Terms of use
About us
We are RFLKT Artist Services S.L. a company registered in Palma de Mallorca, Spain under company number: CIF B70960661. Our registered office is at address alle Sa Coma 23 – 07015 Genova, Islas Baleares, Spain. The RFLKT site consists of RFLKT.com, the software applications hosted or made available by us and any other related content and materials, however you access them, whether via the Site [or via mobile or tablet app] (the 'RFLKT Platform'). The RFLKT Platform is made up of a community of artists and producers ('RFLKTers') who provide live virtual sessions ('RFLKT Sessions'), to aspiring artists on the RFLKT Platform.These terms of use ('Terms') explain how you (the 'Aspiring Artist') may use the RFLKT Platform and attend the RFLKT Sessions and Mentorships (together, the 'Services’). These Terms apply between us and the Aspiring Artist, the person accessing or using the Services. Aspiring Artists should read these Terms carefully before using the RFLKT Platform or attending a RFLKT Session. By using the Services or otherwise indicating consent, they agree to be bound by these Terms. If the Aspiring Artist does not agree with any of these Terms, they should stop using the Services immediately.If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.If you have any questions about the Services, please contact us by sending an email to support@RFLK.org
IMPORTANT NOTICE
Your use of our Services is at your own risk.The practices and activities taking place during the RFLKT Sessions and Mentorships may be emotionally challenging and carry with them risks (including risk of personal injury) that we cannot entirely eliminate. We advise additional caution if you are pregnant, under the influence of alcohol or on non-prescription drugs. Please act responsibly and sensibly at all times so as not to hurt or injure yourself and follow all safety warnings and instructions given to you. We are not qualified to express an opinion that you are fit to safely participate and you may therefore wish to obtain professional or specialist advice from your doctor before participating. Presentations and information shown during the RFLKT Sessions and Mentorships are provided for your general information purposes only and to inform you about us, our RFLKTers and/or third party products, news, features and other services that may be of interest. These do not constitute professional or any other type of advice and should be relied on at your own risk only. You should always use your own independent judgement or seek professional advice if in doubt before relying on the information provided during our sessions.
1. Access to the Services
1.1 These Terms apply to any part of the Services, its functionality and content. The Services are provided to you for your personal and non-commercial use only.
1.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the RFLKT Platform.
1.3 We make no promise that the Services are appropriate or available for use in locations outside of Spain. If you choose to access and use the Services from locations outside Spain, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
1.4 We try to make the Services as accessible as possible. If you have any difficulties using the Services, please contact us using the contact details at the top of this page.
1.5 We cannot promise that the Services will be fit or suitable for any purpose. Any reliance that you may place on the information or content made available to you in the provision of the Services is at your own risk.
1.6 We: (a) do not promise that the Services shall be uninterrupted or error free; (b) do not, unless otherwise agreed, promise that the Services are compatible with third party software or equipment; or (c) shall not be liable, nor be required to fix, any problem, defect or error caused by any equipment or third party software used in connection with the Services.
1.7 To the maximum extent permitted by applicable law, you accept that the Services are provided on an 'as is' basis, without warranty of any kind, either express or implied.
2. Your obligations as Aspiring Artist
2.1 As a condition of your use of the Services, you agree to comply with our 'Acceptable Use Policy' and agree to: (a) at all times use the Services in a responsible and respectful manner; (b) not misuse or attack the RFLKT Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); (c) not attempt to gain unauthorised access to the RFLKT Platform, the server on which the RFLKT Platform is stored or any server, computer or database connected to the RFLKT Platform; (d) inform RFLKT immediately on becoming aware of any unauthorised access to the RFLKT Platform; and (e) comply with all law applicable to you in access to, receipt of and use of the Services.
2.2 We may prevent or suspend your access to the RFLKT Platform or cancel your subscriptions if you do not comply with these Terms, our Acceptable Use Policy, or any applicable law.
3. RFLKT Sessions and Mentorships
3.1 Pay per session. You can purchase access to individual RFLKT Sessions and Mentorships on a pay-as-you-go basis. 3.2 Details about and prices for all RFLKT Sessions and Mentorships are provided on the RFLKT Platform. 3.3 All RFLKT Sessions and Mentorships are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, via email. 3.4 You acknowledge and agree that we do not create or have no control over the information and content provided to you by RFLKTers in any of the RFLKT Sessions and Mentorships and we cannot be responsible for the accuracy of the information and content delivered by the RFLKTers during the RFLKT Sessions and Mentorships and, to the fullest extent permitted by law and subject to clause [12.1], we do not accept any responsibility or liability.
4. Registration and password security
4.1 Use of and access to the Services may require registration, particularly in order to access restricted areas of the RFLKT Platform.4.2 We are not obliged to permit anyone to register with the RFLKT Platform and, unless prohibited by law, we may refuse, terminate or suspend registration to anyone at any time.4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.4.5 If we have reason to believe there is likely to be a breach of security or misuse of the RFLKT Platform 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.
5. Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
6. Ownership, use and intellectual property rights
6.1 The intellectual property rights in the Services and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the RFLKT Platform ('Content') are owned by us and our licensors.
6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, 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.
6.3 Nothing in these Terms grants you any legal rights in the Services 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 in the provision of the Services, or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the provision of the Services, or the Content.
6.4 If your record, copy or download any video or recording of the RFLKT Sessions and Mentorships or any other part of the RFLKT Platform or the Content offered on it in breach of these Terms, your right to use and access the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.5 All trademarks, service marks, and trade names used by us in the provision of the Services are proprietary to us or our licensors. Except as expressly authorised by us, you agree not to sell, licence, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Content or our or our licensor's trademarks, service marks and trade names.
6.6 When you upload, post or otherwise share (non-personal) information to any part of the Services, you grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services and across different media including to promote the Services.
7. Infringing Content
7.1 We will use reasonable efforts to: (a) delete accounts which are being used in an inappropriate manner or in breach of these Terms; (b) identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy; and (c ) when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.7.2 If you believe that any content which is distributed or published by the Services is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
8. Payment
8.1 The RFLKT Sessions and Mentorships are offered to you on a pay-per-session basis.
8.2 You can purchase RFLKT Sessions and Mentorships by placing an order on the RFLKT Platform by following the on-screen prompts. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us. When you place your order at the end of the online checkout process (e.g. when you click on a ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted. We may contact you to say that we do not accept your order. This is typically for the following reasons: we cannot host the particular RFLKT Session or Mentorship that you have paid for (this may be because, for example, a RFLKTer is unavailable); we cannot authorise your payment; you are not allowed to buy the services from us; we are not allowed to sell the Services to you; or there has been a mistake on the pricing or description of the Services. We will only accept your order when we email you to confirm this ('Confirmation Email'). At this point: a legally binding contract will be in place between you and us; and we will provide the Services as agreed during the online checkout process.
8.3 Subject to these Terms, RFLKT Sessions and Mentorships are only refundable in accordance with clause 9. You may not transfer any passes to another person.
8.4 We accept most major credit and debit cards. We take payment when we generate a Confirmation Email. All prices on our Site in € (EUR), £ (GBP) or $ (USD)
8.5 Unless stated to the contrary, all payments are exclusive of VAT or other charges imposed by law from time to time, and you shall in addition pay such VAT and other charges at the rate and in the manner prescribed by law from time to time.
8.6 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
8.7 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
8.8 We reserve the right to change the prices of the Services at any time.
9. Cancellations
9.1 In the event that we cancel the RFLKT Session or Mentorship that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the option of being transferred to another equivalent RFLKT Class or Workshop at an alternative date and time (subject to availability) or receiving a full refund.
9.2 You may change or cancel your booking for a RFLKT Class, without charge, up to 24 hours before the RFLKT Class that you have booked. If you book a RFLKT Class within 24 hours of its scheduled start time, you are not entitled to change or cancel your booking and waive your right to the Cooling Off Period (as defined below).
9.3 You may change or cancel your booking for a RFLKT Workshop or One-to-One Private Session, without charge, up to 72 hours before the Workshop or the One-to-One Private Session that you have booked. If you book a Workshop or One-to-One Private Session within 72 hours of its scheduled start time, you are not entitled to change or cancel your booking.
9.4 Subject to clause 9.2 and 9.3 above, you have the right to cancel your purchase of a RFLKT Class within 14 days without giving any reason ('Cooling Off Period'). However, you do not have the right to cancel if you attend the RFLKT Class that you have purchased during the 14-day cancellation period.
9.5 For the avoidance of doubt, you do not have a right to a Cooling Off Period for One-to-One Private Sessions.
9.6 The Cooling Off Period will expire after 14 days from the day of payment. To exercise your right to cancel, you must inform us of your decision to cancel by contacting us via the methods set out at the start of these Terms.
9.7 If you cancel during the Cooling Off Period you will be refunded the full charge for the relevant purchase.
10. Promotional offers
10.1 From time to time we may offer various promotions, prize draws and other offers. Unless otherwise stated by us, these Terms will continue to apply to such promotion, prize draw or any other offer. Notwithstanding this, in respect to any promotion, prize draw or offer we: (a) reserve the right to end any promotion, prize draw or offer without warning; (b) reserve the right to withdraw your right to such promotion, prize draw or offer if we consider, (in our own absolute discretion), that you have abused, misused or gained unfair advantage; and (c) reserve the right to cancel any subscription or not accept any future purchases of any Aspiring Artist found to have abused, misused or gained unfair advantage in accordance with clause 10.1(b) above.
11. Hyperlinks and third party sites
The Services may contain hyperlinks or references to third party advertising and websites other than the RFLKT Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or 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 advertising or 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 and is at your own risk.
12. Limitation and cap on our liability
12.1 Notwithstanding any provision in these Terms, we shall not exclude or limit any liability for: (a) personal injury or death to the extent that results from the negligence of a party or any person for whom it is responsible at law; (b) fraud or fraudulent misrepresentation; (c) breach of applicable laws relating to the protection of your personal data; or (d) any other liability to the extent the same cannot be excluded or limited by law.
12.2 Subject to clause 15.1, we shall not be liable to you in respect of: (a) any loss of profit, business, contracts, opportunity, goodwill, revenues, anticipated savings or similar loss, or any loss of use, destruction or corruption of software or data (including User Data), or any claims or losses by third parties (and in each case, whether these losses are direct, indirect, special or consequential); and/or (b) any indirect, special or consequential loss or damage (whether for loss of profit or otherwise),of whatever nature and whether based on contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms or any activities related to these Terms.
12.3 You assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you or by third parties in connection with the Services.
12.4 Our total aggregate liability for all and any claims of whatever nature and whether based on contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms or any activities related to these Terms to you is limited to a sum equal to the fees paid by you to us for access to and use of the Services over the twelve (12) months immediately preceding your claim.
13. Other important terms
13.1 You can review the Terms at any time on this page. We reserve the right to change the Terms at any time by posting updates to this page. If we make substantial changes, or if it is required to do so by law, we will notify you of such change in advance to the email address associated with your account, but it is your responsibility to check this page from time to time to make sure that you are aware of any changes to these Terms.
13.2 No one other than a party to these Terms has any right to enforce any of these Terms.
13.3 No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right, power or remedy.
13.4 These Terms and any dispute or claim arising out them, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
13.5 The courts of Spain shall have 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).
We are RFLKT Artist Services S.L. a company registered in Palma de Mallorca, Spain under company number: CIF B70960661. Our registered office is at address alle Sa Coma 23 – 07015 Genova, Islas Baleares, Spain. The RFLKT site consists of RFLKT.com, the software applications hosted or made available by us and any other related content and materials, however you access them, whether via the Site [or via mobile or tablet app] (the 'RFLKT Platform'). The RFLKT Platform is made up of a community of artists and producers ('RFLKTers') who provide live virtual sessions ('RFLKT Sessions'), to aspiring artists on the RFLKT Platform.These terms of use ('Terms') explain how you (the 'Aspiring Artist') may use the RFLKT Platform and attend the RFLKT Sessions and Mentorships (together, the 'Services’). These Terms apply between us and the Aspiring Artist, the person accessing or using the Services. Aspiring Artists should read these Terms carefully before using the RFLKT Platform or attending a RFLKT Session. By using the Services or otherwise indicating consent, they agree to be bound by these Terms. If the Aspiring Artist does not agree with any of these Terms, they should stop using the Services immediately.If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.If you have any questions about the Services, please contact us by sending an email to support@RFLK.org
IMPORTANT NOTICE
Your use of our Services is at your own risk.The practices and activities taking place during the RFLKT Sessions and Mentorships may be emotionally challenging and carry with them risks (including risk of personal injury) that we cannot entirely eliminate. We advise additional caution if you are pregnant, under the influence of alcohol or on non-prescription drugs. Please act responsibly and sensibly at all times so as not to hurt or injure yourself and follow all safety warnings and instructions given to you. We are not qualified to express an opinion that you are fit to safely participate and you may therefore wish to obtain professional or specialist advice from your doctor before participating. Presentations and information shown during the RFLKT Sessions and Mentorships are provided for your general information purposes only and to inform you about us, our RFLKTers and/or third party products, news, features and other services that may be of interest. These do not constitute professional or any other type of advice and should be relied on at your own risk only. You should always use your own independent judgement or seek professional advice if in doubt before relying on the information provided during our sessions.
1. Access to the Services
1.1 These Terms apply to any part of the Services, its functionality and content. The Services are provided to you for your personal and non-commercial use only.
1.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the RFLKT Platform.
1.3 We make no promise that the Services are appropriate or available for use in locations outside of Spain. If you choose to access and use the Services from locations outside Spain, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
1.4 We try to make the Services as accessible as possible. If you have any difficulties using the Services, please contact us using the contact details at the top of this page.
1.5 We cannot promise that the Services will be fit or suitable for any purpose. Any reliance that you may place on the information or content made available to you in the provision of the Services is at your own risk.
1.6 We: (a) do not promise that the Services shall be uninterrupted or error free; (b) do not, unless otherwise agreed, promise that the Services are compatible with third party software or equipment; or (c) shall not be liable, nor be required to fix, any problem, defect or error caused by any equipment or third party software used in connection with the Services.
1.7 To the maximum extent permitted by applicable law, you accept that the Services are provided on an 'as is' basis, without warranty of any kind, either express or implied.
2. Your obligations as Aspiring Artist
2.1 As a condition of your use of the Services, you agree to comply with our 'Acceptable Use Policy' and agree to: (a) at all times use the Services in a responsible and respectful manner; (b) not misuse or attack the RFLKT Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); (c) not attempt to gain unauthorised access to the RFLKT Platform, the server on which the RFLKT Platform is stored or any server, computer or database connected to the RFLKT Platform; (d) inform RFLKT immediately on becoming aware of any unauthorised access to the RFLKT Platform; and (e) comply with all law applicable to you in access to, receipt of and use of the Services.
2.2 We may prevent or suspend your access to the RFLKT Platform or cancel your subscriptions if you do not comply with these Terms, our Acceptable Use Policy, or any applicable law.
3. RFLKT Sessions and Mentorships
3.1 Pay per session. You can purchase access to individual RFLKT Sessions and Mentorships on a pay-as-you-go basis. 3.2 Details about and prices for all RFLKT Sessions and Mentorships are provided on the RFLKT Platform. 3.3 All RFLKT Sessions and Mentorships are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, via email. 3.4 You acknowledge and agree that we do not create or have no control over the information and content provided to you by RFLKTers in any of the RFLKT Sessions and Mentorships and we cannot be responsible for the accuracy of the information and content delivered by the RFLKTers during the RFLKT Sessions and Mentorships and, to the fullest extent permitted by law and subject to clause [12.1], we do not accept any responsibility or liability.
4. Registration and password security
4.1 Use of and access to the Services may require registration, particularly in order to access restricted areas of the RFLKT Platform.4.2 We are not obliged to permit anyone to register with the RFLKT Platform and, unless prohibited by law, we may refuse, terminate or suspend registration to anyone at any time.4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.4.5 If we have reason to believe there is likely to be a breach of security or misuse of the RFLKT Platform 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.
5. Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
6. Ownership, use and intellectual property rights
6.1 The intellectual property rights in the Services and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the RFLKT Platform ('Content') are owned by us and our licensors.
6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, 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.
6.3 Nothing in these Terms grants you any legal rights in the Services 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 in the provision of the Services, or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the provision of the Services, or the Content.
6.4 If your record, copy or download any video or recording of the RFLKT Sessions and Mentorships or any other part of the RFLKT Platform or the Content offered on it in breach of these Terms, your right to use and access the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.5 All trademarks, service marks, and trade names used by us in the provision of the Services are proprietary to us or our licensors. Except as expressly authorised by us, you agree not to sell, licence, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Content or our or our licensor's trademarks, service marks and trade names.
6.6 When you upload, post or otherwise share (non-personal) information to any part of the Services, you grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services and across different media including to promote the Services.
7. Infringing Content
7.1 We will use reasonable efforts to: (a) delete accounts which are being used in an inappropriate manner or in breach of these Terms; (b) identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy; and (c ) when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.7.2 If you believe that any content which is distributed or published by the Services is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
8. Payment
8.1 The RFLKT Sessions and Mentorships are offered to you on a pay-per-session basis.
8.2 You can purchase RFLKT Sessions and Mentorships by placing an order on the RFLKT Platform by following the on-screen prompts. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us. When you place your order at the end of the online checkout process (e.g. when you click on a ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted. We may contact you to say that we do not accept your order. This is typically for the following reasons: we cannot host the particular RFLKT Session or Mentorship that you have paid for (this may be because, for example, a RFLKTer is unavailable); we cannot authorise your payment; you are not allowed to buy the services from us; we are not allowed to sell the Services to you; or there has been a mistake on the pricing or description of the Services. We will only accept your order when we email you to confirm this ('Confirmation Email'). At this point: a legally binding contract will be in place between you and us; and we will provide the Services as agreed during the online checkout process.
8.3 Subject to these Terms, RFLKT Sessions and Mentorships are only refundable in accordance with clause 9. You may not transfer any passes to another person.
8.4 We accept most major credit and debit cards. We take payment when we generate a Confirmation Email. All prices on our Site in € (EUR), £ (GBP) or $ (USD)
8.5 Unless stated to the contrary, all payments are exclusive of VAT or other charges imposed by law from time to time, and you shall in addition pay such VAT and other charges at the rate and in the manner prescribed by law from time to time.
8.6 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
8.7 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
8.8 We reserve the right to change the prices of the Services at any time.
9. Cancellations
9.1 In the event that we cancel the RFLKT Session or Mentorship that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the option of being transferred to another equivalent RFLKT Class or Workshop at an alternative date and time (subject to availability) or receiving a full refund.
9.2 You may change or cancel your booking for a RFLKT Class, without charge, up to 24 hours before the RFLKT Class that you have booked. If you book a RFLKT Class within 24 hours of its scheduled start time, you are not entitled to change or cancel your booking and waive your right to the Cooling Off Period (as defined below).
9.3 You may change or cancel your booking for a RFLKT Workshop or One-to-One Private Session, without charge, up to 72 hours before the Workshop or the One-to-One Private Session that you have booked. If you book a Workshop or One-to-One Private Session within 72 hours of its scheduled start time, you are not entitled to change or cancel your booking.
9.4 Subject to clause 9.2 and 9.3 above, you have the right to cancel your purchase of a RFLKT Class within 14 days without giving any reason ('Cooling Off Period'). However, you do not have the right to cancel if you attend the RFLKT Class that you have purchased during the 14-day cancellation period.
9.5 For the avoidance of doubt, you do not have a right to a Cooling Off Period for One-to-One Private Sessions.
9.6 The Cooling Off Period will expire after 14 days from the day of payment. To exercise your right to cancel, you must inform us of your decision to cancel by contacting us via the methods set out at the start of these Terms.
9.7 If you cancel during the Cooling Off Period you will be refunded the full charge for the relevant purchase.
10. Promotional offers
10.1 From time to time we may offer various promotions, prize draws and other offers. Unless otherwise stated by us, these Terms will continue to apply to such promotion, prize draw or any other offer. Notwithstanding this, in respect to any promotion, prize draw or offer we: (a) reserve the right to end any promotion, prize draw or offer without warning; (b) reserve the right to withdraw your right to such promotion, prize draw or offer if we consider, (in our own absolute discretion), that you have abused, misused or gained unfair advantage; and (c) reserve the right to cancel any subscription or not accept any future purchases of any Aspiring Artist found to have abused, misused or gained unfair advantage in accordance with clause 10.1(b) above.
11. Hyperlinks and third party sites
The Services may contain hyperlinks or references to third party advertising and websites other than the RFLKT Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or 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 advertising or 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 and is at your own risk.
12. Limitation and cap on our liability
12.1 Notwithstanding any provision in these Terms, we shall not exclude or limit any liability for: (a) personal injury or death to the extent that results from the negligence of a party or any person for whom it is responsible at law; (b) fraud or fraudulent misrepresentation; (c) breach of applicable laws relating to the protection of your personal data; or (d) any other liability to the extent the same cannot be excluded or limited by law.
12.2 Subject to clause 15.1, we shall not be liable to you in respect of: (a) any loss of profit, business, contracts, opportunity, goodwill, revenues, anticipated savings or similar loss, or any loss of use, destruction or corruption of software or data (including User Data), or any claims or losses by third parties (and in each case, whether these losses are direct, indirect, special or consequential); and/or (b) any indirect, special or consequential loss or damage (whether for loss of profit or otherwise),of whatever nature and whether based on contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms or any activities related to these Terms.
12.3 You assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you or by third parties in connection with the Services.
12.4 Our total aggregate liability for all and any claims of whatever nature and whether based on contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms or any activities related to these Terms to you is limited to a sum equal to the fees paid by you to us for access to and use of the Services over the twelve (12) months immediately preceding your claim.
13. Other important terms
13.1 You can review the Terms at any time on this page. We reserve the right to change the Terms at any time by posting updates to this page. If we make substantial changes, or if it is required to do so by law, we will notify you of such change in advance to the email address associated with your account, but it is your responsibility to check this page from time to time to make sure that you are aware of any changes to these Terms.
13.2 No one other than a party to these Terms has any right to enforce any of these Terms.
13.3 No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right, power or remedy.
13.4 These Terms and any dispute or claim arising out them, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
13.5 The courts of Spain shall have 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).
