Berkeley Ensemble Online Terms of Use

Last updated 8 January 2021

About our Terms

1. These terms (“Terms“) explain how you may use this website (“Site“), which is provided by us on a subscription basis. You should read these Terms carefully before using the Site.
2. By accessing or using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree with or accept any of these Terms, you should stop using the Site
3. If you have any questions about the Site, please contact us by e-mail at beonline@berkeleyensemble.co.uk
4. The Site is operated by us. We are the Berkeley Ensemble, registered charity no. 1145392. Our registered postal address at 36 Durban Road, London, SE27 9RP.
5. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

Using the Site

1. The Site is for use only by the teachers of the educational establishments who pay us the subscription fees (“Subscribers“) or eligible establishments who have been granted a free subscription. Up to two teachers from the same establishment may be logged in and using the site at any one time. If you are not a Subscriber then you must not use this Site. If you are a Subscriber then you must not grant access to the Site to any non-Subscriber.
2. You agree that:
   1. You will keep your password and other account details confidential and not share them with any non-Subscriber.
   2. The site is designed as a classroom resource. Children are not eligible to use our Site outside of the classroom using teacher logins, and schools must not give teacher logins to parents/carers and/or pupils, unless specifically agreed with the Berkeley Ensemble.  Any teacher logins given to parents/carers and/or pupils is in breach of our licence terms.
   3. In the event of a school wishing to give remote access to pupils (e.g. in the event of home schooling) pupil logins must be requested and specifically arranged with the Berkeley Ensemble, through emailing beonline@berkeleyensemble.co.uk
3. You may not use the Site:
   1. in any way that breaches any applicable law or regulation;
   2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
   3. for the purpose of harming or attempting to harm minors in any way;
4. You also agree:
   1. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms;
   2. not to access without authority, interfere with, damage or disrupt:
      1. any part of the Site;
      2. any equipment or network on which the Site is stored;
      3. any software used in the provision of the Site; or
      4. any equipment or network or software owned or used by any third party.
   3. We may prevent, terminate or suspend your access to the Site with immediate effect if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law. If we exercise our rights under this clause then we will have no further liability to you, including liability to refund subscription fees.
   4. We may update and change the Site from time to time and we do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
   5. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

Ownership, use and intellectual property rights

1. This Site and all intellectual property rights in it are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms.
   
2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access and use the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within the Site.

Accuracy of information on the Site

1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
2. Content on the Site does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

Privacy and data protection

Use of the Site is subject to the provisions of these terms and our privacy policy which you can access here 

Data processing and security details

1. The subject matter of Berkeley Ensemble’s processing activities for GDPR purposes comprises the provision of a service for teaching organisations to provide digital music teaching resources.
2. Categories of data subjects held by Berkeley Ensemble are:
   • Customer contacts details – teachers, billing contacts within organisations
   • Invoicing and billing history
3. Any personal data is stored for the duration of the contract and beyond depending on the data subject :-
   • Organisational billing data is stored for 6 years from the start of the contract
   • Teacher data is retained so that they can be informed of new content and features; for up to 1 year from the end of the contract in the case of trial subscriptions, and for up to 3 years from the end of contract in the case of full term subscriptions (both free and paid).
4. We collect your personal data in the performance of a contract to provide a digital music teaching and learning service, to ensure that orders are completed and that you can make the most out of the service,
   • We collect and store your personal data as part of our legal obligation for business accounting and tax purposes
   • We will occasionally send you marketing information where we have assessed that it is beneficial to you as a prior subscriber and in our interests. Such information will be non-intrusive and is processed on the grounds of legitimate interests
5. Berkeley Ensemble shall implement and maintain the following technical and organisational security measures to protect the Protected Data:
   • In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out under or in connection with the Terms, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, Berkeley Ensemble shall implement appropriate technical and organisational security measures appropriate to the risk, including as appropriate those matters mentioned in Articles 32(1)(a) to 32(1)(d) (inclusive) of the GDPR.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

1. losses that:
   • were not foreseeable to you and us when these Terms were formed; or
   • that were not caused by any breach on our part
2. business losses; and
3. losses to non-consumers.

Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

Variation

No changes to these Terms are valid or have any effect unless agreed by us in writing.

Disputes

1. If you are unhappy with us please contact us as soon as possible. We will try to resolve any disputes with you quickly and efficiently.
2. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
3. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England.