Terms of Service

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).

We are Talkingbass Limited a company registered in England and Wales under number 10779754 whose registered office is at Unit 10 East Yar Road Trading Estate, East Yar Road, Sandown, Isle Of Wight, PO36 9AX with email address support@talkingbass.net (the Supplier or us or we).

These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.

You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

• Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
• Contract means the legally-binding agreement between you and us for the supply of the Services;
• Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
• Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
• Goods means any goods (Courses) that we supply to you with the services, of the number and description as set out in the Order;
• Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
• Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
• Services means the services advertised on the Website, including any courses and pages of restricted access, of the number and description set out in the Order;
• Website means our website https://www.talkingbass.net/ (and subdomain:  https://members.talkingbass.net/) on which the services are advertised.

Services

The description of the Services and any Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any goods supplied.

In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Services which appear on the Website are subject to availability.

We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information and Registration

When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.

Basis of Sale

The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

The Fees for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services are calculated on a fixed price.

Fees and charges include VAT at the rate applicable at the time of the Order.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

We will deliver the Services, including any Goods, to you immediately upon payment via your website account

Refund

Subject as stated in these Terms and Conditions, you can ask for a refund within 31 days without giving any reason.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg. email).

Conformity and Guarantee

We have a legal duty to supply Courses and Service in conformity with the Contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the Courses/Service will:

• Be of satisfactory quality;
• Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract and conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

We will supply the Services with reasonable skill and care.

We will provide the following after-sales service: The customer will have access to a Study Group through which Talkingbass will provide ongoing support and live interactive study material. The Study Group can be found within the Members Area of Talkingbass

In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with)

Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://members.talkingbass.net/privacy-policy/)

For the purposes of these Terms and Conditions:

• ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
• ‘GDPR’ means the UK General Data Protection Regulation.
• ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

• Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
• We will only Process Personal Data for the purposes identified
• We will respect your rights in relation to your Personal Data
• We will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail: admin@talkingbass.net.

Excluding liability

The Supplier does not exclude liability for:

• Any fraudulent act or omission
• Death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.

Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days.

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Privacy Policy

This privacy policy applies between you (the user of this website) and Talkingbass Limited, the owner and provider of this Website.

Talkingbass Limited takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to our Terms and Conditions which can be found at: https://members.talkingbass.net/terms-of-service/

Definitions and Interpretation

In this privacy policy, the following definitions are used:

• Data: Collectively all information that you submit to Talkingbass Limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws
• Cookies: A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies)
• Data Protection Laws: Any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation
• GDPR: The UK General Data Protection Regulation
• Talkingbass Limited:  Company incorporated in England and Wales with registered number 10779754  whose registered office is at Unit 10 East Yar Road Trading Estate,  East Yar Road,   Isle Of Wight,  PO36 9AX
• UK and EU Cookie Law: The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018
• User or You: Any third party that accesses the Website and is not either (i) employed by Talkingbass Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Talkingbass Limited and accessing the Website in connection with the provision of such services
• Website: the website that you are currently using – https://www.talkingbass.net/ and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Scope of this Privacy Policy

This privacy policy applies only to the actions of Talkingbass Limited and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

For purposes of the applicable Data Protection Laws, Talkingbass Limited is the “data controller”. This means that Talkingbass Limited determines the purposes for which, and the manner in which, your Data is processed.

Data Collection

We may collect the following Data, which includes personal Data, from you:

• Name
• Contact Information such as email addresses and telephone numbers
• IP address (automatically collected);

All billing information (credit card numbers etc.) uses end to end encryption and cannot be accessed by the website

How We Collect Data

Talkingbass Limited will collect your Data in a number of ways for example:

• when you contact us through the Website, by telephone, post, e-mail or through any other means;
• when you register with us and set up an account to receive our products/services;
• when you make payments to us, through this Website or otherwise

Data That Is Collected Automatically

To the extent that you access the Website, we will collect your Data automatically, for example:

• We automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
• We will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.

Our Use Of Data

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

• Internal record keeping
• Transmission by email of marketing materials that may be of interest to you;

We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances.

For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:

• Soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
• For other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.

If you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time.

When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

We may use your Data to show you Talkingbass Limited adverts and other content on other websites. If you do not want us to use your data to show you Talkingbass Limited adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).

Export and Delete of User Data

All account holders can export and apply for deletion of data by making use of the Export Data function on the Settings page of your user account.

Simply login and click on the Settings link in the left panel menu or the Profile Dropdown menu.

Keeping Data Secure

We will use technical and organisational measures to safeguard your Data, for example:

• Access to your account is controlled by a password and a user name that is unique to you.
• We store your Data on secure servers.
• Payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.

Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: admin@talkingbass.net

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data Retention

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your Rights

You have the following rights in relation to your Data:

• Right to access – The right to request copies of the information we hold about you at any time, or that we modify, update or delete such information.
• Right to correct – The right to have your Data rectified if it is inaccurate or incomplete.
• Right to erase – The right to request that we delete or remove your Data from our systems.
• Right to restrict our use of your Data – The right to “block” us from using your Data or limit the way in which we can use it.
• Right to data portability – The right to request that we move, copy or transfer your Data.
• Right to object – The right to object to our use of your Data including where we use it for our legitimate interests.

To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: admin@talkingbass.net.

If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.

It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links To Other Websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Cookies

This Website may place and access certain Cookies on your computer. Talkingbass Limited uses Cookies to improve your experience of using the Website and to improve our range of products and services.  Talkingbass Limited has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies.

By giving your consent to the placing of Cookies, you are enabling Talkingbass Limited to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

Cookie Definitions

Analytical/performance cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies

These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

Cookies List

Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know

Analytical/performance

• HotJar Cookie: Used to heatmap pages and develop effective webpage design
  Google Analytics: For analysing site traffic

Functionality

• Soundcloud: Allows embedding of Soundcloud files on website

Targeting

• Facebook Cookie: Used for providing retargeting ads on Facebook platform
• Double Click Google Cookie: Used for Google Ad targeting

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this Privacy Policy

Talkingbass Limited reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

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