MONKEY MUSIC LIMITED TERMS & CONDITIONS OF SALE: WEBSITE SHOP
1. Who We are
Monkey Music is a trading name of Monkey Music Limited, a company incorporated in England and Wales with company number 03155505.
Our registered office is at: 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, United Kingdom AL5 3NS.
Our registered VAT number is 685 1332 30.
This website (https://www.monkeymusic.co.uk/) is owned and operated by us.
To find out more about us visit https://www.monkeymusic.co.uk/why-us.
2. Application of these terms & conditions
- Please read these terms and conditions carefully before placing your order (you may wish to print a copy for your records). These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. By placing an order through this website, you confirm that you have read, understood and agree to these terms and conditions.
- If you think there is a mistake in these terms and conditions or there is anything you do not understand, then please contact us using the contact information provided at paragraph 19 below.
- We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last modified on 14th November 2019
3. Our goods
·The images of the goods on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee a device’s display of the colours accurately reflects the true colour of the goods. Your goods may vary slightly from those images.
·All goods measurements are approximate only and the packaging of the goods may vary from that shown in images on our website.
- You should always read the labels, warnings and instructions provided on or with the goods before using them and not rely solely on the information on our website. This notice does not affect your legal rights.
- If you have any queries about the goods you have purchased then please contact us using the contact information provided at paragraph 19 below.
4. How to buy
To place an order for goods on this website, you should:
- Step 1: Add your goods to the “Cart” by clicking on the “Add to Cart” button.
- Step 2: Enter the “Cart” and click on the “Checkout” button.
- Step 3:
- Existing customers: If not already logged in, log in to your online account through the link in the “Customer Information” section on the “Checkout” page. If you are a Little Monkey Club member, you may alternatively click on the Parent Zone login in the “Parent Zone” tab on the homepage on this website to apply your Little Monkey Club member discount.
- New customers: Provide your valid email address, billing and delivery address information. We will then create an account for you and email you the user ID and password. You can then use this to log in and reset the password to one of your choosing as you will be able to track the progress of your order. Your personal information will be held in the strictest confidence and used in accordance with our privacy notice, a copy of which can be viewed here https://www.monkeymusic.co.uk/privacy-notice.
- Step 4: Select your delivery option.
- Step 5: Review your order and tick to confirm acceptance of these terms and conditions before continuing to payment.
- Step 6: Place your order and make payment.
- You can access your shopping cart, review it and make changes to it at any time up until the point at which you place your order. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this as detailed in paragraph 10 below.
- If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually on the following business day in the UK.
- Once you have placed an order, you will receive an order confirmation email (Confirmation of your order at Monkey Music) e-mail from us acknowledging receipt of your order and containing details of your order, which we would recommend that you print out and keep for your own records). Our order confirmation e-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the goods ordered. We only accept your offer, and conclude the contract of sale for the goods ordered by you, when we dispatch the goods to you or (where you have ordered digital content) we make this available for you to download. The contract that is formed shall be in English and will include these terms and conditions.
- Please note that our goods are subject to availability. Whilst we will try our best to ensure the website only displays goods which are in stock, this can change quickly and so there may be circumstances where a product you have ordered is unavailable. If we have already accepted your order we will notify you and you will have the opportunity to cancel your order (see paragraph 10 below) or order a suitable replacement otherwise we will notify you that we cannot fulfil your order and will terminate the contract between us.
- We may also be unable to accept or fulfil your order where:
- we have identified an error in the price or description of the goods;
- we are unable to obtain authorisation for your payment;
- you do not meet the eligibility to order criteria as set out in these terms and conditions;
- we are unable to meet a delivery deadline you have specified.
- We will let you know if this is the case and will not charge you for the goods you have attempted to order in these circumstances.
- Our website is solely for the promotion of our goods in the UK and we do not currently deliver (physical) goods to addresses outside the UK. We can supply our digital content for download to customers based outside the UK as this does not involve the delivery of physical goods.
5. Intellectual property rights to the digital content
- We, our affiliate companies, business partners, licensors or other respective owners own the copyright in our digital content and you must not use, copy or in any way deal with it except as provided for in these terms and conditions.
- Except as stated in these terms and conditions, all trade marks service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with our Content and service are the property of us or our affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner.
- We grant you a royalty-free, personal and non-exclusive licence to use our digital content on your compatible device solely for your own non-commercial use and as authorised by us in accordance with these terms and conditions only.
- You agree that you will not acquire any rights or ownership in or to our digital content. All rights not granted to you are reserved to us.
- You agree not to:
- use, download, reproduce, create derivative works from, summarise, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate all or part of our digital content any media or to any third party without our prior written consent; or
- remove, change or obscure any identifications, copyright notices or notices of intellectual property rights on our digital content.
6. Price and delivery charges
- The prices of the goods will be as shown on our website and in British Pounds Sterling (GBP) including VAT. Our prices may change from time to time but this will not affect any order you have placed and which we have accepted before any price change takes effect.
- Our prices exclude delivery charges. You will be informed at checkout about the delivery charges for your order.
- We make every effort to ensure that the correct prices are displayed on our website. However, if we discover an error in the price of the goods you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly and we will process a refund to you of any sums you may have already paid to us for that order.
- Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
- If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
7. Discount and promotion codes
- Occasionally, we may offer special promotions (such as discounts or offers) on certain goods. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
- To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
- We may occasionally offer promotional discounts, with or without a promotion code or vouchers that entitle you to free downloads of certain digital content. Promotions with codes and our vouchers for free downloads are usually only valid for one transaction or one download only (this will usually be stated either on our website or the voucher itself) and once the code or voucher is used it will be deactivated and will no longer be valid.
- Promotions cannot be added to an order after the order has been completed and payment made. Please ensure that the voucher or code is registered before you confirm and pay for the goods.
- We are not responsible for promotions related to our goods where such promotions are published on external websites or other media.
- We reserve the right to withdraw a promotion or promotional code at any time.
8. How to pay
- You can pay for goods on our website using a Visa, Mastercard or Solo debit or credit card. All transactions are charged in pounds sterling at checkout.
- During the checkout process, you will be asked for your payment details. By completing these you are confirming that the debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
- You must pay for the goods and any digital content (and all applicable delivery charges) in advance (and before any download) via your chosen payment method and we will charge your debit card or credit card when you place your order.
- If you have ordered physical goods, we will use our best efforts to send you your goods by the estimated delivery date associated with your chosen delivery option, or, if no date is specified, then no later than 30 days following the date of your order confirmation email. If we are unable to meet any estimated delivery date, or we consider there may be a delay we will contact you with a revised estimated delivery date.
- If you have ordered digital content for download, we will make the digital content available for you to download via an email ‘File Downloads for Order #xxxx‘ which will contain a link to your download files. Your download files will be saved in the ‘My Account’ section of the site.
- Delivery will be completed when we either deliver the goods to the delivery address you gave us or make the digital content available for download (as the case may be). You must promptly notify us of any change to your delivery address or contact phone numbers. Goods you order from us will be delivered to the delivery address notified by you at the time of placing your order. We have no liability whatsoever for any goods delivered to an address which has not been correctly provided or updated by you.
- If our supply of your ordered goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
- For courier selected deliveries, if no one is available at the delivery address to take delivery and you have not made arrangements with our courier, or it is not possible, to leave the goods securely at the premises, you will be left a note informing you that delivery has been attempted and that goods have been returned to our courier’s premises, in which case, please contact us or our courier to rearrange delivery.
- If after a failed delivery, you do not re-arrange delivery or collect the goods from the delivery depot notified to you we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we will refund you the money you have already paid for the order but reserve the right to deduct from the refund a reasonable sum as compensation for any costs we have incurred as a result.
- We are responsible for the goods until the point they are delivered to you. You are responsible for the goods on delivery.
- Unfortunately, we do not deliver to addresses outside the United Kingdom and we are unable to deliver to the Channel Islands.
10. Your right to change your mind
- If you have bought physical goods from us, you have 14 days after the day you receive the goods to change your mind, cancel your order and receive a refund, provided, in the case of sealed audio, video or computer software, that these have not been unsealed by you and include their original undamaged packaging and any related accessories.
- If you have bought digital content for download or streaming, you have 15 days from the date we sent you your order confirmation email and made the digital content available to you to download or stream to change your mind, cancel your order and receive a refund. HOWEVER BUT PLEASE NOTE: you will not be entitled to cancel your order if you start to download or stream the content within this 15 day period. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- To exercise your right to cancel, you must inform us of your decision to cancel within the cancellation period stated above by sending a notice to us in writing that you are exercising this right of cancellation to the following email address: [email protected] You may instead prefer to cancel your order by completing and returning to us our cancellation form a copy of which can be downloaded here. We suggest you keep a copy of your cancellation notification for your own records.
- Your cancellation is effective from the date you sent us the e-mail notifying us that you wish to cancel.
- If you are returning your goods by post, we recommend that goods are sent by registered post with your local post office or by courier so that you can track the goods and that you always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded. For more information on refunds, see paragraph 12 below.
- Please note if we supplied promotional items free of charge with the order that you wish to cancel and return then all promotional items must be returned with the cancelled order items in order to qualify for a full refund. For more information on refunds including our right to make deductions in certain circumstances please see paragraph 12 below.
11. Damaged or faulty goods
- If what you have bought is faulty, broken (on arrival) or misdescribed (minor variations do not count, see paragraph 3 above), please contact us as soon as possible at [email protected] . We will (at your choice) either replace or repair the faulty goods free of charge or, refund you the price of the faulty goods and the delivery charges you paid for the goods. Where the goods which are faulty, broken or misdescribed are wholesale goods, please contact us as soon as possible at [email protected] .
- You also have the right to terminate the contract where:
- we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- we have suspended or have notified you that we are going to suspend supply of the goods for technical reasons for a period of more than 30 days beyond the estimated delivery date associated with the delivery option you chose when placing your order; or
- where we have done something wrong or failed to do something in breach of the contract between you and us.
- In any of the circumstances detailed above please notify us by e-mailing us at our contact details set out below at paragraph 19. The contract will end as soon as we receive your notification and we will refund you in full for the price of any goods (plus postage costs) you have paid for and which have not yet been provided.
- Goods must be returned unused, undamaged in their original, undamaged, packaging.
- If you are returning or cancelling your order in accordance with these terms and conditions, you will receive a full refund of the price you paid for the goods including delivery costs except as follows:
- we are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. special delivery within 2 working days) we will not pay the difference between this method of delivery and our least expensive method of delivery; and
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling of the goods which would not be permitted in a shop. You have a legal obligation to take reasonable care of the goods while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- We will process any refund due to you as soon as possible and, in any case, no later than:
- In the case of physical goods - 14 days after the day we receive the returned goods from you; or (if earlier) the day you provide us with evidence that you have returned the goods; and
- For digital content available for download or streaming - within 14 days of you telling us you have changed your mind.
- All refunds to you will be made by the payment method you used when paying for the order being refunded.
13. Legal rights
- As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms will affect these legal rights.
- If you have any questions or complaints about the goods, please contact us using the details set out at clause 19 below.
14. Our liability
- We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.
- We only supply goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes unless you are one of our franchisees and then only in accordance with the franchise agreement you signed with us and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive goods as described and which match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
15. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our control (including but not limited to strikes, fire, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).
- If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event. If this affects our delivery of goods to you, we will arrange a new delivery date with you as soon as we are able to confirm this but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not yet received.
16. How we use your personal information
We will only use your personal information in accordance with our Privacy Notice which can be viewed at https://www.monkeymusic.co.uk/privacy-notice. Please take the time to read this.
17. Other important terms
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens and we will ensure this does not affect your rights under that contract. You must not transfer any of your rights and obligations under any contract unless we agree.
- Each clause of these terms and conditions is separate and if any court or relevant authority decides that any clause is unlawful or unenforceable, the other clauses will remain in full force and effect.
- If we do not insist that you perform any of your obligations under these terms and conditions, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These terms and conditions are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18. Alternative dispute resolution.
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 use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at www.ec.europa.eu/consumers/odr which is designed to assist consumers to resolve dispute online without having to go to court.
19. Contact us
If you have any questions about us, these terms and conditions, our website or our goods, please do not hesitate to contact us at [email protected]
MONKEY MUSIC LIMITED TERMS & CONDITIONS OF BOOKING
These terms and conditions apply to the following Monkey Music experiences: workshops, complimentary classes, enrolment into regular classes and free promotional events, which you book online or by telephone and which are provided by one of our franchisees to you.
Please read these terms and conditions carefully before placing your booking request. We recommend that you print and retain a copy for future reference.
These terms and conditions were last modified on 17th August 2020.
1. ABOUT US AND OUR FRANCHISEES
We are Monkey Music Limited and are registered in England and Wales under company number: 03155505. Our registered office is at 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, AL5 3NS. Our VAT number is 685 1332 30 and you can contact us using the contact details provided at paragraph 2 below.
Monkey Music is a franchised business. All of the Monkey Music experiences are provided by our independent franchisees. Therefore any Monkey Music experience you book will be provided by one of our franchisees, not by Monkey Music Limited. That franchisee’s details will be provided on the booking confirmation email sent to you once your booking request is accepted and references to “your franchisee” in these terms and conditions refers to that franchisee.
Our franchisees are independently responsible for the operation of their Monkey Music business and the provision of the Monkey Music experiences by them.
Therefore when you book a Monkey Music experience with one of our franchisees your contract is with that franchisee and not with us. Your franchisee is solely liable for the Monkey Music experiences you purchase from them whether via our online booking system, or over the telephone.
When you book a Monkey Music experience via our online booking system we are only accepting your booking request as agent on behalf of your franchisee. As stated above, the legal contract in relation to your booking request is between you and your franchisee fulfilling your booking request not with us.
We are not liable for the acts or omission of your franchisee. Your booking is nevertheless subject to these terms and conditions.
2. HOW TO CONTACT US OR YOUR FRANCHISEE
You can contact us by telephoning us on 01582 766464 or by emailing us at [email protected] or by writing to us at 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, AL5 3NS.
However please direct any queries you have in respect of your booking to your franchisee not us. You can contact your franchisee using the details shown on your booking confirmation email and on the webpage or email link you used to make the booking request.
If we or your franchisee have to contact you, then we or your franchisee will do so using the contact information listed in your account in the parent zone.
3. HOW TO BOOK
You can book a Monkey Music experience:
- Through our online booking system by adding the chosen Monkey Music experience to your online basket and completing the online checkout process (this submits your booking request for that Monkey Music experience) and making payment in accordance with these terms and condition.
- By telephoning your franchisee to submit your booking request for that Monkey Music experience and making payment in accordance with these terms and conditions.
By placing a booking request you are confirming that you are at least 18 years old. If you are under 18 years old you are not permitted to place a booking request via this site.
When completing a booking you must provide us with complete and accurate payment information
4. WHEN A CONTRACT WITH YOUR FRANCHISEE IS FORMED
Acceptance of your booking request will only take place when your franchisee sends the booking confirmation email to you to confirm the booking or when you attend the booked Monkey Music experience (whichever happens first). At that point, a contract will come into existence between you and your franchisee which includes these terms and conditions.
If you do not receive a booking confirmation email, then please call your franchisee or contact them using the contact details on their webpage.
Where the person (referred to as “you” in these terms and conditions) making the booking is not the person who will be accompanying and having care and control of the child attending the booked Monkey Music experience (the carer) you are responsible for ensuring that the carer has read and complies with these terms and conditions and you are responsible for the carer’s behaviour and any breach of these terms and conditions by the carer.
If your franchisee is unable to accept your booking request your franchisee will inform you and no contract will be formed between you and your franchisee. In these circumstances you will not be charged or, if you have already paid for the booked Monkey Music experience you will be refunded the amount paid by you.
5. OUR RIGHTS TO MAKE CHANGES
We and/or your franchisee may have to occasionally change the Monkey Music experiences to reflect changes in relevant laws, health and safety requirements (including any social distancing requirements or guidelines) and regulatory requirements. These changes will not affect your use of the Monkey Music experiences.
If we or your franchisee make any change which affect your rights under these terms and conditions or your use of the Monkey Music experiences in any material way you will be notified when the relevant changes take effect and will be given the opportunity to end the contract before the changes take effect and receive a refund for any Monkey Music experiences paid for but not yet completed.
6. CAN YOU CHANGE YOUR BOOKING?
If you wish to make a change to the time, date or venue of the booked Monkey Music experience or, your enrolment with Monkey Music more generally, please contact your franchisee. You will be informed if the change is possible. If it is possible, you will be notified about any changes to the price of the Monkey Music experience, the timing of supply or anything else which would be necessary as a result of your requested change and you will be requested to confirm whether you wish to go ahead with the change.
If the requested change cannot be made or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 13 below). However where your franchisee is not at fault and you are not within the cancellation period a deduction may be made from any refund due to you to compensate your franchisee for the loss incurred as a result.
7. WHERE CAN YOU FIND THE PRICE?
The price of the Monkey Music experience will be the price shown prior to check-out (if you book online) or the price notified by your franchisee to you over the telephone.
All reasonable care is taken to ensure that the price shown for each Monkey Music experience is correct at the time of booking. Despite this, it is possible that some of the Monkey Music experiences may be incorrectly priced when you place your booking request. The price is usually checked before your booking request is accepted. If the correct price for the Monkey Music experience at the date you submit your booking request is less than the price which has been shown or notified to you when making your booking then the lower amount will be charged. If the correct price is higher than the price shown or notified to you when booking, you will be contacted for your instructions before your booking request is accepted.
Where you are already enrolled with Monkey Music for terms of classes then the price for the next term of classes will be notified to you by email in advance of the next term and, you will have an opportunity to cancel (see paragraph 10 below).
Prices are inclusive of VAT (where VAT applies). If the VAT rate changes between the date of your booking request and the date the booked Monkey Music experience is provided and, you have not already paid the price, then we will adjust the rate of VAT that you pay. This may result in a refund or you paying an additional amount to your franchisee.
We may need to increase the recurring price of enrolment from time to time (we will not do so mid-term). If we do, then you will be provided with at least 40 days advance notice of any proposed price increase with details of when it will take effect and you will be given the opportunity to cancel your automatic re-enrolment. If you do not cancel your enrolment by the date given to you in the notice, then the recurring price of your re-enrolment will be increased in accordance with our notice.
8. WHEN YOU MUST PAY AND HOW YOU MUST PAY
Details of the available payment method(s) are set out on your franchisee’s payment page of the website.
Although we make this online booking service available to you on behalf of our franchisees, your payment is made directly to your franchisee (whose details are shown on the payment page and confirmed in the booking confirmation). Equally any other payments to be made by you or chargebacks or refunds owed to you in respect of any booking you make will be processed and made by your franchisee in accordance with these terms and conditions.
You will not be charged by us or your franchisee to attend a free promotional event.
- Workshops You must pay the full price of the workshop when booking and before you or any carer attends the workshop with the child. The maximum number of children permitted to attend the workshop with you or your carer at the same time is usually 3 but your franchisee can vary (including reduce) this number from time to time to help ensure compliance with health and safety guidelines or the safety of other attendees. Please speak to your franchisee in advance if you or your carer wish to bring more children than shown on the booking to see if your franchisee can accommodate this request.
- Complimentary class
Any child who has not attended a Monkey Music class before is offered the option to try a complimentary class (accompanied by you or their carer) before you decide whether to book for that child to attend a term of regular classes. There is no charge for this complimentary class but it should be booked via our online booking system or by telephone. Please note this offer is not available for any child who has previously attended a Monkey Music class.
- The maximum number of children permitted to attend a complimentary class with you or your carer at the same time is usually 3 but your franchisee can vary (including reduce) this number from time to time to help ensure compliance with health and safety guidelines or the safety of other attendees. Please speak to your franchisee in advance if you or your carer wish to bring more children than shown on the booking to see if your franchisee can accommodate this request.
If you attend a complimentary class without previously booking and there is space in that class, then your franchisee may in their discretion allow you or the carer to attend that class with the child but, that child will not be entitled to a further complimentary class.
If you attend a complimentary class then (subject to availability) a provisional place will be held for up to 2 working days after the complimentary class for the child who attended the complimentary class to attend for the remainder of the term of classes. If you wish to book for the remainder of the term of classes then your booking must be made within the 2 working days following the complimentary class (either via the online booking system or by telephone) and payment made at the same time (and received by your franchisee by the end of any provisional booking period) in accordance with these terms and conditions.
If you do not book for the term of classes within the 2 working day period and make payment in accordance with these terms and conditions then the provisional place will be cancelled.
- Enrolment – terms of regular classes
Where you are eligible to attend a complimentary class you can still submit a booking request for a term of regular classes without first attending the complimentary class. In this event, the first class of the term you have booked will not be charged for and the price you pay will include a discount to reflect this. The maximum number of children permitted to attend a regular class with you or your carer at the same time is usually 3 but your franchisee can vary (including reduce) this number from time to time to help ensure compliance with health and safety guidelines or the safety of other attendees. Please speak to your franchisee in advance if you or your carer wish to bring more children than shown on the booking to see if your franchisee can accommodate this request.
- Payment – upfront per term or monthly
The price for a term of classes may be paid in full before the first class of that term at the time you make your booking (and then before each subsequent term of classes) or through a monthly subscription in which case the price you pay each month is equal to the value of the classes booked in that month.
In each case you will need to confirm that you authorise us, or your franchisee, to deduct from the credit or debit card you have provided the details of when booking, (as may be updated by you) the payments due at the outset for each term or month (depending on your chosen method of payment). If you are paying on a monthly subscription basis then the amount deducted will vary depending on the number of weeks and the number of classes of the type you have booked that your franchisee is running during that month. You will be asked to provide this confirmation at the point of completing your booking order and will be given the choice of payment method at checkout.
9. AUTOMATIC RE-ENROLMENT
By joining Monkey Music and enrolling for a term of regular classes, you acknowledge that your enrolment is for the ongoing Monkey Music experience and on an initial and recurring basis.
Therefore unless your enrolment is ended in accordance with these terms and conditions, it will continue and you will be automatically re-enrolled in the next term of classes. This means your franchisee will continue to charge you via the payment method you choose when you first booked for each re-enrolment indefinitely and without further authorisation from you.
Where you chose to pay for terms of classes upfront, each recurring termly payment will be due on the first day of the month in which each term commences. Where you chose a monthly payment, each recurring monthly payment will be taken on the first day of the month for the number of classes that relate to that booking in that month.
Payments taken for a term are non-refundable except in accordance with these terms and conditions.
If we do not receive payments when due or any payment authorisation is cancelled by you (except in accordance with these terms and conditions) we may immediately terminate or suspend your enrolment to the Monkey Music experience and attendance at classes and you must pay us the sums that you owe and have not paid.
10. CANCELLING YOUR AUTOMATIC RE-ENROLMENT
Your franchisee will send you a reminder at least 40 days before the date that the next term of classes is due to commence to give you an opportunity to cancel your enrolment.
So that we can allocate spaces in the classes, you must give us at least one month’s advance notice to end your automatic re-enrolment in the Monkey Music experience. This notice must be given by you on or before the 1st of the month prior to the month your next payment is due. For example if payment is due on 1st January we must receive notice of cancellation by no later than 1st December (i.e. the month before).
11. RIGHT TO SUSPEND FOR FAILURE TO PAY
If you do not pay for your booked Monkey Music experience on time then (in addition to your franchisee’s right to recover payment from you or to terminate the contract) your franchisee can suspend the supply of the booked Monkey Music and refuse you (and any child booked onto that Monkey Music experience) admittance to that Monkey Music experience until you have paid the price due.
12. PROVIDING THE MONKEY MUSIC EXPERIENCES
During the booking process you will be informed of when the booked Monkey Music experiences will be provided and these will be supplied to you until completed unless you end the contract early (see condition 13 below) or your franchisee ends the contract early (see condition 16 below).
You may be required to provide certain information so that the booked Monkey Music experience can be provided. If so, this will have been requested in the registration process. You may be asked to keep up-to-date any information that you have provided on registration and your franchisee may contact you for this information. If you do not provide this information within a reasonable time of being requested to do so by your franchisee, or if you provide incomplete or incorrect information, your franchisee may either end the contract or charge you a reasonable fee to compensate for any extra work that is required as a result.
Your franchisee will not be responsible for any delay or failure in providing you with the booked Monkey Music experiences where this is due to your actions or failure to provide the information requested on time or were your franchisee is accommodating your request to make a change to your booking.
Your franchisee must provide the booked Monkey Music experience with reasonable skill and care and use reasonable efforts to promptly remedy any faults of which your franchisee becomes aware. However we do not provide any promises or warranties about our website or that access to our booking service will be uninterrupted or error free.
13. YOUR RIGHT TO CANCEL
You can cancel your booking at any time within 15 calendar days from the date the contract between you and us is first formed (see paragraph 4) if you have not had face to face contact with your franchisee when making that booking. This is referred to as the cancellation period in these terms and conditions.
To exercise your right you must inform your franchisee in writing of your decision to cancel within the cancellation period.
Important please read as it affects your ability to cancel.
If you start or attend your booked Monkey Music experience during and before the end of the cancellation period (e.g. attending regular classes within the cancellation period) and then subsequently exercise your right to cancel because the cancellation period is still running, you must pay the cost of the Monkey Music experiences (including any classes) which have been provided to you up until the date you exercised your right to cancel.
If you start or attend your booked Monkey Music experience during the cancellation period and it finishes during this cancellation period you will lose the right to cancel and no refund will be made.
14. YOUR OTHER RIGHTS TO END THE CONTRACT
- Where we or your franchisee have done something wrong
In addition to your ability to cancel your automatic re-enrolment detailed in paragraph 10 above and your right to cancel in any cancellation period, you also have the right to get your booked Monkey Music experience re-performed or refunded or to end the contract if we or, your franchisee, have failed to comply with these terms and conditions or if what you have bought is mis-described or not carried out with reasonable skill. If you are ending the contract in these circumstances you must notify your franchisee and the contract will end on receipt of your notice. If you are correct then you will be refunded the price you have paid for the terminated Monkey Music experience after any deductions your franchisee is entitled to make. You may also be entitled to compensation in certain circumstances where you are terminating as a result of something your franchisee has done wrong.
- Terminating your enrolment
In addition to the above you can still end your enrolment for terms of regular classes with Monkey Music on giving at least one month’s prior written notice to be received by your franchisee by 1st day of the month prior to the month your next payment is due (see below for further details).
For those paying upfront for the term: If you have opted to pay the price of the term of classes upfront this means that notice must be received by your franchisee by 1st day of the month prior to the month the next term is due to start. If you seek to terminate the contract before this date your franchisee will try to fill the place(s) you have booked with other customers but if your franchisee is unable to do so then you may not be entitled to a refund.
For those paying monthly. If you have chosen to pay monthly then notice must be received by the first day of the month prior to the month your next payment is due.
Provided your notice to terminate has been received by your franchisee by the 1st of the month before the next payment is due then the contract will end and you will not be required to pay the next payment.
- How to end your contract (including where you have changed your mind).
If you wish to end the contract you can do so by emailing the email address or writing to the address provided to you in the booking confirmation email and you should include your name, home address, details of your booking and, where available, your phone number and email address. Alternatively you can print off and post or email to the email or postal address shown in the booking confirmation email a completed model cancellation form which is available from your franchisee.
Any refunds due to you will be made as soon as possible. If you are exercising your right to terminate within the cancellation period and are entitled to a refund it will be processed no later than 14 days after the date on which your notice to cancel was received. Please note an amount for the supply of any Monkey Music experiences to you during the cancellation period may be deducted from your refund. The deduction will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
Any refund which is due for any membership pack you received as part of the membership of the Monkey Music Club will be refunded in accordance with paragraph 24 below; and
All refunds will be issued using the same method you used for payment unless you expressly agree otherwise.
16. YOUR FRANCHISEE’S RIGHTS TO END THE CONTRACT
Your franchisee may end the contract with you at any time with immediate effect by notifying you if you are in breach of these terms and conditions at any time and (where your franchisee believe you can cure that breach) you have not done so within the time period required by your franchisee.
Where the contract with you is ended in these circumstances your enrolment and right to attend Monkey Music experiences together with membership of the Monkey Music Club will cease with effect from the date of the notice informing you of termination. Your franchisee is entitled to charge a reasonable compensation for the losses your franchisee will incur as a result of that termination (for example the inability to fill your child’s place for the remainder of the term). If you have paid the price for the booked Monkey Music experience upfront your franchisee can deduct this charge from that refund, if you have chosen to pay monthly then you may be liable to pay an additional sum to your franchisee by way of compensation.
17. EVENTS OUTSIDE OF YOUR FRANCHISEE’S CONTROL
If all or any part of any Monkey Music experiences at a venue has to be suspended or delayed by an event outside your franchisee’s control, for example: teacher illness or absence, unavailability of the venue, widespread illness or lockdown measures being imposed, you will be contacted as soon as possible (usually by either email or text message) to let you know. In these circumstances your franchisee has the right to:
- in the event of teacher illness or other teacher absence, substitute another teacher/teachers in their place;
- re-schedule and offer a venue experience on an alternative date at no extra cost to you.
Where such substitution or alternative offering has been made then your franchisee will not be liable and no discount or refund will be available for any such substitution or re-scheduled event.
If however there is a risk of substantial delay to the Monkey Music experiences re-commencing of more than 28 days and no substitution can be offered, you have the choice to end the contract and receive a refund for any Monkey Music experiences you have paid for but which have not yet been performed.
18. HOW TO NOTIFY OF A PROBLEM WITH A MONKEY MUSIC EXPERIENCE
If you have any questions or complaints about any Monkey Music experience, please contact your franchisee using the contact details set out in your booking confirmation email.
19. YOUR RESPONSIBILITY
You promise and represent to us and your franchisee that:
- the information you provided at the time of booking either via the online booking system or on the telephone is complete and accurate and that any changes will be notified to us and your franchisee immediately;
- when attending any Monkey Music experience, neither you nor any carer or the child attending the Monkey Music experience will knowingly be suffering from any infectious or contagious disease(s);
- when attending any Monkey Music experience neither you nor any carer will use any photographic or recording equipment;
- the child attending the Monkey Music experience will be accompanied either by you or your carer and will be under the direction, care and control of you or your carer at all times and that you or your carer are solely responsible for his or her welfare and conduct at and during the Monkey Music experience;
- you agree to comply with and will ensure any carer attending the Monkey Music experience will comply with all health and safety rules and procedures in place at the venue where the Monkey Music experience is delivered;
- you agree to compensate your franchisee on demand for any and all loss, liability, costs and expenses which your franchisee may suffer or incur as a result of any breach of this condition 19 by you or your carer.
20. WE ARE NOT MEDICALLY TRAINED
Whilst we give you the option to provide us with information about your child’s health and needs so that your franchisee is better prepared to provide the Monkey Music experience more generally, you acknowledge that our franchisees and their staff are not medically trained and are not qualified to assess whether you or your child are fit and well enough to take part in the Monkey Music experience. Please contact your GP if you are in any doubt before starting a Monkey Music experience. Also if you or your child feels unwell before or during a Monkey Music experience, please let your franchisee know as soon as possible.
21. RIGHT TO EXCLUDE
You, your carer and any child accompanying you or your carer may be excluded from any Monkey Music experience being delivered at the venue where the Monkey Music experience is being performed either permanently or for such period as your franchisee specifies if in the opinion of your franchisee the behaviour of you or your carer or any child attending the Monkey Music experience with you or your carer is unacceptable, detrimentally disruptive to any class or puts other children or adults attending the Monkey Music experience at risk or disruption. In these circumstances the price you have paid will either not be refunded and your franchisee will re-commence the Monkey Music experience as soon as your franchisee is able to do so or, if you, your carer or any child accompanying you is permanently excluded from the Monkey Music experience or you decide you wish to cancel the contract, your franchisee will refund you any price paid by you in advance that relates to the part of the Monkey Music experience not yet performed.
22. EXCLUSIONS OF LIABILITY – please read
Your franchisee is responsible to you for foreseeable loss and damage caused by your franchisee if your franchisee fails to comply with these terms and conditions or fails to use reasonable care and skill. Neither your franchisee (nor we) are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, your franchisee (and where applicable we) and you knew it might happen (for example, it was discussed with you during the sales process).
Neither we nor your franchisee excludes or limits in any way our liability to you where it would be unlawful to do so. This includes liability for: death or personal injury caused by your franchisee’s negligence or the negligence of employees, agents or sub-contractors of your franchisee; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Monkey Music experiences, including the right for the Monkey Music experiences to be supplied with reasonable skill and care.
Our franchisees only supply the Monkey Music experiences for domestic and private use and enjoyment and therefore neither we nor our franchisees will have any liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
23. YOUR LEGAL RIGHTS
As a consumer, you have legal rights in relation to the Monkey Music experiences. Advice about your legal rights is available from your local Citizens' Advice Bureau. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk. Nothing in these terms and conditions will affect these legal rights.
24. MONKEY MUSIC CLUB
When you book regular classes for the first time for a child then you will also be required to purchase membership of the Monkey Music Club for that child (for a one off membership fee in the amount specified by your franchisee at the date of submitting your booking request). Discounts from the full price membership may be offered for subsequent children in the same family when they join the Monkey Music Club.
Membership of the Monkey Music Club is personal to each child who you book into regular classes. Membership of the Monkey Music Club will continue until the date being 4 months after the date that child attends their last Monkey Music regular class, or the date the contract ends (whichever is the later) at which point the Monkey Music Club membership will be suspended. That child’s Monkey Music Club membership may be reactivated if the child re-enrols in any Monkey Music regular class. Please contact your franchisee for further details of the benefits of the Monkey Music Club membership.
If the contract with you is terminated early in accordance with these terms and conditions then your child’s membership of the Monkey Music Club will also end.
Where you are exercising your right to terminate the contract during the cancellation period then you will also be entitled to a refund of the Monkey Music Club membership fee which you have paid subject to the following:
- Where the Monkey Music Club membership pack has been provided to you, you must return the membership pack unopened and all items in it to your franchisee either in person or by post within 14 days of telling them that you wish to end the contract. You must pay the costs of return.
- Your refund of the Monkey Music Club membership fee will be reduced to reflect any reduction in the value of the items in the membership pack if this has been caused by your handling them in a way which would not be permitted in a shop. For hygiene reasons your franchisee is not able to refund the cost of any clothing provided in the membership pack which has been worn.
If you are terminating the contract during the cancellation period your refund of the Monkey Music Club membership fee will be made within 14 days from the day on which the membership pack is received from you or, if earlier, the day on which you provide your franchisee with evidence that you have sent the membership pack back to your franchisee. If you are refunded the membership fee before your franchisee is able to inspect the membership pack being returned and your franchisee later discovers you have handled the items in the membership pack in an unacceptable way, you must pay an appropriate amount to compensate for the loss in value of these items.
25. HOW YOUR PERSONAL INFORMATION WILL BE USED
We and your franchisee will use the personal information you provide to us and your franchisee strictly in accordance with the terms of our Privacy Notice, including in accordance with the privacy choices you make in the Parent Zone. Our Privacy Notice is available to be viewed on our website at https://www.monkeymusic.co.uk/privacy-notice.
Giving Notice: Other than those notices provided for in paragraph 13, any notices to be sent under these terms and conditions shall be sent by pre-paid first class post or hand delivered to the address of the recipient and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post, and immediately if hand delivered.
Transfer: We or your franchisee may transfer our rights and obligations under these terms and conditions to another organisation. We or your franchisee (as the case may be) will contact you to let you know if we plan to do this. If you are unhappy with the transfer because you feel that the service you are now receiving is not the same then you may contact us or your franchisee (as the case may be) to end the contract within 14 days of being notified of it and your franchisee will refund you the price you have paid in advance for Monkey Music experiences not provided.
You may only transfer your rights or your obligations under these terms and conditions to another person if we and your franchisee agree to this in writing.
Child protection policy: Our franchisees operate in accordance with a child protection policy. This is available to view on request.
Severability: Each provision of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms and conditions will remain in full force and effect.
English language: These terms and conditions and any contract formed in accordance with them are in the English language only.
Entire Agreement: These terms and conditions constitute the entire agreement between you and your franchisee (for whom we are acting as agent) and supersede all prior agreements and understandings between you and your franchisee. No statement or promise alleged to have been made and which is not contained or referred to in these terms and conditions shall be binding or form part of them.
Contract: This contract is between you and your franchisee in respect of the booked Monkey Music experience and no-one else. Except for your franchisee that can enforce these terms and conditions in order to benefit from them, no other person, organisation or entity of any kind shall have any rights to enforce any of these terms and conditions. None of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms and conditions.
Waiver: If your franchisee does not insist immediately that you do anything you are required to do under these terms and conditions, or delays in taking steps against you where you break your contract with your franchisee, this does not mean that you do not have to do those things and it will not prevent your franchisee from taking steps against you at a later date.
Governing law: These terms and conditions shall be governed by and construed in accordance with English law and the courts of England shall have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may choose to bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may choose to bring proceedings in Scotland.
In addition, please note that up until 1st January 2021 (but not thereafter due to Brexit) disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available here.