Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

Each time you pay using your credit card you are agreeing to revealing personal data (name, email etc), and by continuing to use the site, you are in effect agreeing you are happy to continue letting us have that data. We will never misuse your data (sell, lend, copy to anyone) and whilst the SSL security looks robust on this platform we cannot be held responsible if a breach occurs. It's highly unlikely but anything on-line caries a small risk so please be aware of the risk. Caveat Emptor.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

9. Use of images

We reserve the right to use photos and video snippets occasionally from live events to publicise future events. Please let us know if you do not wish to be involved and remember you can access live events whilst hiding behind a blank screen.

10. For the 'Harmonica Mastery Program/Course' the following agreement/NDA is in place - please read and accept the terms, if you wish, by confirming here.

Harmonica Mastery Agreement - PART I: Commitment to the Program

I, _________________________________________________ (Student)

do hereby state that: I intend to follow the Harmonica Mastery Program” from or near the date of this agreement. I intend to carry out all the instructions on the website with integrity and diligence. I intend to be supportive, and helpful to my fellow Harmonica Mastery” students. To engage with, buddy up, support each other, and make friends. This is not only about developing a habit of sharing your journey, it is to help each other progress. I am happy for Ben Hewlett and Harmonica Mastery” to use parts of my and other studentsvideos/photos/live feeds posted on the Harmonica Mastery” Facebook page to show prospective students, and place them publicly on www.HarmonicaMastery.com.

I have read and understand the 90 day guarantee which is:

Harmonica Mastery guarantees you will make discernible progress within 90 days, or your money back. We are 100% confident that this Program works. Our 90 day guarantee agreement requires you to show you have spent at least 45 hours studying harmonica effectively, you have submitted one video to the FB group most days for 90 days, you have attended most of the live sessions and masterclasses, you've attended/played at most of the open mics. This does not affect your statutory rights.

Signed _______________________________________________

Date _______________________________________________

Harmonica Mastery Agreement – Part II:

Basic Non-Disclosure Agreement

This Non-Disclosure Agreement (the "Agreement") is entered into by and between BEN HEWLETT, OWNER OF HARMONICA MASTERY LTD” program with its principal offices at Chipping Sodbury, South Gloucestershire, BS37 6DA, UK ("Coach")

and ____________________________________________ ("Student")

of ____________________________________________ (Address)

For the purpose of preventing the unauthorised disclosure of Confidential Information as defined below, the parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").

1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Coach (Ben Hewlett and the Harmonica Mastery” program) is engaged. If Confidential Information is in written form or any other form of media (e.g. audio, video, et.al.) it shall not be disclosed unless agreed to in writing by the Coach. All information related to the above referenced Harmonica Mastery” program as created and used by the Coach shall be deemed "Confidential" and is acknowledged hereby by the Student.

2. Exclusions from Confidential Information. Student’s obligations under this Agreement do not extend to information that is agreed and allowed for in writing by the Coach and Student.

3. Obligations of Student. Student shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Coach and the taking and learning of the Harmonica Mastery” program. Student shall not, without prior written approval of Coach, use for Student's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Coach, any Confidential Information. Student shall return to Coach any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Coach requests it in writing. You may show family members - eg if you want to teach grandchildren.

4. Training and Services. Due to the digital nature of our training and services, because you get access to the entire program immediately, and because the law - (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 UK Statutory Instruments2013 No. 3134 Part 3 Section 28(h) https://www.legislation.gov.uk/uksi/2013/3134/made) - states ‘services related to leisure activities, if the contract provides for a specific date’ are excluded from the 14-day cooling off period, all sales are final and non-refundable, other than through our money back guarantee as seen above. Signing this, acknowledges your understanding and agreement. You hereby also agree that a change of mind or direction after the sale has been made has no automatic right to a refund. This does not affect your statutory rights.

5.Time Periods. The nondisclosure provisions of this Agreement shall survive this Agreement and the completion of the Harmonica Mastery” program and Student's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Coach sends Student written notice releasing Student from this Agreement, whichever occurs first.

6. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, limited partner, associate, or employee of the other party, for any purpose.

7. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

8. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.

9. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

10.Payment and Credit. When you sign up to our Services and Training, you acknowledge and agree to either pay the entire balance of the program right away, or, IF you opted for a payment plan, you acknowledge and agree to honour the entire balance. This is a legally binding contract. There is no automatic right to cancel this contract.

Harmonica Mastery Agreement – Part III:

Service Contract

This contract forms a legally binding agreement between Harmonica Mastery Ltd. and (the student”).

  1. Our promise to you:

We agree to provide you with full access to our training and group coaching program, Harmonica Mastery.

You will have access to the online training portal of the Harmonica Mastery for the life of the Harmonica Mastery company, if you are on the Lifetime Access option, provided as soon as you pay in full.

You will also have access to the live coaching calls for the life of the Harmonica Mastery company if you are on the Lifetime Access option as soon as you pay in full.

  1. Provision of service:

The provision of service of the Harmonica Mastery program is subject to change. Harmonica Mastery reserves the right to amend, alter, add to or take away from the online training materials, group call schedule and support provisions at any time.

We are committed to providing all participants with a positive experience. Thus, Harmonica Mastery may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

  • you become disruptive, abusive or difficult to work with;
  • you impair the participation of our instructors or participants in our program(s).
  1. Terms of Sale:
  • We are only able to help committed people. Therefore, you hereby ratify your understanding that because the program is digital in nature and immediately accessible for download, all program sales are final and non-refundable as stated above. You hereby also agree that a change of mind or personal circumstances (eg. injury, illness, family difficulties, etc.) after the sale has been made is not a valid justification for a refund unless the terms of the money-back guarantee have also been met. You agree that you have had ample time to make an educated decision about working with Harmonica Mastery. You also agree that you do not have any disabilities or impairments that would prevent you from completing our program. You also agree to seek your own help with any computer or technical difficulties you may have. We use a basic website, standard zoom, and (optionally) our Private Facebook Group and will help as much as possible but can’t be teaching you how to use your computer! This does not affect your statutory rights.
  • Our money-back guarantee policy is as follows: You are entitled to a refund of the course fees paid to Harmonica Mastery Ltd (less reasonable admin costs) only if you complete and execute consistently all lectures and courses in the training program. You must also demonstrate that you have followed all of the advice given for the entirety of this time. Finally, you need to have checked in with us (at the least) weekly to help you manage your learning until instructed otherwise by one of the coaches. If following all of these steps, you can demonstrate with evidence beyond doubt, that your harmonica progress is not discernible (as decided by Ben Hewlett or his Team, and verified by a prominent Committee member and Trustee from within HarmonicaUK Registered Charity (England & Wales 1131484), then a refund of the course fees paid (less reasonable admin costs) will be granted within 30 days of the receipt of the refund request.
  • Our VAT number for your records is 432 0367 30
  • Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties. No modification of or amendment to this agreement shall be effective unless in writing and signed by each of the parties.
  • Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflicts of law provisions. Exclusive jurisdiction and venue for any action arising under this agreement is in the national court in London, and both parties consent to the jurisdiction of, and irrevocably waive any objection to venue in courts for this purpose. In any action or proceeding to enforce this agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with that action or proceeding and enforcing any judgment or order obtained.

This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement freely and voluntarily.

Complaints

We at Harmonica Mastery are committed to providing a high-quality service to all our clients. We are very keen to hear of any situations where we have fallen short of both your expectations and the expectations set by us, so that we can continue to improve our standards and service to all our clients.

We also encourage anyone who has been dissatisfied with our service in any way to let us know so that we can continue to improve.

While we rarely receive complaints about our service, we believe that is important for any quality-focused business to have a published Complaints Policy, which is clear for not only our clients, but our staff as well.

Below is our complaints procedure:

Overall responsibility for this Complaints Policy and the implementation thereof lies with the director of Harmonica Mastery Ltd, whose principal place of business is 17 Horse St, Chipping Sodbury, South Glos, BS37 6DA

This Complaints Policy is regularly reviewed and updated as required.

If you have any cause to complain about us or any of our staff, and your complaint in any way relates to our provision of the services, then you agree in the first instance:

To put your complaint in writing to Harmonica Mastery Ltd using the address above or for a swifter response, by email: [email protected]; and you agree not to publish (or cause the publication of) your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet.

We will investigate your complaint and give our considered response to it within 21 days of your complaint being received.

If you accept any settlement outcome offered by us in our written or verbal response to your complaint, then that settlement outcome will be implemented in full and final settlement and the terms of settlement shall remain private and confidential between the parties (or any legal advisors if applicable).

If you are unhappy with our response to your complaint, then you must refer your complaint to the Centre for Effective Dispute Resolution (CEDR”) for the appointment by CEDR of an independent mediator to seek resolution through mediation.

You may also find this useful: https://www.tradingstandards.uk/

To find out about the CEDR independent adjudication scheme including its rules and guidance notes please visit https://www.cedr.com/consumer.

Only if a formal mediation arranged by CEDR fails to resolve your complaint can you take the opportunity to put your complaint to a court (and in such a case the English Courts shall have exclusive jurisdiction to determine your complaint).

For the avoidance of any doubt, your obligation not to publish shall be an on-going obligation until (but not beyond) the delivery of a final judgment in open court on any legal claim which you commence in accordance with the provisions of this clause.

If you have any questions or require further information about any aspect of this Complaints Policy, please contact us by post using the address above or by emailing [email protected].

Coach

Student

Signature


Signature

BEN HEWLETT

Printed name

Printed name