1. Hi, and welcome to Fretwise! I hope you enjoy your visit. When you see ‘I’, ‘we’, ‘us’, ‘Darryl’, or ‘Darryl Syms’, it’s because that’s who we are and we own and run Fretwise.
2. When you create an account and become a member of our community, you are accepting these terms.
3. Fretwise allows members to buy digital products like Masterclasses and Lessons. All transactions are logged on both user and administrator ends.
4. The items available for purchase on Fretwise are owned by Darryl.
5. During your visit with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept these terms then you will need to leave because your presence on and use of Fretwise is conditional on your acceptance to be bound by these terms and whether you become a member or not.
How browsing, memberships, and subscriptions work
6. Sample Content: If you view a sample lesson or video from one of the products on this site, you agree that you will not remove any watermarking or other protective measures from the preview. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Fretwise and not for any other purpose, including redistribution.
7. Browsing: When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply whether or not you’re a member.
8. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
9. Member Account: To become a member, you will need to purchase a product from this site. Upon payment, your account will be created. Your membership will allow you to participate stream and download digital products, and participate in our forums and classrooms. Member accounts grant access to single users, not multiple users. If your account is suspected to be used by multiple users, your account may be suspended.
10. Your responsibility: You promise that the information you provide us is true, accurate, and complete. You will keep your account information up-to-date, including your current email address. Your membership is not transferable, that means you cannot sell your account.
You are responsible for any activity that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions.
11. By purchasing a subscription on this site, you authorise recurring billing to your provided payment method.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Fretwise.
12. What you’re buying:
- Purchasing: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself.
- Item support: All items are supported by both the author (Darryl). The support period expires when you no longer have access to the product (perhaps when your subscription ends).
- Many support queries and technical questions will already be answered in the products instruction.
- During the item support period, you can report and discuss bugs and minor item defects. An administrator is expected to be available to assist you with reported bugs.
- Only support that is relevant to the products which you have purchased may be tended to.
13. The total price for an item on Fretwise is made up of:
- Item price: The item price is made up of an access fee, and the item support fee.
- Transaction Fee: All payments incur a variable transaction fee that is a percentage of your payment.
- Site Maintenance & Upkeep: Weekly maintenance tasks including site functionality updates, improving user friendliness, and more.
- Third Party Fees: This includes hosting, domain, and other third party costs that keep this site online.
- Currency Conversion Costs: These cary depending on the currency and payment service provider. Inevitably all payments will be converted to GBP.
Transacting as a buyer:
14. Payments can be made by adding a product to your cart and then following the checkout procedure. During the checkout, you will be required to pay via one of the available payment gateways. This includes PayPal and Stripe. To checkout via PayPal, you may be redirected to their website to complete your payment.
15. Terms of buying: When you buy an item from Fretwise you’re doing so on the following terms:
- you warrant to us that you have carefully considered the suitability of your chosen product, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- once you buy or download an item and the item has been paid for, you acquire non-exclusive access to the item under the terms of this site;
- Fretwise retains ownership of the item; and
- your relevant details will be provided in order to facilitate the transaction, for example for invoicing, item support, and membership services.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
16. Warranties we make:
- We warrant that Fretwise will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given on the item summary page, as well as any item preview;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices, or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and
- reasonable usage support as described in these terms.
17. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given in section 16 has been breached.
18. We will assess refund or credit requests on their merits, considering the digital nature of Fretwise items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use or access the item;
- you ask for goodwill;
- you didn’t learn enough.
19. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse.
20. Disputes lodged with payment agents: If you lodge a dispute with a payment agent, this will result in a freezing of your Fretwise account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Fretwise account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
21. Site Content: You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.
22. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
Our use of your information
24. Confidential Information: We value your information and take reasonable precautions to protect it. While using Fretwise, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through Fretwise to any other person.
25. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on Fretwise. Contact details include your email address, street address, Skype name, and phone number. If you do, you do so at your own risk!
26. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, considered spam, or is in breach of anyone else’s rights, or if we think that your use of Fretwise and any content might result in liability to us or anyone else.
27. Community participation: We take great pride in our global and thriving community—it’s part of what makes Fretwise great. We focus on transparency and mutual respect and invite you to participate, give feedback, and have your say. Before participating, please read the Community Guidelines, as you agree to follow them as part of these terms.
28. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Fretwise complies with these terms and our policies. We can suspend or terminate your Fretwise account at any time for any reason (acting reasonably of course), including if you:
- breach these terms;
- breach any of our policies;
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
If we do decide to permanently terminate your Fretwise account you must not apply for a new account as you will no longer be welcome in our community.
29. Availability: We strive to have Fretwise available to you 24 hours a day, seven days a week, but you know how the internet works: occasionally you might not be able to access the services, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how our services work. Fretwise will not be liable to you for any loss you suffer as a result of these things.
30. Blocking a member, disabling an account, or refusing to process a payment. We may block you, terminate any of your accounts, or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Fretwise account, or that payment, including if it breaches a law or regulation. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Fretwise using funds sourced from a sanctioned country.
As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
31. Changes to the Fretwise Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can close your account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Fretwise after the changes are made, then you will be agreeing to the changes.
32. Applicable Laws: The laws of the United Kingdom govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Version 2 – Effective date: February 1st, 2021.