1.These terms
1.1 Together with your application form, (“Application Form”) these terms and conditions will form the basis of our contract with you (“Terms”) through which we, Mercury Musical Developments (“MMD” / “we” / “us” / “our”), will deliver our membership services (“Services”) to you as a member of MMD (“Member”).
1.2 Please read these terms carefully before submitting your application for membership of MMD (“Membership”). These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 If we have to contact you we will do so by telephone or by writing to you at the phone number, email address or postal address you provided to us in your Application Form (or such other number or addresses as you may notify to us in writing).
2.2 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Becoming a member of MMD (“Joining”) comes into effect when you receive your Welcome email from an MMD staff member, after you have submitted your application and your payment has been processed, at which point a contract will come into existence between you and us. Accepting these Terms and Conditions via the application form is a condition of Joining.
3.2 If we are unable to accept your application for Membership, we will inform you of this and will refund your payment. This might be because you do not meet the membership criteria, because we have identified an error in your application or because we are unable to accept your application for another reason.
3.3 If you have Joined, but it subsequently turns out that any or all of the information provided by you was misleading or false, we reserve the right to revoke your Membership with immediate effect.
3.4 All Members will pay an annual Membership fee. MMD reserves the right in its sole discretion to change the Membership fee each year. You will be informed of any change to the membership fee through your renewal letter/email.
3.5 Your Membership is valid immediately from Joining and will be valid for 12 months unless otherwise stated. Your Membership will renew each year upon receipt of payment.
3.6 You will be contacted approximately 19 days before your Membership is due for renewal, with a renewal reminder email. This email will also inform you of any membership fee changes. Payment will automatically be taken on or after the date specified on the email, unless you choose to cancel your Membership before this date.
4. Publications and other materials
Unless stated otherwise, copyright and all other rights in all publications and materials supplied to you by MMD is owned by MMD. Members may not reproduce, transmit, distribute, sell or commercially exploit these materials without the prior consent of MMD or to the extent expressly permitted by law.
5. Cancelling your membership
5.1 You can always cancel your Membership by ending your contract with us.
5.2 As a consumer, when you pay for Membership you have a legal right to cancel the contract formed between us and receive a full refund if you change your mind or decide for any other reason that you do not want to use the Membership within 14 days of Joining (as defined above).
5.3 Cancellations received more than 14 days from Joining will not be eligible for a refund. Membership benefits will cease in their entirety from the date you receive confirmation from us that your cancellation has been processed. To end the contract with us, please let us know by phone or email on the number or address at the top of these terms. Please provide your name, home address, phone number and email address.
5.4 To meet the cancellation deadline, it is enough for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. We will email you to confirm we have received your cancellation.
5.5 Upon cancellation of your Membership you will no longer be entitled to receive any Membership benefits. Unused benefits cannot be transferred to new membership purchase.
6. Membership benefits
You can see a list of the membership benefits that apply to membership of MMD here
6.1 We may maintain, cancel or introduce different categories of Membership from time to time. It is your responsibility to ensure that you have the most appropriate category of Membership to suit your personal circumstances at any time. MMD is not responsible in the event that a more appropriate category of Membership may have been available at any time.
6.2 We may at any time change and/or withdraw any and all Membership Benefits. We will provide you with notice in advance of any major changes to the Membership Benefits which we consider will materially disadvantage you, and give you the opportunity to cancel the remainder of your year’s membership with a pro-rated partial refund. e.
6.3 Specific terms and conditions may apply to individual Membership Benefits. Where that is the case, you will be asked to accept those terms and conditions prior to taking advantage of that particular Membership Benefit.
7. Payment of the Membership Fee
7.1 You may choose to pay the Membership fee via Direct Debit or payment card. This payment method will be saved to your account and if your Membership auto-renews this same method will be charged, unless you change your payment information.
7.2 If paying by Direct Debit, you must notify us at least one calendar month prior to the date on which you are due to be renewed if you intend to cancel your Membership.
7.3 If there is any difficulty with processing payment we will be in touch to re-attempt payment collection.
7.4 If you wish to cancel part-way through your Membership Period you are not entitled to a partial refund, unless you are cancelling because we have withdrawn or made significant changes to your Membership Benefits.
8. Liability
8.1 Any Services we provide to you are for your own personal use. They are not for any commercial, business or re-sale purposes. You agree that MMD has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence (that means that it is an obvious consequence of our breach, or that it was contemplated by you and us at the time you became a Member), but we are not responsible for:
(a) any loss or damage that is not foreseeable;
(b) any loss or damage arising from your use of Membership Benefits which are provided by an external provider / third party other than MMD (provided that the loss or damage is not a result of a breach of these Terms by us);
(c) you misusing the MMD website or any other part of the Services in any way (including you undertaking any inappropriate, unlawful or immoral activity and/or any activity which could harm MMD and/or bring MMD’s reputation or that of its members, officers or employees, into disrepute); or
(d) us or other MMD members, acting on materials or communications which purport to have been made by or on behalf of you but which have been created or sent by (i) a third party purporting to act in your name, or (ii) a person who has lawful access to the Services but who exceeds his or her authority, regardless of whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise.
8.3 In any event (except in the event of death or personal injury) the aggregate liability to you shall be limited to the refund of your Membership fee.
8.4 Nothing in these Terms shall exclude or limit any person’s liability where it would be unlawful to do so. This includes for death or personal injury caused by a person’s negligence, or any person’s liability for fraud. This clause 8.4 takes precedence over all other terms in this clause 8.
8.5 Except as specified in these Terms, all express or implied conditions, terms, representations or warranties (whether implied by statute or otherwise) are hereby excluded to the maximum extent permitted by law.
8.6 These Terms do not and shall not affect your statutory rights as a consumer.
9. Data Protection
9.1 By entering into these Terms you acknowledge that we will collect and process your personal data as necessary for our performance of these Terms on the basis set out in our Privacy Policy
10. Termination / suspension of Membership
10.1 Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, we may terminate your Membership immediately, or suspend your entitlement to any of the Services, if:
(a) in our opinion, you materially, persistently or repeatedly breach any of these Terms, or fail to adhere to our Code of Conduct (see above).
(b) you fail to make any payment to MMD on the date on which it falls due and payable in accordance with these Terms and/or the Application Form and/or within seven days of us reminding you that payment is due; or
(c) we are required by any applicable law or regulation (including the Code of Conduct) and/or a reasonable request from MMD’s Board of Trustees and/or any committee nominated by MMD’s Board of Trustees to terminate your Membership.
10.2 If we terminate your Membership for any of the reasons set out in clause 10.1, unless otherwise authorised by or on behalf of the Board in writing:
(a) your entitlement to the Membership Benefits and your right to use the Services shall cease with immediate effect, and we may take all steps as we consider necessary to implement this (including, without limitation, terminating your access to and use of any membership only areas of the MMD website and Services and invalidating any relevant access details);
(b) you shall not hold yourself out as being a member of the MMD;
(c) save where we terminate pursuant to clause 10.1(c), you shall immediately pay to the MMD all of MMD’s outstanding unpaid fees (including the Membership Fee) and interest due in accordance with these Terms.
10.3 Termination for whatever reason of these Terms shall not affect:
(a) any rights, liabilities or obligations which accrued before such termination (including without limitation the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination);
(b) any right to payment of fees; and
(c) any of these Terms that are expressly or by implication intended by MMD to continue in force on or after termination of these Terms.
10.4 If we need to terminate your Membership immediately, or suspend your access to any of the Services, for any of the reasons set out in clause 10.1, we will inform you of our decision to do so as soon as reasonably practicable.
11. Changes to these terms
11.1 We may update these Terms at any time to reflect changes in or to:
(a) relevant laws or regulatory requirements;
(b) security, technical or operational issues;
(c) the operation of our website and / or services; or
(d) our business;
11.2 If we update these Terms, we will post a revised version of the Terms, and a summary of our changes, on our Website. We may also e-mail you with information on those changes.
12. If there is a problem with your Membership
If you have any questions or complaints about your Membership, please contact us on the phone number or addresses at the top of this document.
13. General
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 These Terms constitute the entire agreement between you and us.
13.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
Terms updated as of 4/07/2023