Terms and Conditions
BY USING THIS SITE AND BOOKING A SERVICE OR PROGRAM YOU ACCEPT THESE TERMS AND CONDITIONS.
Please read these Terms and Conditions carefully and ensure that you understand them before booking a service or program. These Terms and Conditions, together with any other documents referred to herein, set out the use of governing your use of this website, www.davevinemusic.com ("my site") or the booking of any service or program through the company Dave Vine Music ("me").
These Terms and Conditions were last updated in September 2022.
Your agreement to comply with these Terms and Conditions is indicated by your use of my site and/or booking of a service or program from me.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
*“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
*“I/Me/My/We/Us/Our” means Dave Vine Music, a sole trader registered in the UK.
2. CHANGES TO THESE TERMS AND CONDITIONS
2.1 We may alter these Terms and Conditions at any time. As explained above, your use of my site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use my site.
2.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
3. HOW YOU MAY USE MY SITE AND CONTENT
3.1 All Content included on my site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by me, unless specifically labelled otherwise.
All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3.2 You may access, view, and use my site in a web browser (including any web browsing capability built into other types of software or app) and you may download my site (or any part of it) for caching (this usually occurs automatically).
3.3 You may print one copy and download extracts of any page(s) from my site for personal use only.
3.4 You may not modify the printed copies or downloaded extracts in any way.
Images, video, audio, or any other Content downloaded from my site or sent to you via email by me must not be used separately from accompanying text.
3.5 Our status as the owner and author of the Content on my site (or that of identified licensors, as applicable) must always be acknowledged.
3.6 You may not use any Content from my site for commercial purposes without first obtaining a licence from me (or our licensors, as applicable).
This does not prevent the normal access, viewing, and use of my site for general information purposes by business users or consumers.
3.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.
Further information is available from the UK Intellectual Property Office.
4 SITE LINKS
4.1 Links to my site must be fair and lawful.
You must not take unfair advantage of my reputation or attempt to damage my reputation.
4.2 You must not link to my site in a manner that suggests any association with me (where there is none) or any endorsement or approval from me (where there is none).
4.3 Your link should not use any logos or trade marks displayed on my site without my express written permission.
4.4 You must not frame or embed my site on another website without my express written permission.
4.5 You may not link to my site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that I deem to be otherwise objectionable.
4.6 Links to other websites may be included on my site.
Unless expressly stated, these sites are not under my control. I accept no responsibility or liability for the content of third-party websites.
4.7 The inclusion of a link to another website on my site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
5 DISCLAMERS
5.1 Nothing on my site constitutes professional advice on which you should rely.
It is provided for general information purposes only.
5.2 I make reasonable efforts to ensure that the Content on my site is complete, accurate, and up to date, but I make no warranties, representations, or guarantees (express or implied) that this will always be the case.
5.3 If you are a business user, I exclude all implied representations, warranties, conditions, and other terms that may apply to my site and Content.
6 LIABILITY
6.1 Nothing in these Terms and Conditions excludes or restricts my liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
6.2 If you are a business user (i.e. you are using my site in the course of business or for commercial purposes), to the fullest extent permissible by law, I accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) my site or the use of or reliance upon any Content included on my site.
6.3 If you are a business user, I accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
6.4 If you are a consumer, you agree that you will not use my site for any commercial or business purposes and that I shall have no liability to you for any business losses as set out above.
7 VIRUSES, MALWARE, AND SECURITY
7.1 I exercise reasonable skill and care to ensure that my site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
7.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
7.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via my site.
7.4 You must not attempt to gain unauthorised access to any part of my site, the server on which my site is stored, or any other server, computer, or database connected to my site.
7.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
Any and all breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use my site will cease immediately in the event of such a breach.
8 ACCEPTABLE USAGE OF OUR SITE
8.1 You must only use my site in a lawful manner and comply with any local, national or international laws and regulations that apply.
8.2 If you fail to comply with 8.1 you will be in breach of these Terms and Conditions. I may take legal actions in response.
8.3 I hereby exclude any and all liability arising out of any actions that I may take in response to your breach.
9 PRIVACY AND YOUR PERSONAL INFORMATION
I will only use your personal information as set out in my Privacy Policy.
10 LAW AND JURISDICTION
These Terms and Conditions, and the relationship between you and me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
11 CLIENT TERMS
11.1 If you make a booking through my site, you are agreeing to all of these Terms and Conditions and acknowledging that you have read and understood them.
11.2 You will be required to give me personal information (for example: name and email address) when you book a service or program. This information will only be used in accordance to my privacy policy.
11.3 If the service or program is for someone under the age of 18, the person's parent/guardian/sponsor over the age of 18 (adult in UK law) will need to provide their details during the booking phase. The adult be responsible for the booking and the contract for the service or program will be between Dave Vine Music and the adult.
11.4 You must not share any of the service or program materials with anyone else. This includes passwords for any third party websites that are used during the program or service. It also includes the handbooks, or any other attachment or content of any emails sent between me and you. I will also not share these things.
11.5 The final audio track will be your property and you will be able to use it as you wish.
11.6 If you release your track on any platform (including social media, streaming platform or any other platform that is deemed as an artist releasing a song, you must not use my name or the name of the business unless express permission has been granted by me.
11.7 You are responsible for logging into zoom; all use of zoom and your devices that you choose to connect to the 1-2-1 meetings with; and punctuality for the meetings.
11.8 The length of the 1-2-1 online meetings is set and can only be extended by me.
11.9 The number of revisions of the final audio track is set by me and clearly shown on the website under the service or program page. Extra revisions cannot be added by anyone but me.
11.10 Each program and service comes with a handbook that outlines the process. It is up to you to be familiar with this process through reading the handbook. There are tasks in the handbook which increase the productivity and efficiency of the service or program. It is up to you to complete these tasks and I accept no responsibility for inefficient or unproductive 1-2-1 meetings that have been caused by the tasks in the handbook not being completed.
11.11 If you want to request a refund, please email dave@davevinemusic.com with the request. If the refund is requested before you receive any service or program materials, a full refund will be given. If a refund request is made after the service or program materials have been sent to you, but before any meetings have taken place, there will be a 10% charge, to cover admin and material costs, taken off. If a refund request is made after meetings have taken place, there will be a 10% charge to cover admin and material costs; a further 25% charge per meeting to cover time and service costs. Refund requests made after all the meetings included in the program or service have taken place will be at my discretion.
11.12 I reserve the right to cancel your service or program at any time. The % of refund will depend on the refund policy in 11.11. I will only do so in exceptional circumstances.
11.13 Any songs that promote any discriminatory behaviour or include any discriminatory words will not be accepted and the program or service may be cancelled in accordance to 11.12.
11.14 If you wish to reschedule a meeting, you must notify me at least 24 hours before the scheduled meeting.
11.15 You will not publish any abusive comments about me, my site or Dave Vine Music on any site or social media.
12 DAVE VINE MUSIC OBLIGATIONS
In consideration of full payments for bookings, I agree to:
12.1 Provide the service or program with all due care, skill and ability and in a reasonably timely manner.
12.2 Use all reasonable endeavours to make the service or program available to all but will not be responsible for any persons inability to access the service in whole or in part including but not limited to:
- Poor internet connection
- Incompetent use of technology
- Lack of appropriate equipment / devices
12.3 There will be no rescheduling, repeating or refunding of meetings if caused by your poor internet connection, incompetent use of technology or lack of appropriate equipment / devices. However, this will not be the case if my poor internet connection, incompetent use of technology or lack of appropriate equipment / devices disrupt the meeting.
13 CONDUCT AND FRAUD
13.1 You may only access my site, services and programs for lawful purposes.
13.2 You are responsible for complying with all laws, rules and regulations relating to your use of my services or programs.
13.3 You agree that you will show respect at all times.
13.4 You agree that you will not solicit any personal information from me.
14 INTELLECTUAL PROPERTY
14.1 All program and service emails, handbooks, other materials are mine and are not to be shared.
14.2 All work in the Mind to Matter program and Songwriting services are owned jointly (50% each) until the final master track is produced. The final master track is then 100% yours.
14.3 Everything on www.davevinemusic.com is my property.
15 LIMITATION OF LIABILITY
15.1 You agree that subject to clause 15.2, I shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from your use of the my site or services or programs.
15.2 My liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total payments paid by you for the service or program on which the liability arose.
15.3 Nothing in these Terms and Conditions is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law.