These terms and conditions apply to Services provided by Equalize Music Production run by Emily Johnson and Liina Turtonen (“Equalize Music Production” or “we” or “us”).
You may contact us on firstname.lastname@example.org.
These terms and conditions are in addition to the information disclaimed on the website and apply to the sale of any Online Course and / or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and / or Taught Course and print off a copy for your records.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Equalize Production to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Equalize Production for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and / or the Taught Course and / or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means http://www.equalizeproduction.com.
“You” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1. When you place an order for a Service via the Website or telephone, you are offering to purchase the Services on these terms and conditions. Equalize Music Production reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.3 below.
3.2. You will receive a receipt of your order from our Website to your email after the purchase.
3.3. A legally binding agreement between us and you shall come into existence when we have received payment of the relevant Fees from you in accordance with clause 5 below.
3.4. Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3 above, and where the cost of the Services is £43 or more, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3, to cancel your purchase of the Services. If the cost of the Services is £42 or less, you are not permitted to cancel your purchase.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and / or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Equalize Music Production.
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees include the cost of Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.
5.3. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Equalize Music Production shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Equalize Music Production aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Equalize Music Production’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude Equalize Music Production’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Equalize Music Production or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Equalize Music Production on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Equalize Music Production, any teacher or lecturer who provides the Taught Courses or Online Courses or any student who attends any Taught Course or Online Course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Equalize Music Production shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness or death of the trainer, Government edict or regulation.
13. Data Protection
13.1. Equalize Music Production will never sell, distribute or intentionally make your personal information public and has implemented appropriate technical and organisational security measures to protect the data you share with us from loss and preserve its security and confidentiality.
13.2. When you sign up to the Equalize online mailing list we ask you to enter personal data in the form of your name, email address and any preferences around what you’ll receive. Your email address is collected so we can send you updates about our work. Any information we share with funders is not connected to personally identifiable information and is made up of aggregated data. We ask for your consent when joining our mailing list and this forms the lawful basis for us holding the data.
13.3. Under the General Data Protection Regulation (GDPR) anyone whose personal data is stored by Equalize Music Production has a set of rights relating to it. You have the right to: (i) see any information we hold about you and correct it if it’s wrong, (ii) request your data is deleted, and (iii) request your data is not used for certain purposes. You may exercise your right to be forgotten by requesting that Equalize Music Production remove all personal data relating to yourself from our data storage. In the case that an individual requests this, Equalize will take all reasonable steps to remove or anonymise the data held about the individual. If you would like to exercise one or more of your rights in relation to the data we hold about you, or if you have any complaints regarding data protection, please email us on email@example.com.
13.4. For the purposes of evaluation and marketing, Equalize Music Production may document its work by taking photographs or videos of participants engaging in its activities. These are sometimes shared with social media platforms including Facebook, Instagram, Twitter and Youtube. When working with children and vulnerable adults, permission will always be obtained in writing from those responsible for the participants before any photographs or videos are taken, including consent to share content on social media platforms. Where permission is refused for a particular child to be photographed, care is taken to ensure that that child is not photographed. When working with non-vulnerable adults, verbal permission will be obtained before any photographs or videos are taken.
14. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
15. Gender Policy
Our meetings and online sessions are open to all women and non-binary, agender and gender variant people. Men are welcome to support the network in other ways.
Where carers / interpreters / key workers are male and the women-only nature of a workshop or event would therefore be compromised, we will consider this on a case by case basis.
The gender imbalance in the music technology industry is well-recognised and whilst Equalize is absolutely not ‘anti-men’, we see that a short-term solution is to provide fellowship and learning environments solely for women*. The conversation and atmosphere can be a different one in a space that is not dominated by the male perspective.
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