Terms & Conditions
Trading Terms and Conditions
These are the terms of business which govern the contract between you and School of Electronic Music Limited (incorporated in England & Wales with company number 10380731 and registered office address 220 Chapel Street, Manchester, M3 5LE) (hereafter "we", "us", "our", “SEM”, “SEM Online” or “School of Electronic Music”) for any products or services which you purchase from us, including the following (our "Products"):
(i) School of Electronic Music online courses (“SEM Courses"); and
(ii) Videos, software projects, presets, samples, written material ("Digital Content")
whether or not they are made available to purchase through our website or through software which we make available to you from time to time (together, the "Service").
iii) SEM Courses are defined as the combination of the modules comprised within it ie. ‘Music Production Ultimate Course’ is a Course (comprising of six modules). Modules included in part of a larger Course are not for the purposes of these terms and conditions defined as individual Courses - they are modules. For example, the Basics of Music Production module is one of six modules within the Music Production Ultimate Course.
iv) Point iii) is an important distinction. On the training website we use, SEM’s Courses are categorised on the website as ‘Bundles’ and SEM’s Modules are categorised as ‘Courses’.
v) If you had enrolled for and started a Course, you would not be entitled to a refund for modules not yet started. See section 3 for further details.
vi) You will have access to purchased Services for 3 calendar months after your last module ends.
SEM requires a minimum number of students for a module to run. Should you have enrolled onto a module which is not well subscribed, we will notify you at the earliest opportunity and seek to work with you to make adaptations to your training calendar (ie booking you onto the same module that takes place in a different month that might be better subscribed.
Ableton Live Licence
If you are studying the Music Production Ultimate Course, then you will receive Ableton Live 10 Suite (rrp: £539) as part of your training.
If you have paid in advance (or via Omnifinance) for your course, the Ableton licence will be issued to you 14-days after your enrolment once the cooling-off period has ended, or on your first module lesson, whichever comes first.
If you are on a monthly instalment plan, you will receive your Ableton licence after all your course fees have been paid. Alternatively if you wish to receive the Ableton licence earlier, we offer a £250 deposit scheme. Once you have paid the £250 deposit, we can issue the licence to you. Then once your final course payment has been received, we will refund the £250 deposit back to you. An administrator will be in touch to organise this.
Please note that once starting on a monthly payment plan, you have entered into a legally binding agreement and all course fees will be due. Any unpaid course fees will be recouped from the card you have paid on, along with the cost of the Ableton licence (valued at £539).
SEM reserves the right to revoke Ableton Live 10 Suite licences should there be any issue with monthly payments, should the money for the licence (£539) not be able to be recouped.
Please see clause 3.2.6 below for details on a valid cancellation of your course place, should an Ableton Licence have been issued.
Please be sure to make informed purchases. Each product and Course is clearly labelled with what it contains and what software, equipment and skill level is required.
If you are in any doubt as to the suitability of the product you are ordering, please speak with a School of Electronic Music Course Advisor directly before you purchase to ensure that it is suitable for your purposes.
Prices and module dates are subject to change without notice. All trademarks are the property of their respective companies. All rights reserved. All information was correct at time of going to print, errors and omissions excepted.
Please note that all Services are licensed to you and not sold.
Your use of the SEM Courses is subject to our SEM Acceptable Use Policy which is available here within this document.
1. ORDERS AND OUR CONTRACT WITH YOU
1.1 When the contract for a purchase comes in force.
Our acceptance of your order will take place when your order is placed after the checkout page. At this point a contract will come into existence between you and us. Please note we may reject an order if we are unable to accept it, which may be due to an error in the price or description of that Service, unavailability or technical problems, in which case we will inform you, and not charge you (and will refund you if your payment has already been made).
2. OUR PRODUCTS AND SERVICES
2.1 Updates to digital content. We may update or require you to update Digital Content, provided that the Digital Content shall always match the description of it that we provided to you before you bought it.
2.2 School of Electronic Music online courses (SEM Courses). The following terms apply to your use of any SEM Courses:
2.2.1 SEM Courses are for your personal use only, on an "as is" basis and all use must be in accordance with these terms and conditions.
2.2.2 We will use reasonable efforts to make the SEM Courses are available to you throughout the duration of your training. We warrant only that the SEM Courses, when made available by us, shall be of satisfactory quality, as described and fit for purpose. Please note that we may need to carry out scheduled and emergency maintenance from time to time, in which case our supply of the SEM Courses may be suspended temporarily as described further at clause 3.5.
2.2.3 The SEM Courses platform is not a back-up service, and should not be relied on as such. While the SEM Courses platform may enable you to access your audio, you shall ensure that you maintain your own independent back-up of your audio, and we shall not be responsible for the loss of copies of your audio if you do not.
2.2.4 You acknowledge that the Internet is not a secure medium, and we shall not be liable in any amount or kind of loss or damage due to viruses or other malicious software that may infect your computer equipment, software, data or other property caused by persons accessing or using the Service (save to the extent that damage to your device or other digital content which you own is caused by the Service as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device).
2.2.5 We do not warrant that the operation of our Service will be uninterrupted or error free or that any error or interruption can or will be corrected. We reserve the right to suspend the SEM Courses at any time where reasonably necessary for us to comply with our legal obligations or where you breach these terms and conditions.
2.2.6 We may terminate your access to SEM Courses immediately, provided that we shall refund to you any amounts you have paid in advance for use of the Service after termination.
2.2.7 Where we have offered you a SEM Course for free without payment, we may suspend or terminate it at any time, for any reason, and without liability to the extent permitted by law.
3. YOUR RIGHTS TO END THE CONTRACT
You can end your contract with us as follows. (PLEASE NOTE: your right to end your contract is subject to certain important exclusions, which are set out below. Please check these carefully.)
3.1 Your rights when you end the contract will depend on when you decide to end the contract
3.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 3.2;
3.1.3 If you have just changed your mind about the Service, you may be able to get a refund as set out in clause 3.3 if you are within the 14-day cooling-off period, but this may be subject to deductions;
3.1.4 In all other cases (if we are not at fault and there is no right to change your mind, outside of the cooling-off period), no refunds will be due.
3.2 Ending the contract because of something we have done or are going to do. If:
3.2.1 we have told you about an upcoming significant change to the Service or these terms which you do not agree to;
3.2.2 we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
3.2.3 there is a risk that supply of the Service may be significantly delayed because of events outside our control;
3.2.4 Then you have a legal right to end the contract because of something we have done wrong, you may end the contract and we will refund you in full for any Services which have not been provided.
3.2.5 Should the Ableton Live 10 Suite licence have been included in your training and given to you, the price of this will be factored in as £539. The cost of this licence will be offset against the cost of any refunds to you, should the refund be because of something we have done or have told you we are going to do.
3.2.6 Should it be the case that you have not paid enough to cover the cost of the training you have undertaken plus the cost of the Ableton Live 10 Suite licence, then this will be recouped by SEM via the card that you paid on.
3.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For our Online Courses and Services provided by School of Electronic Music, you have a legal right to change your mind within 14 days and receive a refund, although please see clause 3.4. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
3.3.1 Once you have enrolled on a Course, you have 14-days to change your mind as long as your Course has not begun within this 14-day period. Please refer to section 4 for ways to contact us to cancel your Course.
3.4 IMPORTANT: When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
3.4.1 Courses or Services after you have started to download, watch or stream these. For example, once the first lesson of your SEM Course has begun, the Course is then fully non-refundable. At this point you will lose the right to cancel your Services and the right to cancel any monthly instalment payment plans. Refunds cannot be given out for each of the modules within the course that are not started, in relation to point iii)
3.5 If you have bought our Service, such as enrolling for a SEM Course, you have 14 days from enrolment in which to change your mind, assuming the first lesson of your Course has not begun within this 14-day period. Should the Course start date begin within this cooling off period, then your right to change your mind will be invalidated.
3.5.1 Once we have completed the Services, you cannot then change your mind and request a refund.
3.5.2 If you cancel after we have started the Services, you are still liable to pay us for the Services for the full Course in relation to 3.4.1.
3.5.3 This also accounts for if you are on a monthly instalment plan for your payments. All of your payments will be due as normal, even if you decide to cancel our Services, if you are outside of your 14-day cooling off period, your Course has started, and if it is not due to something we have done in relation to
3.1.2. Payment plans are only offered as a way to spread the cost, it does not negate that the full fees for Services are still due.
4. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
4.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 4) and wish to do so, please let us know by doing one of the following:
4.1.1 Email. Email us at: firstname.lastname@example.org
4.1.2 By post. Or simply write to us at the address above, including details of what you enrolled for, when you enrolled, and your name and address.
4.2 Should your refund be due, as per 3.1.2 or 3.1.3, we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
4.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
4.3.1 We will deduct from any refund an administration fee of £25.
4.3.2 We will also deduct £539 for the cost of Ableton Live 10 Suite licence should this have been issued to you. It is not possible for us to accept returns of the Ableton Live 10 Suite licence.
4.4 We will make any refunds due to you within 14 days of your telling us you have changed your mind.
5. PRODUCTS INCLUDED WITH TRAINING
5.1 Ableton Live 10 Suite is provided to students enrolling on our Music Production Enhanced Online Course, and our Music Production Ultimate Online Course.
5.1.2 The cost of Ableton Live 10 Suite is valued at £539.
5.2 If you are enrolled on either of these courses and have paid in advance, then we will issue the Ableton Live 10 Suite licence to you after your 14-day cooling off period has been completed, or on your Course Start date - whichever comes first.
5.2.1 Should the date of your first Course lesson be within the 14-day cooling off period, on the date of your first course lesson you will lose the right to cancel your Services. After this point, we can then issue the Ableton Live 10 Suite licence.
5.3 If you are enrolled on either of these courses and are paying in instalments for the Services, then we will issue the Ableton Live 10 Suite licence to you only after a minimum of 2 course instalments have been received.
5.3.1 Should you wish to pre-pay these instalments early to receive the Ableton Live 10 Suite licence, please be aware that we cannot issue the Ableton Live 10 Suite licence until after your 14-day cooling off period has been completed, or your Course first lesson starts, whichever comes first. At this point you will lose the right to cancel your Services. We can then issue your Ableton Live 10 Suite licence.
5.4 It is not possible for us to have Ableton Live 10 Suite returned to us in exchange for funds. We do not accept refunds of Ableton Live 10 Suite licences.
6. OUR RIGHT TO END THE CONTRACT
6.1 We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:
6.1.1 you do not make any payment to us when it is due and you still do not make payment within three days of us reminding you that payment is due;
6.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
6.1.3 you do not, within a reasonable time, allow us to supply the Services to you;
6.1.4 you do not comply with the terms of a licence applicable to your use of Digital Content, or with these terms and conditions.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1 (or if you decide to end the contract for the reasons set out at 3.1.2 or 3.1.3 by writing to us) we will refund any money you have paid in advance for Products and Services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7. IF THERE IS A PROBLEM WITH THE SERVICES
7.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us by telephoning us on +44(0)161 844 4722, by writing to us at email@example.com or to School of Electronic Music, 220 Chapel Street, Manchester, M3 5LE.
7.2 For detailed information on your rights as a consumer, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU USING THE PRODUCTS AS A CONSUMER
8.1 We shall not be liable to you for:
8.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
8.1.4 defective products under the Consumer Protection Act 1987; or
8.2 Except to the extent expressly stated in Clause 8.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
8.3 Subject to Clause 8.1:
8.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of data, or any indirect or consequential loss arising under or in connection with any contract between us;
8.3.2 we shall have no responsibility to you in respect of the quality or performance of the Digital Content which is developed and made available to you by our third party licensors for whom we act as a reseller; and
8.3.3 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Products under such contract.
9. HOW WE MAY USE YOUR INFORMATION
10.1 OTHER IMPORTANT TERMS
10.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
10.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
10.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
10.8 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
ACCEPTABLE USE POLICY
1. You agree and undertake that you will not post, communicate, employ, transmit or make available to or through our website or in the course of using the SEM Courses any statement, material, communication or other content which:
1.1.1 is unlawful or which gives rise to civil or criminal liability;
1.1.2 infringes the intellectual property or other rights of any third party;
1.1.3 in the case of uploading material using our Services, comprises any content other than audiovisual material related to music;
1.1.4 involves exploitative behaviour, through but not limited to, third party programs, bots, scripts or other means which are reasonably prohibited by us from time to time, or which take advantage of bugs, unintended errors, or features that have not been documented, to access restricted parts of our website or services;
1.1.5 is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
1.1.6 is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
1.1.7 is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
1.1.8 harasses any person;
1.1.9 may be deemed a marketing or commercial communication or promotes the products or services of any person;
1.1.10 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
1.1.11 solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
1.2 You authorise us to remove, restrict, suspend or alter any of the material which you supply to us through our website or services, in our sole and absolute discretion, including but not limited to content which conflicts with the terms of this acceptable use policy.
1.3 If you discover material which you believe contravenes this acceptable use policy or is otherwise objectionable please notify us at firstname.lastname@example.org.