5. Ordering service from us
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place an order on the site by navigating to our sales page, selecting which version of the Finish More Music Program you would like to partake in and then entering and submitting your details on our secure online checkout. Please read and check your order carefully before submitting it and take particular note of both today’s payment and also any future payments before submitting your order to us. However, if you need to correct any errors you can do so before clicking the “Join Now” button.
5.3 Our Finish More Music membership continues on a year by year or month by month basis as the case may be.
5.4 When you place your order at the end of the online checkout process (eg when you click on the “ Join Now” button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
5.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.5.1 we cannot carry out the services (this may be because, for example, the course you have selected is fully booked);
5.5.2 we cannot authorise your payment; or
5.5.3 there has been a mistake on the pricing or description of the services.
5.6 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.6.1 a legally binding contract will be in place between you and us; and
5.6.2 we will provide the services as agreed during the online checkout process.
5.7 If you are under the age of 18 you may not buy any services from the site unless you have the consent of your parent or guardian. You may not be able to buy certain services because you are too young. These are set out on the relevant webpage for the services.
6. Right to cancel
6.1 You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested us to start providing the services during the cancellation period and the services are fully performed (ie the course is completed) during this period. This is further explained in clauses 5.5 and 5.6 below.
6.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract. After the cancellation period you can only cancel the contract between us after 12 months, however you can cancel the contract between us at any time after these first 12 months but you will need to let us know that you want to cancel it.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by email) using the contact details at the top of this contract. You may use the model cancellation form available at the end of this contract, but it is not obligatory.
6.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7. Our 90 Day Conditional Guarantee
7.1 Please note:
7.1.1 our 90 Day Conditional Guarantee only applies to our Finish More Music membership and not our FMM Lite Membership or our FMM+ mentorship program;
7.1.2 we do reserve the right to decide at our sole discretion whether you have taken the steps set out below to be eligible for our 90 Day Conditional Guarantee; and
7.1.3 these terms reflect the goodwill guarantee offered by us to our customers that have signed up to our Finish More Music membership (but not our FMM+mentorship program), which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below:
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Right under the Consumer Contracts Regulations 2013
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14 day period to change your mind.
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How 90 Day Conditional Guarantee is more generous
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All we ask is that you show us that you’ve done the work, watched all of the videos in the Ignite phase of the program and filled in all of the workbooks in the Ignite phase of the program and participated in 2 Members Events because I don’t promise anything without your commitment to show up, take action and trust the process. If after that you still don’t think I’ve delivered on my promises, send an email to our support team to get a full refund within 90 days from the day of the conclusion of the contract.
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8. Effects of cancellation
8.1 If you cancel this contract in the cancelation period we will reimburse to you all payments received from you.
8.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
8.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.4 If you cancel this contract after 12 months we will stop collecting payments from you and cease the provision of the services at the end of the relevant year or month as the case may be.
9. Carrying out of the services
9.1 We must carry out the services by the time or within the period set out during the online checkout process and in the Confirmation Email (see clause 4.6). If you and we have agreed no time or period, this will be within a reasonable time.
9.2 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed. For example, with our FMM+ mentorship program we usually provide training in person, sometimes we may not be able to offer in person training (for example owing to Government advice or restrictions) if this is the case we will offer a suitable alternative such as online training.
10. Carrying out of the services
10.1 We accept all usual credit cards and debit cards and Paypal but we do not accept cash or cheque.
10.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.3 Your credit card or debit card will be charged immediately when you click the “Join Now” button. Your credit card or debit card will then be charged again every month or every year as you will have selected when you placed your order through our online checkout process.
10.4 We remind you that it is your obligation to cancel the contract between us. You can only do this after 12 months (unless you are within the cancellation period), however you can cancel the contract between us at any time after these first 12 months.
10.5 Your credit card or debit card will be charged on a recurring basis until you cancel the contract with us as we will continue to provide the services to you.
10.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps such as Verified by Visa, Mastercard®SecureCodeTM or American Express SafeKey.
10.7 If your payment is not received by us under clause 9.3, we may charge interest on any balance outstanding at the rate of 4 percentage points per year above the Barclays Bank plc’s base rate.
10.8 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 7.
10.9 The price of the services:
10.9.1 is in United States Dollar ($) (USD);
11. Nature of the services
11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
11.1.1 the services must be carried out with reasonable care and skill;
11.1.2 you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and
11.1.3 we must carry out the services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.
11.2 We must provide you with services that comply with your legal rights.
12. Faulty services
12.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
12.1.1 visit our webpage: FAQs at [https://finishmoremusic.com/f-a-q/];
12.1.2 contact us using the contact details at the top of this page;
12.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
12.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
12.3 Please contact us using the contact details at the top of this contract if you want:
12.3.1 us to repeat the services;
12.3.2 us to fix the services; or
12.3.3 a price reduction.
13. Ownership, use and intellectual property rights
13.1 The intellectual property rights in the site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the site (Content) are owned by us and our licensors.
13.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
13.3 Nothing in this contract grants you any legal rights in the site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the site or the Content.
13.4 Trade marks: FINISH MORE MUSIC is our registered UK trade mark under number 432687. Other trade marks and trade names may also be used on the site or in the Content. Use by you of any trade marks on the site or in the Content is strictly prohibited unless you have our prior written permission.
14. Registration and password security
14.1 Use of the site may require registration, particularly in order to access restricted areas of the site.
14.2 You are responsible for making sure that your password and any other account details are kept secure and confidential.
14.3 If we have reason to believe there is likely to be a breach of security or misuse of the site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
14.4 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.
15. Bulletin boards, chat rooms and other interactive services
15.1 We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our site. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
15.2 Any Submission you make to our site or otherwise and any other communication to users of our services by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
15.3 In particular, any Submission or communication by you must be:
15.3.1 your own original work and lawfully submitted;
15.3.2 factually accurate or your own genuinely held belief;
15.3.3 provided with the necessary consent of any third party;
15.3.4 not defamatory or likely to give rise to an allegation of defamation;
15.3.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
15.3.6 unlikely to cause offence, embarrassment or annoyance to others.
16. End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
17. Limit on our responsibility to you
17.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
17.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) were not caused by any breach on our part;
17.1.2 business losses; and
17.1.3 losses to non-consumers.
18. Disputes
18.1 We will try to resolve any disputes with you quickly and efficiently.
18.2 If you are unhappy with:
18.2.1 the services;
18.2.2 our service to you generally; or
18.2.3 any other matter,
please contact us as soon as possible.
18.3 The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this agreement, its subject matter or formation (including non-contractual disputes or claims).
18.4 The laws of England and Wales will apply to this contract.
19. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
Cancelation Form:
To Keith Mills T/A Finish More Music (info@finishmoremusic.com):
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
