Terms & Conditions
Terms & Conditions – Website/Desktop Application
1.Acceptance of Terms
CANADIAN ONLINE GUITAR LESSONS and its agents and affiliates (collectively, “we”, “us”, or “our”) own and operate the website: https://kerilie.com (the “Website”). These terms and conditions (the “Terms”) comprise an electronic contract that establishes the legally binding terms and conditions you must accept when you access or use the Website and any and all services (the “Services”) offered by us, including Services offered by, through, or in association with our Website or purchase any products from us. The term “you”, “your” or “User” refers to any individual that accesses or uses the Website or purchases and uses any of our Services or products.
By accessing or using the Website or purchasing and using any of our Services or products you accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms, conditions and all notices provided to you in electronic form.
If you breach any provision of these Terms, your right to access and use the Website and Services shall cease immediately.
2. Our Rights to the Website and Services
We are a multimedia company that offers online guitar lessons as well as workshops, writing, publicity coaching, media connections and other services and products for recording artists.
We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Website without notice from time to time. We reserve the right to suspend or discontinue the Website, Services and/or products, in whole or in part, without notice. We shall not be liable to you for any modification, suspension, or discontinuation of the Website, Services and/or products.
We do not provide support or maintenance in connection with the Website, Services and/or products.
3. Electronic Communications
Visiting and using the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.
4. Permitted use of the Website
We grant you a non-transferable, non-exclusive, revocable, limited licence to access and use the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited.
You are not permitted to use the Website:
a) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
b) to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether
commercial or otherwise;
d) to use the Website to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks
f) to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
g) to harass or interfere with any other Website User’s use and enjoyment of the Website;
h) to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
j) to licence, sell, rent or lease any part of the Website.
5. Images Policy
If any images or videos of Users are taken by us in the course of delivering any of our Services or products, Users give us permission to use their images and/or videos for commercial, promotion, display, competition or other purposes in connection with promoting our business, Services and/or products, through various advertising and marketing purposes in any manner or medium, without any compensation or liability to the User.
If Users have any images/video restrictions, Users must contact us as described in the Contact Us section below to describe their restrictions and we will comply with such all such restrictions.
6. Online Store
You may not use our products purchased from our on-line store (the “Store”) for any illegal or unauthorized purposes, nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
7. Services and Products
Our Services or products may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy below.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services and products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services or products that we offer. All descriptions of Services and products and are subject to change by us at anytime, without notice and in our sole discretion.
8. Modification to the Services and Prices
Prices for our Services and products are subject to change by us at anytime, without notice and in our sole discretion. We shall not be liable to you or to any third party for any price change of our Services and/or products.
9. Accuracy of Billing and Account Information
We, in our sole discretion, reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer subscription, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For further information, please review our Returns Policy below.
10. Refund Policy for Products
Our refund policy for products purchased through our Store lasts thirty (30) days. If thirty (30) days have passed since your purchase of any products from us, unfortunately we cannot offer you a refund or exchange.
We only offer refunds or exchange products if they are defective or damaged. To be eligible for a refund or exchange, your product must be unused, in the same condition that you received, in its original packaging and you must provide us with a receipt or proof of purchase.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned product. We will also notify you of the approval or rejection of your refund or exchange. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment or your exchange will be processed and the exchanged product will be sent to the address you provided when applying for the exchange.
If you haven’t received a refund yet, please proceed as follows. First, check your bank account again. Second, contact your credit card company, as it may take some time before your refund is officially posted. Third, contact your bank. Lastly, if you have followed the first three steps and still have not received your refund, please contact us as described in the Contact Us section below.
The following products are exempt from being returned and for which no refunds are exchanges will be granted:
a) article downloads;
b) movie products, unless damaged;
c) music and
d) all products that were on sale.
To return your product for refund or exchange please ensure your product or mail item is trackable or it may not be received. You should mail your product to:
CANADIAN ONLINE GUITAR LESSONS
c/o Kerilie McDowall
PO BOX 99900 JZ 445 255
NANAIMO BC V9R 0E5
If you would like an exchange please include the address you would like the exchanged product returned to.
You are responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive an exchange, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are mailing or shipping an item consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your mail or returned item unless it is trackable.
11. Cancellation, Missed Class and Refund Policy for Services
We require thirty (30) days’ written notice via email as described in the Contact Us section below to cancel workshops, publicity coaching sessions, music lessons or other Services offered by us (together, “Classes”). If you cancel a Class or Classes by giving us thirty (30) days’ written notice any fees paid for such Classes are fully refundable.
Missed Classes and Rescheduling
We require thirty-six (36) hours notice to reschedule any Classes, workshops and private music lessons and they can only be rescheduled if your teacher has openings (if we are not open please leave a message on the answering service or email so it can be time stamped).
If you provide 36 hours notice you will be added to your teacher’s make-up list and will receive an email with a list of open lesson times (this list will vary as you will need to take another student’s spot when they give notice that they will be away). If you choose not to make-up your lesson, you may receive a credit for the lesson, which you may use at a later date or gift to a third party. In the event that you gift your unused lesson, you must provide us with the name and contact information of the recipient. If you do not reschedule or gift your lessons within 30 days, we will cancel the lesson and the lesson will be forfeited.
In the event of an unavoidable absence by you, such as accident or illness (a doctor’s note required), a minimum of 24 hours notice must be given to the teacher, of the student’s inability to attend a lesson in order for a makeup lesson to be considered.
Any missed lesson time, if warranted, must be made up before the end of the school year (June 30). Missed lesson time can not be “banked” for credit and will not be rolled-over to the summer months.
If a lesson is cancelled by the teacher, it will be made up at a mutually convenient time for the student and the teacher. Check with your teacher regarding their studio policy about the number of makeup lessons allowed during the course of the school year.
In the event lessons are to be discontinued, 30 days notice in writing is required to be given to both the teacher and the office. Notification must be given on or before the first lesson of the month and the 30-day period will commence from the first lesson of the month. In lieu of 30 days notice, one month of fees is required. If a credit card refund is forthcoming, a processing fee of 10% of the remaining balance will be charged.
12. Third Party Websites
We may provide links through the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all the sites linked through the Website and accept no responsibility for the contents or use of third-party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at the User's own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third-party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.
13. Intellectual Property
We own and retain all proprietary rights in the Website, and in all data, content, trademarks, trade names, service marks, service ideas, concepts and other intellectual property rights related thereto. The Website contains our copyrighted material, trademarks, and other proprietary information. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Subject to this section, no licence is granted to you or any other party for the use of our intellectual property.
You agree that:
a) If you use the Website, Services and/or products, you do so at your own and sole risk.
The Website and/or Services are provided on an “as is” and “as available” basis. We
expressly disclaim all warranties of any kind, whether express or implied, including,
without limitation, implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement.
b) If you access or transmit any content through the use of the Website, you do so at your
own discretion and your sole risk. You are solely responsible for any loss or damage to
you in connection with such actions. We are not responsible for any incorrect or
inaccurate content in connection with the Website, whether caused by Users or by any
of the programming associated with or utilized in the Website. We are not responsible
for the conduct, whether online or offline, of any User of the Website. We assume no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access
to, or alteration of, User communications.
We do not warrant that:
a) our Website, Services and/or products will meet your requirements;
b) access to the Website and/or Services will be uninterrupted, timely, secure, or
c) the quality or reliability of the Website and/or Services will meet your expectations;
d) any information you provide or we collect will not be disclosed to third parties;
e) any account in connection with the Website is accurate, up to date or authentic; or
f) third parties will not use your confidential information in an unauthorized manner.
16. Limitation of Liability
You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Website, Services and/or products, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:
a) the use or inability to use the Website, Services and/or products;
b) disclosure of, unauthorized access to, or alteration of your account;
c) actions or inactions of other Users or any other third parties for any reason; or
d) any other matter arising from, relating to, or connected with the Website, Services,
products or these Terms.
You acknowledge and agree that these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability, you would not be permitted to access the Website and/or Services. You acknowledge and agree that such provisions are reasonable and fair.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, Services and/or products, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any User of the Website, Services and/or products or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms.
18. Dispute Resolution
In the event a dispute arises out of or in connection with these Terms, we shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period, then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by us in writing, either party may commence a legal action in any British Columbia court.
19. Term & Termination
These Terms will remain in full force and effect while you use the Website, Services, products and/or have an subscription.
20. Changes to this Policy
These Terms may be changed, removed, added to, or otherwise modified by us from time to time at our sole discretion. Any modifications we may make to our Terms in the future will be posted on the Website. All new, amended, or otherwise modified terms will become effective immediately upon posting on the Website. We shall notify you of any modifications to the Terms through notices on the Website, by email, or by both. To withdraw your consent, you must cease using the Website and Services. The date these Terms were last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Terms.
Your continued use of the Website or the Services, subsequent to any modifications to these Terms, signifies that you accept the modified Terms.
If you provide us with any feedback or suggestions regarding the Website, Services and/our products (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.
22. Contact Us
If you have any questions or concerns regarding these Terms, please e-mail us at email@example.com.
If you send an email to us that requires a response and you have not received a response within a reasonable time frame, it is your responsibility to follow up to determine whether we received the email and when you can expect a response.
We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure vehicles, supplies or materials.
These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.
In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
Effective as of September 14, 2022.