Important: These are the terms and conditions upon which we provide the BrainHeart Music website. By accessing the site, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use or access the site.
Refund, Return, and Cancellations
ALL Audio download purchases are non-refundable.
After you have completed the download of any purchased audio product from the site, you automatically and instantly waive your rights to any refund, partial or full.
For all other products (non-downloadable) we deal with refunds, returns and cancellations on a case by case basis. Our aim is for you to be absolutely happy with your product. If for some reason you are not, please email us at email@example.com and we will make every effort to amend the situation.
BrainHeart Music SYMPHONIC HEALTH Sessions are for PERSONAL USE ONLY.
They must NOT be used in conjunction with ANY other therapy or system.
They must NOT be used in any commercial business, venture or for financial gain.
They must NOT be copied, shared or broadcast in public or online.
HONOUR and RESPECT this music and it will honour and respect YOUR NEEDS.
TERMS OF THE AGREEMENT
Delivery of Orders
Audio downloads ordered from the website are sent out immediately via email.
Please email firstname.lastname@example.org if you did not receive your download.
“You” means the user of the site, “We/us” means BrainHeart Music’s websites and all associated and subsidiary websites, “site” means the sites of BrainHeart Music on the World Wide Web. “Content” means the information and other material available within the site.
Rights granted/rights reserved
You acknowledge that the content is made available to you for your personal use only. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the content.
The site and the content (which includes content that is supplied to us by third parties either directly or indirectly) is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the site or the content, including but not limited to, implied warranties or conditions or completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the site or your use of or reliance upon the content or any information you obtain by means of the site or your use of or reliance upon the content or any information you obtain by means of the site or any bookings or purchases you make of goods and/or services through your use of the site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage.)
Availability of the site
You acknowledge that it is technically impossible to provide the site free of faults and that we do not undertake to do so; that faults may lead to temporary unavailability of the site; and that the operation of the site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.
Links to other sites
We may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.
Use of the site/indemnification
You acknowledge that all copyright, trademarks and all other intellectual property rights in the content shall remain vested in us or our licensors.
A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting the website our computer server will recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance.
Changes to these terms and conditions
We reserve the right to change these terms and conditions from time to time. By continuing to use the site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the site.
Those terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Cancellation Refund For Live Events
Whilst every effort is made to avoid changes to our programme, we reserve the right to withdraw or cancel any course. If for any reason BrainHeart Music cancels an event, all fees will be returned in full. We cannot, however, reimburse the cost of any expenses, travel or accommodation arrangements and suggest that you consider travel insurance to cover any significant costs incurred.
Welcome to BRAINHEART MUSIC’s privacy notice.
BRAINHEART MUSIC respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data, tell you about your privacy rights and how the law protects you when:
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and process your personal data through your purchases of the Goods and use of the Services, including any data you may provide through the Site or App when you are purchasing our Goods or using our Services.
The Site and App are not intended for children and we do not knowingly collect data relating to children.
In relation to the provision of our Goods and Services, BRAINHEART MUSIC is the controller and responsible for your personal data (collectively referred to as “BRAINHEART MUSIC”, “we”, “us” or “our” in this privacy notice).
Email addresses: privacy@BRAINHEARTMUSIC.com
Changes to the privacy notice and your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may check the details you provide with fraud prevention agencies and share your information with them if we suspect fraud. It is important that you don’t provide false, inaccurate information or impersonate another individual.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature or the number of Good and Service types that are purchased. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
If, in the future, we collect your Physiological and Sleep Data, we will only do so after we have informed you of this feature and only when we have your explicit consent. We otherwise do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, further information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Goods and Services). In this case, we may have to cancel delivery of the Goods or Services you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new Customer or User||(a) Identity (b) Contact||Performance of a contract with you|
|To provide the Goods and Services to you including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us||(a) Identity (b) Contact (c) Transaction (d) Profile||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) (c) Necessary for the legitimate interests of others (preventing fraud)|
|To administer and protect our business, this Site, Goods and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity (b) Contact (c) Technical||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with our legal obligations|
|To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical||Necessary for our legitimate interests (to study how Customers and Users use our Goods and Services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Site, Goods and Services, marketing, Customer relationships and experiences||(a) Identity (b) Contact (a) Technical (b) Usage||Necessary for our legitimate interests (to define types of Customers and Users for our Goods and Services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about Goods, Services or events that may be of interest to you||(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications||Necessary for our legitimate interests (to develop our Goods and Services, and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Goods, Services and offers may be relevant for you and send to you through our marketing messages.
You will receive marketing messages from us if you have requested information from us or purchased Goods or Services from us and you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us or unsubscribing from our marketing list.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Service use, warranty registration, Service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by guaranteeing that, where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
If you would like further information on how you can exercise these rights, please email us at email@example.com.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.