Online Terms & Conditions

Terms & Conditions for Open Classes, Preschool Classes & Music Downloads

Below you will find the terms and conditions for our open classes, preschool classes and music downloads.

Open Class Terms & Conditions

Please read these terms and conditions carefully. By taking part in classes you are deemed to accept these terms and conditions. Please print off a copy for future reference if you are viewing this online.

1.     Our Commitment

Lucy Sparkles & Friends is a company committed to complying with Australian Law and policies, in particular the Competition and Consumer Act 2010 (Cth), Copyright Act 1968 (Cth) and Trade Mark Act 1995 (Cth).

2.     Services

We are Lucy Sparkles LTD t/a Lucy Sparkles & Friends of 4th Floor, 18 St. Cross Street, London, EC1N 8UN, info@lucysparkles.com, 07903913429 (“we or “us”).  We provide drama, music and dance classes for young children.  We agree to provide you with classes on these terms and conditions.  These terms, together with the booking form on our site specifying the dates to which your booking relate, form the contract between us and you.

3.     Duration

This contract will start on the date stated on the order confirmation and shall continue for the period agreed on the order confirmation. Your entitlement to attend any class will only arise when we have dispatched an order confirmation email and received full payment of all sums due in respect of the classes (at which point the contract between us will be formed).

4.     Fees and Payment

You agree to pay the fees for classes as set out below.  All payments must be made online and in advance.  Single class bookings can be made via our website (www.lucysparkles.com.au) (“our site”).  Term bookings can be made via our site, at which point you will be redirected to www.eventbrite.com.au (“Eventbrite”) for payment.  Alternatively, you can make term bookings directly through Eventbrite.  Eventbrite processes payments using Paypal.  Fees include GST at the current rate, if applicable.  We do not accept cash at any of our classes.

Music Classes 30 minutes

Fee per class
*Prices are inclusive of GST*
Term TicketCasual
First child$17.6$22
Additional siblings
Music- over 5 months
Dance & Drama -over 18 months
$11$15
Sibling babies
Music- 5 months or less
Dance- 18 months or less
FREEFREE

Dance and Drama Classes 45 minutes

Fee per class
*Prices are inclusive of GST*
Term Ticket Casual
First child$22$25.30
Siblings
Music- aged 5 months and up
Dance and drama- aged 18 months and up
$14.30$17.60

Holiday Classes

We also occasionally run one-off holiday classes. These must be pre-booked and payment made online and in advance via our website (www.lucysparkles.com.au).  These classes will be charged at the rate advertised on our website.

 5.     Booking classes

5.1.  Booking a regular place in a class

To sign up for a term you must book through our site and pay online in advance.  Subject to payment in accordance with paragraph 4, you will be allocated a place in a class every week for the relevant term.  If you join the class part way through the term, we will calculate the fee pro-rata from when you start until the end of the term.

5.2.  Single class bookings

Single classes can only be purchased from 12 p.m. the day before the class and are subject to availability.  If you would like to book a single class, please contact us at ginny@lucysparkles.com from 12 p.m. the day before the class.   Unfortunately, we are unable to respond to requests made before then.  We will confirm availability either way and if a place is available we will send you a link to an online payment form.  You must bring your receipt to the class as proof of purchase.  Teachers cannot take cash payments.

5.3.  Free tasters

New customers are welcome to attend a free taster class if space is available.  Free tasters must be booked in advance.  Please contact us for more details.

6.     Our obligations

6.1.  We will provide the classes with all reasonable care and skill.

6.2.  We may make alterations to the content of the classes and the fee structure and we reserve the right to do so by giving you reasonable notice in writing at any time without liability.

6.3.  Whilst it is our policy that we endeavour to ensure you always have the same teacher, we cannot guarantee this.

7.     Musical instruments and parental responsibility

7.1.  One parent or carer must accompany their child at all times during sessions where the child is aged three and under.

7.2.  In our classes we use real musical instruments.  We regularly test our equipment for durability, but all our instruments must be played under supervision, following the directions given to adults by your teacher. We cannot be held responsible for any misuse of the instruments outside of this supervision. Please exercise all due care and diligence when supervising small children with any instruments that contain small parts. Musical instruments are not made to withstand misuse of any kind, including eating, thrashing, bashing, beating or thumping. By booking a class for a child aged three and under you are confirming that you are happy to participate and supervise children with the instruments throughout the session to ensure they are used safely.  If a teacher observes a child endangering themselves or others during the session, they will remove the instrument from the child but parents or carers remain in loco parentis and primarily liable for such supervision. Parents/carers remain at all times solely responsible for the welfare, safety, care and conduct of their child.

7.3.  One parent or carer must remain at the venue (but not necessarily in the classroom) and be available at all times during sessions where the child is aged four or over.

7.4.  Because of the physical nature of our classes and the age range of the children, our teachers may, from time to time, use physical contact with the children within the class. By attending our classes you give consent for this.

8.     Medical conditions and Illness

8.1.  Please inform us if your child has a medical condition that could affect their participation in the class.

8.2.  We recommend that you never bring your child to class if they have any kind of contagious illness including: diarrhea, vomiting, chicken pox, impetigo, conjunctivitis, an ear infection or a bad cold. Please wait until the doctor has given you the all clear before returning to classes.

8.3.  In the instance of sickness and/or diarrhea your child must have been clear of all symptoms for at least 48 hours before attending a class.

9.     Conduct in Classes

9.1.  Please refrain from using mobile phones during classes.

9.2.  Adults and children must remove shoes before sitting on the matts.

9.3.  Please do not eat food on the matts.

9.4.  Please keep chatting to a minimum so that the children and the teacher can remain fully focused throughout the lesson.

9.5.  Where relevant, always change your baby’s nappy on the changing table provided by the venue or on the floor using a suitable changing mat. Do not use any raised areas such as benches, trolleys or tables. Please take all your used nappies away with you unless a clearly marked bin has been provided. Never leave nappies in an open bin (including those within the venue grounds).

9.6.  Lucy Sparkles & Friends may, at its own discretion, refuse entry of a customer to its classes if it is felt that the customer’s behaviour is unreasonable.

10.     Refunds and Cancellations

10.1.  As this is a contract for services related to leisure activities, and your classes will be booked for a specific date or period of performance, there is no right to change your mind and cancel the contract under the Competition and Consumer Act 2010 (Cth) .

10.2.  Up to two missed classes per term can be made up at another age appropriate class in the timetable (if space is available).  This is on the condition that you let us know by email or text at LEAST two hours before the start of the missed class.  We regret that we are not always able to offer an alternative for missed sessions.

10.3.  Lucy Sparkles & Friends is under no obligation to provide refunds or alternative classes in the event that you are unable to attend a class.

10.4. You can only cancel a contract with us if it was provided with an unacceptable level of care and skill, unfit for the purpose in which you asked for or not delivered within a reasonable time when there is no agreed end date.

11.  Changing Class Times and Venues

11.1.  If a class becomes too small to run we may need to merge it with another. We do our best to keep class times as similar as possible but unfortunately cannot always guarantee this.

11.2.  We are not liable for additional costs due to changes in courses, content, venues or teachers. Every effort will be made to provide reasonable notice where possible.

11.3.  Should you need to change class venues or times we will do our utmost to accommodate you, but unfortunately cannot guarantee it.

12.  Events beyond our control

12.1.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (known as a “Force Majeure Event”).

12.2.  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) non-availability of premises for any reason, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

12.3.  Our performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will not be required to provide classes for the duration of that period.

12.4.  In such circumstances, there might be a delay before we can recommence the classes, having made reasonable efforts to limit the effect of any of those events and having reasonably kept you advised of the circumstances, but we will attempt to recommence the classes as soon as those events have been resolved.  If a class is cancelled because of such an event, we shall inform you of the time, date and venue of a mutually convenient alternative class for you to attend, for which you shall not be required to pay an additional fee.

13.  Video and Photography

13.1.  Lucy Sparkles & Friends expressly forbids the right to reproduce any part of our lessons in any form (e.g. on the internet, DVDs, photographs etc). Anyone suspected of continually filming or photographing the lessons for any purpose of publication will be asked to stop filming and leave the current and all future sessions.

13.2.  On occasion, classes may be photographed or filmed by us. Lucy Sparkles & Friends reserves the right to use photographs and footage from classes for publicity and marketing purposes.  We will endeavor to notify you in advance of such photography or filming.  If you do not wish you or your child to be photographed, please inform us, your teacher or the photographer.  If you do not inform us in advance when given the chance to do so, we will assume we can use photographs of your child for publicity and marketing purposes.

14.  Mailing list

14.1.  When you book a taster class, a single class or a term ticket we will add you to our mailing list which will allow you to receive information about upcoming classes and events. You can unsubscribe from this at any time.

14.2.  Any personal data that we collect from you will be kept secure and we will fully comply with all applicable Australian data protection, privacy and consumer legislation from time to time in place.  Please see our Privacy Policy for more information https://lucysparkles.com.au/lucy-sparkles-friends-privacy-policy

15.  Intellectual Property

The copyright in any class materials or systems which are used or provided by the teacher in connection with the classes shall remain vested in the us or the licence owner.   You may use such documents or systems only for purposes directly related to the classes and shall not make copies of such documents, nor use the same for any purpose not directly related to the classes without our prior written approval.

16.  Limitation of Liability

16.1. Nothing in these terms shall exclude or in any way limit our liability to you for fraud, death or personal injury caused by our negligence or any liability which may not be excluded or limited as a matter of law.

16.2. Subject to paragraph 16.1 above, we will not accept liability for:

16.2.1. any loss, costs, claims, damages or expenses arising out of a breach of this contract by us which was not reasonably foreseeable by the us at the date of this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process; or

16.2.2. any for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.

16.3. You agree to indemnify us for any loss, damage or harm you may suffer in connection from use of this website or any of the content or information from this website. Such indemnity extends to the transmission of any computer virus or any other item or material that may in any way cause you damage or loss. We will use our best endeavours to ensure that our website is free from malicious material and also that the information on our website is current and accurate however we make no warranties or guarantees as to the accuracy or fitness for purpose of the information on this website.

17.  Indemnity

17.1. To the extent allowed by law you agree to indemnify us for any loss, damage, injury or harm you or your child may suffer (except in the case of our negligence) in connection engaging our services and participation in our classes or sessions, to include use of musical instruments, toys, paint, costumes and any other objects involved in our classes, as well as the physical interaction with other children, teachers and other parties.

18.  Termination

18.1.  Either you or we may terminate the contract at any time by a written notice of termination to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of these terms and the breach either cannot be fixed or is not fixed within 3 days of the written notice.

18.2.  On termination of the contract for any reason, any remaining rights and liabilities of you and us will not be affected.

19.  Other important terms

19.1.  Assignment: We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract and may subcontract or delegate in any manner any or all of our obligations under the contract to any third party or agent.

19.2.  Waiver: A waiver of any right under the contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

19.3.  Severance: If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.

19.4.  If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

19.5.  No partnership: Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

19.6.  Third parties: A person who is not a party to the contract shall not have any rights under or in connection with it.

20.  Governing law

This website is owned and controlled by Lucy Sparkles LTD t/a Lucy Sparkles & Friends of 4th Floor, 18 St. Cross Street, London, EC1N 8UN.  This website is hosted on an English server and is governed by the laws of the United Kingdom and by accessing this site you agree and submit to the jurisdiction of the United Kingdom.

ELC Class Terms & Conditions for Parents

Please read these terms and conditions carefully. By registering your interest in classes at your child’s Early Learning Centre you are deemed to accept these terms and conditions. Please print off a copy for future reference if you are viewing this online.

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  1. Our Commitment
    Lucy Sparkles & Friends is a company committed to complying with Australian Law and policies, in particular the Competition and Consumer Act 2010 (Cth), Copyright Act 1968 (Cth) and Trade Mark Act 1995 (Cth).
  1. Services
    We are Lucy Sparkles LTD t/a Lucy Sparkles & Friends of 4th Floor, 18 St. Cross Street, London, EC1N 8UN, info@lucysparkles.com, 07903913429 (“we or “us”).  We provide drama, music and dance classes for young children.  We agree to provide your child with classes on these terms and conditions.  These terms, together with the class confirmation email specifying the dates to which your booking relates, form the contract between us and you.
  1. Booking and Paying for Classes
    • If you wish to sign up for a term of classes, please register your interest through our site by the date specified on the registration email sent to you by your child’s Early Learning Centre.Your registration shall constitute as a commitment to enrolment in accordance with these terms and conditions, specifically subject to paragraph 3.2 below.  We will send you a “registration acceptance email”, at which point this contract will be formed.
    • We will only be obliged to provide you with the classes, and you will only be obliged to pay for them, if we receive a minimum of 9 registrations of interest for each class by the date specified on the registration email.
    • If we fail to achieve the minimum participant level specified above, we will notify you we are unable to hold the classes, at which point this contract will be terminated and you will be issued a full refund.
    • If we achieve the minimum participant level, we will send you a “class confirmation email” confirming your child’s place and the dates to which your booking relates, containing a link for you to make an online payment. In such circumstances, you agree to pay the fees for classes as set out on our site at www.lucysparkles.com.au.
    • All payments must be made online and in advance of the classes. Payments are made using Paypal.  Fees include GST at the current rate, if applicable.  We do not accept cash for any of our classes.
    • If your child joins the class part way through the term, we will calculate the fee pro-rata from when your child starts until the end of the term.
  1. Duration
    • This contract will start on the date on which we send you a registration acceptance email and shall continue until the date of the last class of term as specified in the class confirmation email, unless terminated earlier.
    • Your child’s entitlement to attend any class will only arise when we have dispatched a class confirmation email and received full payment of all sums due in respect of the classes.
  1. Our obligations
    • Subject to achieving a minimum of 9 participants, we will provide the classes with all reasonable care and skill.
    • We may make alterations to the content of the classes and the fee structure and we reserve the right to do so by giving you reasonable notice in writing at any time without liability.
    • Whilst it is our policy that we endeavour to ensure your child always has the same teacher, we cannot guarantee this.
  1. Parental consent
    • Because of the physical nature of our classes and the age range of the children, our teachers may, from time to time, use physical contact with the children within the class. By allowing your child to attend our classes you give consent for this.
  1. Medical conditions and Illness
    • Please inform us if your child has a medical condition that could affect their participation in the class.
    • Please adhere to your preschool’s policy on contagious illnesses and preschool attendance.
  1. Refunds and Cancellations
    • As this is a contract for services related to leisure activities, and your classes will be booked for a specific date or period of performance, there is no right to change your mind and cancel the contract under the Competition and Consumer Act 2010 (Cth).
    • Unfortunately, Lucy Sparkles & Friends will not provide refunds or alternative classes in the event that your child is unable to attend a class.
    • You can only cancel a contract with us if it was provided with an unacceptable level of care and skill, unfit for the purpose in which you asked for or not delivered within a reasonable time when there is no agreed end date.
  1. Events beyond 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 that is caused by events outside our reasonable control (known as a “Force Majeure Event”).
    • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) non-availability of premises for any reason, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
    • Our performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will not be required to provide classes for the duration of that period.
    • In such circumstances, there might be a delay before we can recommence the classes, having made reasonable efforts to limit the effect of any of those events and having reasonably kept you advised of the circumstances, but we will attempt to recommence the classes as soon as those events have been resolved. If a class is cancelled because of such an event, we shall inform you of the time and date of a mutually convenient alternative class for your child to attend, for which you shall not be required to pay an additional fee.
  1. Video and Photography
    On occasion, subject to your preschool’s photography policy, classes may be photographed or filmed by us. Subject to your preschool’s photography policy, Lucy Sparkles & Friends reserves the right to use photographs and footage from classes for publicity and marketing purposes.  We will endeavor to notify you in advance of such photography or filming.  If you do not wish you or your child to be photographed, please inform us.  If you do not inform us in advance when given the chance to do so, we will assume we can use photographs of your child for publicity and marketing purposes.
  1. Mailing list
    • When you book classes we will add you to our mailing list which will allow you to receive information about upcoming classes and events. You can unsubscribe from this at any time.
    • Any personal data that we collect from you will be kept secure and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. Please see our Privacy Policy for more information https://lucysparkles.com.au/lucy-sparkles-friends-privacy-policy/
  1. Intellectual Property
    The copyright in any class materials or systems which are used or provided by the teacher in connection with the classes shall remain vested in the us or the licence owner.   You may use such documents or systems only for purposes directly related to the classes and shall not make copies of such documents, nor use the same for any purpose not directly related to the classes without our prior written approval.
  1. Limitation of Liability
    • Nothing in these terms shall exclude or in any way limit our liability to you for fraud, death or personal injury caused by our negligence or any liability which may not be excluded or limited as a matter of law.
    • Subject to paragraph 13.1 above, we will not accept liability for:
      • any loss, costs, claims, damages or expenses of any nature suffered by you or any attendee of any class arising out of or in connection with any act or omission by us or any breach of these terms or any act, misrepresentation, error or omission made by us or on our behalf; or
      • any for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.
    • Subject to paragraph 13.1, our aggregate liability to you under these terms in relation to any class booking or otherwise shall be limited to the amount of fees you have paid for the classes.
    • You agree to indemnify us for any loss, damage or harm you may suffer in connection from use of this website or any of the content or information from this website. Such indemnity extends to the transmission of any computer virus or any other item or material that may in any way cause you damage or loss. We will use our best endeavours to ensure that our website is free from malicious material and also that the information on our website is current and accurate however we make no warranties or guarantees as to the accuracy or fitness for purpose of the information on this website.
  1. Indemnity
    To the extent allowed by law you agree to indemnify us for any loss, damage, injury or harm you or your child may suffer (except in the case of our negligence) in connection engaging our services and participation in our classes or sessions, to include use of musical instruments, toys, paint, costumes and any other objects involved in our classes, as well as the physical interaction with other children, teachers and other parties.
  1. Termination
    • Either you or we may terminate the contract at any time by a written notice of termination to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of these terms and the breach either cannot be fixed or is not fixed within 3 days of the written notice.
    • On termination of the contract for any reason, any remaining rights and liabilities of you and us will not be affected.
  1. Other important terms
    • Assignment: We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract and may subcontract or delegate in any manner any or all of our obligations under the contract to any third party or agent.
    • Waiver: A waiver of any right under the contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
    • Severance: If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
    • If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
    • No partnership: Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
    • Third parties: A person who is not a party to the contract shall not have any rights under or in connection with it.
  1. Governing law

This website is owned and controlled by Lucy Sparkles LTD t/a Lucy Sparkles & Friends of 4th Floor, 18 St. Cross Street, London, EC1N 8UN. This website is hosted on an English server and is governed by the laws of the United Kingdom and by accessing this site you agree and submit to the jurisdiction of the United Kingdom.

Terms & Conditions for Music Downloads

1.      Introduction

1.1    These terms and conditions shall govern the sale and supply of downloadable music files through our website, and the use of those music files.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer.

2.      Interpretation

2.1    In these terms and conditions:

(a)    “we” means Lucy Sparkles LTD T/A Lucy Sparkles & Friends (and “us and “our” should be construed accordingly);

(b)    “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

(c)    “music files” means those music files that are available for purchase on our website; and

(d)    “your music files” means any such music files that you have purchased through our website (including any enhanced or upgraded version of the music files that we may make available to you from time to time).

3.      Order process

3.1    The advertising of music files on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 or [alternative order procedure].

3.3    To enter into a contract through our website to purchase downloadable music files from us, the following steps must be taken: you must add the music files you wish to purchase to your shopping cart, and then proceed to the checkout; you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

4.      Prices

4.1    Our prices are quoted on our website.

4.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.      Payments

5.1    You must, during the checkout process, pay the prices of the music files you order.

5.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.      Licensing of music files

6.1    We will supply your music files to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.

6.2    Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your music files permitted by Section 6.3, providing that you must not in any circumstances make any use of your music files that is prohibited by Section 6.4.

6.3    The “permitted uses” of your music files are:

(a)    downloading a copy of each of your music files;

(b)    copying, storing and listening to copies of your music files on not more than 3 desktop, laptop or notebook computers;

(c)    making, storing and listening to copies of your music files on not more than 3 portable digital music players, mobile telephones, tablet computers or similar mobile devices; and

(d)    making, storing and listening to copies of your music files on not more than 3 CD-RWs, DVD-Rs, DVD-RWs, DVD+Rs, DVD+RWs or similar storage media.

6.4    The “prohibited uses” of your music files are:

(a)    the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any music file (or part thereof) in any format;

(b)    the editing, modification, adaptation or alteration of any music file (or part thereof), and the creation of any derivative work incorporating any music file (or part thereof);

(c)    the use of any music file (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d)    the use of any music file (or part thereof) to compete with us, whether directly or indirectly;

(e)    any commercial use of any music file (or part thereof); and

(f)    the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any music file for the purpose of preventing unauthorised use,

        providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

6.5    You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your music files.

6.6    All intellectual property rights and other rights in the music files not expressly granted by these terms and conditions are hereby reserved.

6.7    You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any music file.

6.8    The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9    If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10  You may terminate the licence set out in this Section 6 by deleting all copies of the relevant music files in your possession or control.

6.11  Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant music files in your possession or control, and permanently destroy any other copies of the relevant music files in your possession or control.

7.      Distance contracts: cancellation right

7.1    This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

7.2    You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the contract is entered into,

        subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.

7.3    You agree that we may begin the provision of music files before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of music files before the end of that period, you will lose the right to cancel referred to in Section 7.2.

7.4    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

7.5    If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.

7.6    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

7.7    We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

8.      Warranties and representations

8.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions; and

(c)    all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

8.2    We warrant to you that your music files will be supplied to you with reasonable care and skill.

8.3    All of our warranties and representations relating to music files are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.

9.      Limitations and exclusions of liability

9.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

9.2    The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

(a)    are subject to Section 9.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.4    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.5    We will not be liable to you in respect of any loss or corruption of any data, database or software.

9.6    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.7    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.    Variation

10.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

10.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

11.    Assignment

11.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

11.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

12.    No waivers

12.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

12.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

13.    Severability

13.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14.    Third party rights

14.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15.    Entire agreement

15.1  Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

16.    Law and jurisdiction

16.1  These terms and conditions shall be governed by and construed in accordance with English law.

16.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

17.    Statutory and regulatory disclosures

17.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

17.2  These terms and conditions are available in the English language only.

17.3  Our VAT number is 286 3256 78.

17.4  The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

18.    Our details

18.1  This website is owned and operated by Lucy Sparkles LTD T/A Lucy Sparkles & Friends.

18.2  We are registered in England and Wales under registration number 08061389, and our registered office is at 4th Floor, 18 St. Cross Street, London.

18.3  You can contact us:

(a)    using our website contact form;

(b)    by telephone, on the contact number published on our website from time to time; or

(c)    by email, using the email address published on our website from time to time.