User Conduct
In order to allow the User to share his/her musical experiences on the Internet, Harp School provides on its Website a Forum for its users, based on friendliness. Without limiting the foregoing, the User is not allowed to:
- display, distribute or otherwise use any content (excluding content provided entirely by the User), except as reasonably required for the intended purposes of the service and Website related communications.
- use the Website, the Service or any of its content (including without limitation any programming, images, photographs, graphics), to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- interfere with the access, use or enjoyment of this Site or the service by others (including without limitation causing greater demand on the service than is deemed reasonable by Harp School); harass or defame others; or promote hatred towards any group of people.
- alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyperlink, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Website, the service, any content (including without limitation trademarks, service marks and logos contained in the Website but excluding content provided entirely by the User). However, the User may copy content that is reasonably required for the intended purposes of the Website and the service.
- access or attempt to access any of Harp School systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Website or any of the Website’s security and traffic management devices, software or routines.
- decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Website or the service except if and to the extent permitted by applicable law.
- use any robot, spider, other automated devices or any tool-bar, web-bar, other web-client, devices, software, routine or manual process, to access the Website, make Submissions, monitor or scrap information from this Website or the service, or bypass any of Harp School robot exclusion request (either on headers or anywhere else on the Website), if any.
- use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us.
- create or provide any other means through which the Website may be accessed, for example, through server emulators, whether for profit or not.
In accordance with existing regulations, the data collected from the User at the time of registration is kept by Harp School as proof of the contract, as well as proof of communications and data exchanges. The archiving of this data by Harp School is carried out on a reliable and durable support so as to constitute a faithful and lasting copy, in accordance with the Civil Code. In the case of a legal conflict between the data thus retained by Harp School and any document provided by the User, it is expressly agreed under the convention of proof that the information and data retained by Harp School will prevail and will alone be admitted as proof.
11 – Personal Data
In compliance with the provisions of the law of 6 January 1978 relating to data processing, files and freedoms, the automated processing of personal data carried out on Harp School Website has been the subject of a declaration to the “Commission nationale de l’informatique et des libertés –CNIL” (French data protection authority). In accordance with the provisions of Article 34 of the aforementioned law, the User has a right of access, rectification and deletion of his/her information. If the User wishes to exercise this right or if the User does not wish Harp School to communicate his/her information to Harp School partners, the User is invited to contact Harp School at [email protected]
Harp School may use the User’s personal information submitted for registration to optimize the User’s access to all the services. In addition, to notify the User of promotional offers, Harp School may transmit the User’s data to business partners only if the User has accepted it at the time of registration or at a later date. As a result of the User’s registration, the User agrees to receive Harp School newsletters and to receive prospecting messages containing similar or future products or services. You may object to receiving these messages at any time either by writing to Harp School at the address mentioned above or by clicking on the unsubscribe link at the bottom of the messages the User may receive.
If, despite the User’s opposition, the User continues to receive promotional offers, or if the User wishes to delete his/her details, the User is invited to contact Harp School at the following e-mail address: [email protected] or postal address: 6 bis chemin de Sahorle, 66320 Vinça, France.
12 – Intellectual Property
Any total or partial representation of the contents of this Website by any process whatsoever, without Harp School express authorization, is prohibited. The content of the Website includes: its general structure, its graphic interface, the texts, the animated or non-animated images, fixed or sequential, and the sounds contained in the Website. Any total or partial reproduction of the images or logos, made from the elements of this Website without express authorization from Harp School is strictly prohibited.
The same applies to the databases on the website which are protected by the French Intellectual Property Code. In addition, as a database producer, Harp School prohibits any third party from extracting the entirety or a qualitatively or quantitatively substantial part of the content of its database, by permanent or temporary transfer to on another media, by any means and in any form whatsoever. It is also strictly prohibited to reuse said content, by making the entirety or a qualitatively or quantitatively substantial part of the content of the database available to the public in any shape or form.
Any use of Harp School Website, other than what is allowed within the limits of the terms detailed in this document, and any commercial use or rebroadcast to an external public, is forbidden without express and prior agreement from Harp School. The photographs, video and other illustrations available on the Website are not royalty-free and can only be used with the consent of the Right Holder. Any public or private website is authorized to establish a hypertext link to Harp School Website. However, it is necessary to obtain prior written permission from Harp School, specifying the context of the publication of this link.
13 – Responsibility
www.harp-school.com is a website intended for individuals and does not make any commitment regarding the performance and the modifications of its services, which can occur due in particular to the quality of the Internet network and / or technical configurations. To the maximum extent permitted by existing regulations, Harp School and Harp School Partners decline all warranties, expressed or implied, in particular regarding the quality and compatibility of Harp School services with the specific uses that the User makes of them. Harp School will nevertheless use its best efforts to maintain Harp School services in an operational state.
The use of Harp School services implies the User has an Internet connection and the appropriate computer equipment whose costs, fees, subscriptions and taxes are independent from the services offered by Harp School and are at the User’s exclusive charge. Harp School cannot be held responsible if the User did not receive data relating to the User’s account for some reason beyond its control (for example, Internet connection problems on the User’s terminal, such as temporary server failure, etc.), or if the data received from the User is illegible or impossible to process.
Harp School or its partners are not liable for any damage whatsoever, whether direct or indirect, including, but not limited to: data loss, loss of profits, loss of customers, loss of intangible property, loss of profit or damage of images that may occur following the use or the impossibility of using all or part of the services, even if Harp School has been advised of such damages.
In the event that the liability of Harp School is incurred, compensation will apply only to direct, personal and evident damages, excluding and not limited to any indirect and/or intangible damages such as: financial, business, operating and turnover losses, loss of data, etc.
Harp School cannot be held responsible for any default or delay in fulfilling its obligations caused by third parties involved in the providing Harp School services. Moreover, these third parties and Harp School cannot be held responsible for any event beyond their control or events of force majeure, including but not limited to: acts of civil or military authorities, fires, floods, attacks, earthquakes, rioting, sabotage, network failure.
14 – Terms and Conditions changes and updates
Harp School reserves the right to modify at any time, without any prior notice, all or part of these Terms and Conditions. The Harp School Terms and Conditions will be regularly adapted to meet legal and regulatory requirements. The modifications made by Harp School to the Terms and Conditions will come into effect once they are published on the Website. Therefore, the User is invited to consult regularly Harp School Terms and Conditions, which are permanently available on the Website. In all cases, the User is deemed to have accepted the latest version of the Terms and Conditions upon each new connection to the Website.
15 – Applicable law – Assignment of jurisdiction
These Terms and Conditions are subject to French law. Any disagreement or dispute which is not resolved by mutual agreement falls within the exclusive competence of the Courts of Perpignan, France, even in case of multiple defendants or introduction of third parties. Given the international dimension of the Internet, Harp School reminds the User that the User must comply with all the mandatory rules and public policy applicable in the country where the User resides.