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Asset 40

Terms of Service

of Open Minded Drumming

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I. General information

  • The Website operating at the address openmindeddrumming.com (hereinafter referred to as the Online Service hereafter) is provided by OPEN MINDED CREATIVE SOLUTIONS LIMITED 11101075,  with its registered office at 85 GREAT PORTLAND STREET, FIRST FLOOR, W1W 7LT LONDON, GREAT BRITAIN. (hereinafter referred to as the Service Provider in these regulations).
  • These regulations define the conditions on which the Users conclude contracts for the purchase of products and services offered by the Service Provider via the Online Service, as well as the conditions for the use of the Online Service by Users.
  • Users are defined as persons using the Online Service, including persons who have set up a user account in the Online Service.
  • An individual who performs a legal action not related directly to his or her business or professional activity is considered a Consumer.

II. Online Service

  • The Service Provider sells the products and services it offers via the Online Service.
  • To use the Online Service and access to digital content offered in the Online Service, a computer or other device that allows websites to be displayed is necessary that meets the following requirements:
    • contains recent versions of the most popular browsers
    • in case of mobile devices, it is necessary to use modern popular smartphones or tablets
  • To use the Online Service, in particular for the purchase of products or to access to digital content available on the Online Service Users must set up a user account.
  • The User may set up a user account on the Website by completing the registration form. To set up a user account, the following data is required: user name, first name and surname (or company name), address, e-mail address and telephone number. In the case of setting up an account for a company, you will need to provide a tax identification number for invoice purposes.
  • Setting up an account in the Online Service requires the acceptance of these regulations and constitutes a contract for the provision of electronic services consisting of the possibility of access to the Online Service, in particular giving the opportunity to place orders for the purchase of products and digital content, as well as to register for participation in music workshops.
  • The User is obliged to keep the login and password for the Online Service in confidence and not to disclose them to third parties.
  • The Service Provider is entitled to all rights, including proprietary copyrights to all materials and works included in the Online Service, and Users are not entitled, without the consent of the Service Provider, to use these materials and works, except for using them and the Online Service on the terms set out in these terms and conditions.

III. Digital content available in the Online Service

  • As part of access to the Online Service, the User gains access to free digital content in the form of, e.g. recordings of online trainings and other related materials, as well as can purchase periodic access to paid digital content – including online training and other materials related to these training.
  • The User may purchase periodic access to specific digital content available in the Online Service,, as well as periodic access to all digital content available in the Online Service.
  • The user purchases subscription-based access to digital content for a period of 1 year – both when purchasing access to specific digital content and to all digital content available on the platform. The subscription is set to automatically renew until canceled by the user (via the subscription settings page) or the administrator. Upon cancelation of the aforementioned subscription, the User will lose access to the paid resources of the Platform. The User may purchase a new subscription and regain access for a further period of minimum 1 year and until it is canceled.
  • The purchase of access to digital content available in the Online Service takes place through an order placed using a user account. Without setting up an account, it is not possible to use the Online Service and, in particular, to purchase access to digital content.
  • The conclusion of the contract for access to the digital content takes place when the Service Provider informs the User that he has purchased the access. The Service Provider will provide information on the purchase of access via the Online Service, as well as on the e-mail address provided during the registration of the User’s account in the Service.
  • In the event that the Service Provider does not confirm the User’s purchase of access to digital content within 7 days from the date of its submission, the order placed for the purchase of access to digital content submitted by the User will expire.
  • The Service Provider may refuse to accept the order to purchase access to digital content, in particular if it appears that the Service Provider does not have the rights to distribute digital content available in the Online Service at the User’s place of residence / registered office.
  • The Service Provider grants the User access to digital content purchased by him after the deadline for submitting the withdrawal from the contract by the User, unless the User, instructed on losing the right to withdraw from the contract, agrees to the earlier start of service provision.
  • The Service Provider provides the User with digital content only for its private use and therefore, the User is not authorized to duplicate and distribute the  digital content available in the Online Service to third parties, in particular by posting the training recordings and other materials available in the Service on sites such as Youtube, Facebook and others, as well as to use the digital content as part of his own business, for example to train other people.
  • Digital content available in the Online Service is protected against unauthorized use and dissemination with the use of Vimeo.com services, SSL certificates, LifterLMS course management system, ReCaptcha, Internal server security tools.

IV. User forum

  • Persons who have registered in the Online Service and purchased access to at least one specific digital content within the Service are granted access to the user forum.
  • Users can read the materials published on the user forum, and also publish messages on the forum, on the terms set out in these regulations.
  • On the user forum the users can publish threads and messages on the topics corresponding to the various categories made available as part of the user forum.
  • Users can not post messages which are:
    • against the law,
    • contrary to good manners (especially offensive, vulgar),
    • promoting piracy (containing links to pages with illegal files, illegal software, etc.) as well as other activities which are against the law or principles of social coexistence,
    • violating the rights of the Service Provider or third parties (in particular, offensive towards religious feelings, spreading contempt, racial discrimination, hatred and violence in any form, or content that might justify or glorify it, which also defy dignity, violate other people’s privacy or other freedoms), infringe copyrights and other rights of these persons),
    • violating the principles of social coexistence,
    • containing pornography,
    • being a personal attack on other participants of the user forum (referring to their character traits, the level of mental development, belonging to a particular race, religious group, etc.),
    • being an advertising message,
    • forwarded as chain messages or other forms of spam,
  • In order to maintain order and transparency of the user forum, its participants are required to:
    • not to duplicate posts, topics and threads,
    • give short, factual and transparent titles to new threads, reflecting their content,
    • not to use only uppercase letters in the titles of threads (unless the spelling rules show otherwise),
    • moderately use special characters and graphics, including emoticons and enlarged fonts,
    • comply with the generally accepted language culture and spelling rules.
  • The service provider and the forum administrators and moderators acting on his behalf have the right to:
    • remove, edit and move entries and threads violating the provisions of these regulations;
    • temporarily or permanently disable access to the user forum to the users who violate the rules of using the user forum.
  • All violations of the rules of using the user forum should be reported to the Service Providers or administrators or moderators of the user forum.

V. Sale of products

  • Users may purchase products offered by the Service Provider for sale via the Online Service.
  • The order for particular products is made via the Online Service, indicating the type and quantity of products subject to the order.
  • Conclusion of the contract for the sale of goods takes place when the Service Provider informs the User about the confirmation of the order. The Service Provider will provide information on the acceptance of the order via the Online Service, as well as on the e-mail address provided during the registration of the User’s account in the Service.
  • In the event that the Service Provider does not confirm the acceptance of the order within 7 days from the date of placing the order, the order ceases to be binding for the ordering party.
  • The Service Provider may refuse to accept the order, in particular if it appears that the Service Provider does not have the goods specified in the order or for other important reasons.
  • After submitting and accepting the order, the goods ordered by the User are prepared, packaged and then sent by courier.
  • The order is processed on the dates specified in the Service, however, only working days are taken into account when calculating the deadline. Working days are understood as any day except Saturday, Sunday, Christmas Eve and public holidays.

VI. Music workshops

  • Through the Service the User can also make entry for himself or a minor he represents to participate in music workshops organised by the Service Provider.
  • When making entry for participation,  the User also selects the payment method – in the form of a prepayment or installment. All payments are made in accordance with the provisions of these regulations.
  • Music workshops take place at the dates and place indicated in the announcement of the music workshops concerned, in accordance with their regulations.
  • The detailed conditions for participation in music workshops, payment dates, resignation method are set out in their regulations available in the Service.

VII. Price and payment

  • All prices indicated in the Service are gross prices expressed in USD, EUR GBP or PLN depending on which country a visitor is from.
  • The Service Provider is not a taxable person of the goods and services tax and therefore does not charge the goods and services tax to the above-mentioned prices.
  • The prices indicated in the Service for the purchase of access to the digital content are prices for a period of 1 year (one year), unless it is marked differently in the Service when placing the order.
  • In the case of installment payments for participation in music workshops, the Service Provider makes it possible to pay each of the installments within the Service. If possible, the Service Provider sends information on the forthcoming payment date of each installment by e-mail. Failure to receive such notification shall not constitute a basis for extending the payment period of individual installments.
  • Payments for orders made in the Service (goods, digital content and music workshops) can be made only through the payment services provided in the Service such Przelewy24, Paypal or Stripe in the form of prepayment (except for music workshops where installment payment is possible). Using payment services means you must accept their terms and conditions, available at the time of payment.
  • The service provider may change the regulations by introducing new methods of payment or changing existing available payment methods.

VIII. Responsibility for the quality of the service and the complaint procedure

  • The Service Provider is obliged to fulfill his service in a proper manner, free from defects, both physical and legal.
  • The Service Provider’s liability for the services he provides (access to the digital content and services in the form of music workshops), as well as for the goods he sells are governed by the provisions of the Civil Code.
  • In the event of improper performance of the contract by the Service Provider, including the delivery of goods having defects, the User should notify the Service Provider. The notification is made in writing or electronically to the e-mail addresses indicated in these regulations. In the notification, the User should describe in what way the performance of the contract was improper, and in the case of physical defects of the sold goods, also, if possible, attach photographic documentation of the defect.
  • The Seller responds to complaints within 14 days from the date of their receipt in writing or electronically, to the User’s e-mail address provided when setting up the User’s account.
  • If the User does not agree with the method of settlement of the complaint by the Service Provider, he may use his rights in accordance with the provisions of the Civil Code, in particular such as the request for delivery of goods free from defects, repair of goods, withdrawal from the contract, submit a statement of reduction prices, or demand appropriate damages in court.

IX. Withdrawal from the contract

  • The Consumer who concluded a sales contract with the Service Provider on the terms set out in these regulations, may, within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs specified below in point 7 and in point 9 of these regulations.
  • The Consumer is not entitled the right to withdraw from an agreement concluded outside the business premises or at a distance, referred to above, in relation to contracts:
    • in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer or serving to satisfy his individual needs;
    • in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
    • in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
    • for the provision of services, if the entrepreneur has fully performed the service with the clear consent of the consumer who has been informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract;
    • in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline for withdrawal from the contract;
    • in which the subject of the service are items which after delivery, due to their nature, are inseparably connected with other items;
    • in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and delivery of which may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
    • in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or provides items other than spare parts necessary to perform the repair or maintenance,  the consumer is entitled the right to withdraw from the contract with regard to additional services or items;
    • in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
    • for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement;
    • concluded through a public auction;
    • for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of provision of the service;
    • for the supply of digital content that is not recorded on a tangible medium, if the performance of the contract began with the consumer’s clear consent before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
  • The period for withdrawing from the contract begins:
    • for the contract whereby the Service Provider issues the item, being obliged to transfer its ownership – from taking possession of the items by the Consumer or a third party designated by him, other than the carrier, and in the case of a contract which
      • covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, lot or part,
      • consists in regularly delivering items for a specified period of time – from taking possession of the first item;
    • for other contracts – from the date of conclusion of the contract.
  • The Consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the seller. The declaration may be submitted on the form, which constitutes Appendix No. 1 to these regulations, however the use of the form is not obligatory. To meet the deadline for withdrawal from the contract, it is enough to send a declaration before its expiration.
  • The Seller will immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by him, including delivery costs. The seller will refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not entail any costs for him.
  • If the Seller has not offered to pick up the items from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the items back or the Consumer provides proof of their return, depending on which event occurs first.
  • If the Consumer has chosen a method of delivery of the items other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  • The Consumer is obliged to return the item to the Seller, or hand it over to the person authorised by the Seller to receive it, immediately, however not later than 14 days from the date on which he had withdrawn from the contract, unless the Seller suggested that he will collect the items himself. To meet the deadline, it is enough to return the items before its expiry.
  • The consumer bears only the direct cost of returning the item.​

X. Termination of the contract

  • The contract for the provision of electronic services consisting of the provision of access to the Online Service is concluded for an indefinite period, and each party has the right to terminate it with 30 days’ notice.
  • The User may terminate the contract by removing the account in the Service or in writing or by e-mail. The Seller may terminate the contract in writing or by e-mail.
  • After the end of the notice period, the Seller deletes the User’s account in the Service, if it has not been previously removed by the User.
  • The Agreement for the provision of access to the Online Service by the Service Provider shall be terminated not earlier than after the period for which the User purchased access to specific digital content as part of the Service, or after the music workshops to which the User has made entry to participate in via the Service, unless that the User will demand early termination of the contract, declaring that he agrees to the loss of access to the digital content.  This point shall not apply to the termination of the contract on the basis of the following points 6 and 7.
  • The contract for the provision of access to the digital content is concluded for a period of time specified in these regulations and the parties are not entitled to early termination, except for the following points 6 and 7.
  • The User has the right to submit a declaration terminating the contract for access to the digital content in the Service or for using the Service without notice, if the Service Provider flagrantly violates the provisions of these regulations, in particular, does not provide access to the digital content to the User or to the Service.
  • The Service Provider has the right to submit a declaration terminating the contract for access to the digital content in the Service or for using the Service without notice, if the User flagrantly violates the provisions of these regulations, in particular uses the digital content in a manner inconsistent with the provisions of these regulations or also uses the Service in a way that disrupts its operation.
  • The User is not entitled to reimbursement of the amount paid for accessing the digital content in the case of the User’s consent to early termination of the contract as stated in point 4 or if the contract is terminated on the basis of points 6 or 7.

XI. Personal data protection

  • The Service Provider is the Administrator of the Users’ personal data.
  • The Administrator collects the following types of Users’ personal data:
    • first name and surname
    • names and surnames of parents/legal guardians (in the case of making entries to participate in music workshops);
    • user name;
    • residential address;
    • date of birth  (in the case of making entries for participation in the music workshops);
    • e-mail address;
    • phone number;
    • image of the participant  (in the case of making entries for participation in the music workshops);
    • bank account number (for the purpose of refunds of payments);
    • other personal data necessary to implement contracts regulated by this policy document.
  • Personal data will be processed by the Service Provider on the basis of the consent for the purpose to implement the contracts covered by these regulations, as well as to promote the Service Provider.
  • Giving consent to the processing of personal data and the mere submission of personal data is voluntary, but without the consent, it will not be possible to conclude agreements covered by these regulations and to use the Service.
  • With separate consent, the Participant may agree to the processing of his personal data for the purpose of sending of the newsletter and other information about the Administrator’s activities, including available products, digital content and music workshops, also agreeing to receive these promotional materials. Giving consent to such processing of personal data is voluntary and is not necessary to conclude agreements covered by these regulations. The data subject has the right to withdraw consent to the processing of personal data at any time, however, it will not affect the validity of the processing of personal data before the date of withdrawal of consent.
  • In the event of withdrawal of consent, further processing of personal data is possible based on the provisions of applicable law, in particular if it is necessary for purposes arising from legitimate interests pursued by the Administrator, in particular to seek the Administrator’s claims, and to use the license granted in accordance with section III, points  12 and 13 of Privacy Policy.
  • Personal data will be processed until the completion of contracts covered by these regulations and the limitation of claims resulting from them, and for promotion – until withdrawal of consent.
  • The data subject has the right to request from the Administrator access their personal data, amend them, delete or limit their processing. The participant also has the right to request the transfer of data.
  • The data subject has the right to object against the processing of personal data by the Administrator.
  • The data subject has the right to make a complaint to the supervisory authority, i.e. the President of the Personal Data Protection Office.
  • The Administrator does not make decisions in an automated way, nor does he use personal data to profile data subjects.
  • Personal data will not be transferred to third countries and international organizations.
  • The Service Provider will have the right to entrust personal data to entities cooperating with the Service Provider in the implementation of agreements covered by these regulations solely for the purpose of processing personal data in the scope specified in these regulations.
  • In all cases related to the processing of personal data, you can contact the Administrator in writing to the address indicated in these regulations.
  • The Administrator does not establish an Inspector of Personal Data Protection.
  • Detailed information about the protection of personal data by the Service Provider are available in the latest Privacy Policy here: https://openmindeddrumming.com/privacy-policy/

XII. Final provisions

  • In all matters not covered by these regulations, relevant legal provisions apply. The law of the Republic of Poland is applicable to all contracts concluded on the basis of these regulations.
  • These regulations may not be interpreted in any way which limits or excludes the rights the Consumer may have under the Consumer Rights Act or other relevant legal provisions.
  • You can contact the Service Provider in all matters related to complaints and personal data in writing to the address: Al. Legionów 15, 34-300 Å»ywiec, Polska, electronically at  openmindeddrumming@gmail.com or by phone +48 516 431 316
  • Information on the methods and access to extrajudicial forms of resolving disputes can be found at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  • An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage The ODR platform is an interactive and multilingual website with comprehensive service for consumers and entrepreneurs seeking a non-judicial resolution of disputes regarding contractual obligations arising from an online sales contract or service contract.
  • The Service provider may change these regulations for important reasons, in particular in the case of changing the range of offered products and services and in case of changes in functionality of the Online Service. The Service Provider informs Users of the Online Service about these changes by sending an e-mail.
  • In the situation referred to above, the User has the right to submit a statement to terminate the contract with a notice period of 7 days within 14 days from the date of receipt of information about the change in the regulations.
  • The change in the regulations does not affect the terms and conditions of the contracts concluded so far, to which foregoing provisions of these regulations apply.

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