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TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

We are MAKE Creations C.V., doing business as Harmonium Evolution ("Company," "we," "us," "our"), a company registered in the Netherlands at Ringkade 7, 5397 BS Lith, Noord-Brabant, The Netherlands. Chamber of Commerce (KVK): 42140916 ā€” VAT: NL869901199B01

We operate the website harmoniumevolution.com (the "Site"), together with any related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We provide online courses about the Indian harmonium, including support, Q&A calls, and access to a student community.

You can contact us by phone at +31 (0)6 2350 1463, by email at [email protected], or by mail at Ringkade 7, 5397 BS Lith, Noord-Brabant, The Netherlands.

These Legal Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and MAKE Creations C.V. concerning your access to and use of the Services. By accessing the Services you confirm that you have read, understood, and agree to be bound by all of these Legal Terms. If you do not agree, you must discontinue use.

Nothing in these Legal Terms affects your mandatory statutory rights as a consumer, which always take precedence where they offer you greater protection.

We may update these Legal Terms from time to time. We will give you reasonable prior notice of any material change (for example, by email from [email protected] or by posting on the Site). Changes take effect on the date stated in the notice. By continuing to use the Services after that date, you agree to the updated terms. If you do not agree, you may stop using the Services and, where applicable, cancel your subscription in accordance with the Subscriptions section.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to register for or use the Services.

We recommend that you save or print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. Products
  5. Purchases and Payment
  6. Subscriptions
  7. Fee Changes
  8. Prohibited Activities
  9. User-Generated Contributions
  10. Contribution License
  11. Third-Party Websites and Content
  12. Services Management
  13. Privacy and Data Protection
  14. Term and Termination
  15. Modifications and Interruptions
  16. Governing Law
  17. Dispute Resolution
  18. Corrections
  19. Disclaimer
  20. Limitation of Liability
  21. Indemnification
  22. Miscellaneous
  23. Refund Policy
  24. Contact Us

1. OUR SERVICES

The Services are provided from the Netherlands. We make no representation that the Services are appropriate or available in every location. If you access the Services from outside the Netherlands, you do so on your own initiative and are responsible for compliance with any applicable local laws.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property. We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained in the Services (the "Marks"). The Content and Marks are protected by copyright, trademark, and other intellectual property laws.

The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

Your use of our Services. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print a copy of any Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as expressly permitted, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, distributed, sold, licensed, or otherwise commercially exploited without our prior written permission. Requests: [email protected].

Any breach of these intellectual property rights is a material breach of these Legal Terms and may result in immediate termination of your right to use the Services.

Your submissions. By sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you grant us the right to use that feedback without restriction or compensation, to the extent permitted by law. You warrant that your Submissions are your own or that you have the rights to send them, and that they are not confidential.

3. USER REPRESENTATIONS

By using the Services you represent and warrant that: (1) you have the legal capacity to accept these Legal Terms; (2) you are at least 18 years old; (3) you will not access the Services by automated or non-human means; (4) you will not use the Services for any unlawful purpose; and (5) your use will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account.

4. PRODUCTS

All products are subject to availability. We may discontinue any product at any time. Prices are subject to change, but any change will not affect purchases already completed.

5. PURCHASES AND PAYMENT

We accept payment through the methods displayed at checkout, which may include (depending on your location and payment provider): Visa, Mastercard, American Express, iDEAL, Bancontact, SEPA Direct Debit, Apple Pay, Google Pay, PayPal, Revolut, UPI, RuPay, and net banking.

You agree to provide current, complete, and accurate purchase and account information, and to keep it up to date so we can complete your transactions and contact you as needed. Prices are shown in the applicable currency at checkout. VAT (or equivalent tax) is applied where required by law.

You authorise us (and our payment providers) to charge your chosen payment method for the total amount of your order. We may refuse or cancel an order where we reasonably suspect fraud, an unauthorised transaction, or a breach of these Legal Terms.

6. SUBSCRIPTIONS

From time to time we may offer monthly, half-yearly, or yearly memberships or subscription-based services. These are separate from our one-time-purchase courses ("Start Your Evolution," "Deepen Your Evolution," "Complete Course", "Vocal Evolution"), which are covered in the Refund Policy.

Automatic renewal. Subscriptions renew automatically at the end of each billing period for the same term and price, unless you cancel before the next renewal.

Cancellation. You may cancel your subscription at any time, effective at the end of your current billing period. To cancel, use the cancellation option in your account, or email us at [email protected]. Cancellation takes effect at the end of the period you have already paid for: you keep access until then, and you will not be charged again. We do not require any advance notice period beyond the end of the current billing period.

Confirmation. After you cancel, we will send a confirmation email. If you do not receive it, please contact us so we can verify your cancellation was processed.

Your statutory right of withdrawal for the initial subscription purchase is described in the Refund Policy.

7. FEE CHANGES

We may change subscription fees or other recurring charges. We will give you reasonable prior notice of any price change before it takes effect, in accordance with applicable law, so that you can cancel before the change applies if you do not agree.

8. PROHIBITED ACTIVITIES

You may use the Services only for their intended purpose. You agree not to:

  • systematically retrieve data or content to build a collection or database without our written permission;
  • trick, defraud, or mislead us or other users, or attempt to obtain sensitive account information;
  • circumvent, disable, or interfere with security or access-control features of the Services;
  • use information from the Services to harass, abuse, or harm another person;
  • make improper use of our support services or submit false reports;
  • use the Services in a way that breaches any applicable law or regulation;
  • upload or transmit viruses, malware, or any code designed to disrupt the Services;
  • use any automated system (bot, scraper, spider, or similar) to access the Services, except standard search-engine indexing;
  • remove any copyright or proprietary notice from any Content;
  • impersonate another user or person;
  • interfere with or place an undue burden on the Services or connected networks;
  • harass, intimidate, or threaten our staff or agents;
  • copy, adapt, decompile, disassemble, or reverse-engineer the software making up the Services, except to the extent permitted by law;
  • use the Services to compete with us, to resell access, or for any unauthorised commercial purpose;
  • resell, copy, or redistribute our Content on other websites or offline;
  • sell or transfer your account or profile.

9. USER-GENERATED CONTRIBUTIONS

The Services may allow you to post content such as text, comments, questions, audio, or video ("Contributions"). You are responsible for your Contributions and warrant that they: are your own or properly licensed; do not infringe any third party's rights; are not false, misleading, unlawful, obscene, harassing, defamatory, or otherwise objectionable; and do not violate any applicable law. We may remove Contributions that breach these Legal Terms.

10. CONTRIBUTION LICENSE

You retain ownership of your Contributions. By posting them, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, use, and display your Contributions solely for the purpose of operating and providing the Services, in accordance with our Privacy Policy. You are solely responsible for your Contributions.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites and content that we do not control or check. We are not responsible for third-party websites or content, and including a link does not imply our endorsement. If you access them, you do so at your own risk and subject to their terms and policies. Any purchase from a third party is solely between you and that third party.

12. SERVICES MANAGEMENT

We may, but are not obliged to: monitor the Services for breaches of these Legal Terms; take appropriate legal action against anyone who breaches the law or these terms; refuse, restrict, or disable any Contribution; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Services to protect our rights and ensure they function properly.

13. PRIVACY AND DATA PROTECTION

We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Dutch law. Please review our Privacy Policy at harmoniumevolution.com/privacy-policy, which explains what data we collect, how we use it, the legal bases, how long we keep it, and your rights (including access, rectification, erasure, and objection). By using the Services you acknowledge that you have read the Privacy Policy.

Where we use service providers outside the European Economic Area, we ensure appropriate safeguards are in place as required by the GDPR.

14. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may, where you have materially breached these Legal Terms or any applicable law, suspend or terminate your access, subject to your mandatory consumer rights and any subscription you have already paid for. If we terminate your account for a serious breach, you may not re-register under another name. We may also take appropriate legal action where permitted by law.

You may stop using the Services at any time and, for subscriptions, cancel as described in the Subscriptions section.

15. MODIFICATIONS AND INTERRUPTIONS

We may change or discontinue all or part of the Services at any time, but this will not affect any subscription or course access you have already paid for, and we will give reasonable notice where a change materially affects you. We cannot guarantee the Services will be available at all times and are not liable for temporary interruptions caused by maintenance or technical issues, except to the extent required by law.

16. GOVERNING LAW

These Legal Terms are governed by the laws of the Netherlands, and the United Nations Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer with your habitual residence in the EU, you additionally benefit from the mandatory protections of the law of your country of residence, and nothing here deprives you of those protections.

17. DISPUTE RESOLUTION

Informal resolution first. If you have a concern, please contact us at [email protected] so we can try to resolve it directly. We aim to respond promptly and resolve most issues informally.

Courts. If we cannot resolve a dispute informally, it may be brought before the competent courts of the Netherlands (Noord-Brabant). If you are a consumer resident in the EU, you may also bring proceedings in the courts of your country of residence, and you retain all rights to your local consumer-protection authorities.

18. CORRECTIONS

The Services may contain occasional typographical errors, inaccuracies, or omissions relating to descriptions, pricing, or availability. We may correct these and update information at any time without prior notice. Where a pricing error is obvious, we are not obliged to honour it, and we will offer you the correct price or a cancellation and refund.

19. DISCLAIMER

To the fullest extent permitted by law, the Services are provided "as is" and "as available." We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, and we make no warranties about the accuracy or completeness of the Content. Nothing in this section limits or excludes any warranty or right that cannot be limited or excluded under applicable consumer law.

20. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we and our directors, employees, and agents will not be liable for any indirect, consequential, incidental, special, or punitive damages, including lost profits or lost data, arising from your use of the Services.

Our total liability to you for any claim arising out of or relating to the Services is limited to the total amount you paid to us in the twelve (12) months before the event giving rise to the claim.

These limitations do not apply to, and nothing in these Legal Terms excludes or limits, our liability for death or personal injury caused by our negligence, for intent or gross negligence, or for any other liability that cannot be excluded or limited under applicable law ā€” including your mandatory rights as a consumer.

21. INDEMNIFICATION

You agree to indemnify and hold us harmless from any third-party claim, loss, or reasonable legal cost arising out of your breach of these Legal Terms, your violation of a third party's rights, or your unlawful use of the Services. This does not apply to the extent the claim results from our own breach or negligence. We will notify you of any such claim and may assume its defence.

22. MISCELLANEOUS

These Legal Terms and any policies posted on the Services constitute the entire agreement between you and us. Our failure to enforce any right is not a waiver of that right. If any provision is found unlawful or unenforceable, it is severed and the remaining provisions stay in force. We may assign our rights and obligations to a third party, provided this does not reduce your rights as a consumer. No partnership, agency, or employment relationship is created by these Legal Terms. Communications by email and through the Site satisfy any legal requirement that communications be in writing, and you agree to the use of electronic records and signatures where permitted by law.

23. REFUND POLICY

Scope

This Refund Policy applies to our one-time-payment online courses:

  • Start Your Evolution
  • Deepen Your Evolution
  • CompleteĀ Course
  • Vocal Evolution

Each is sold as a one-time purchase providing lifetime access to the course materials, unless otherwise stated at purchase.

14-Day Money-Back Guarantee

If you are not satisfied with your course purchase, you may request a full refund within 14 days of the date of purchase by emailing [email protected]. You do not need to give a reason or provide proof of participation. After 14 days, course payments are non-refundable, except where applicable law requires otherwise.

This 14-day guarantee meets or exceeds your statutory right of withdrawal as an EU consumer, so no separate waiver is required.

Memberships and Subscriptions

Monthly, half-yearly, or yearly memberships are separate from the one-time courses above. As described in the Subscriptions section:

  • You may cancel at any time, effective at the end of your current billing period; you keep access until then and are not charged again.
  • The same 14-day money-back guarantee applies to the initial purchase of a subscription.
  • Once a renewal has been charged for a new period, that period is non-refundable, except where required by law.

How refunds are processed

Approved refunds are issued to your original payment method. Depending on your bank or payment provider, it may take 5ā€“10 business days for the refund to appear on your statement.

24. CONTACT US

MAKE Creations C.V. Ringkade 7, 5397 BS Lith Noord-Brabant, The Netherlands Phone: +31 (0)6 2350 1463 Email: [email protected] KVK: 42140916 ā€” VAT: NL869901199B01