Terms and Conditions

1. Introduction

  1. These Terms and Conditions govern the sale of Products and Services from Earth Choir Academy (ECA).

  2. This includes – but is not limited to – Choir of the Earth Memberships, Choir of the Earth Library Memberships and Associate Memberships, participation in core programme activities or Choir of the Earth Events, and digital products available for download or streaming.

  3. Such products and services may be purchased via the Choir of the Earth and Choir of the Earth Library websites – choiroftheearth.com and choirlibrary.com respectively - or via other administrative methods.

  4. By purchasing any product or service from ECA, you agree to be bound by these Terms and Conditions.

2. Definitions

  1. “ECA”, “we”, “us”, “our” refers to Earth Choir Academy – a non-profit company limited by guarantee, registered in England and Wales at 124 City Road, London, EC1V 2NX; company number 15771094.

  2. “Customer”, “you”, or “your” refers to the individual purchasing Services or Digital Products from our website.

  3. “Digital Products” refer to downloadable and/or streamed content provided by us, including but not limited to our choral courses, resources and recordings.

  4. “Membership” refers to a monthly or annual subscription to the private Members’ Area of the Choir of the Earth website and access to the resources and activities detailed therein.

  5. “Associate Membership” refers to a monthly or annual subscription to the private Associate Members’ Area of the Choir of the Earth Library

  6. “Services” refer to our rolling service contracts for Membership and Associate Membership of Choir of the Earth and Choir of the Earth Library, participation in core programme activities, participation in online and in-person events organised by Choir of the Earth Events, and other ad hoc activities made available by ECA, whether chargeable or free of charge.

  7. “Websites” refers to the website domains owned, and content published thereon, by ECA, namely: https://choiroftheearth.com and https://choirlibrary.com.

  8. “Platforms” refers to presences on other websites managed by ECA, including but not limited to social media accounts, YouTube channels, events listing profiles and choir profiles. It does not extend to information online that has not been published and/or is not managed by ECA.

3. General Conditions

  1. By placing an order with us, you are offering to purchase Services or Digital Products subject to these Terms and Conditions.

  2. We reserve the right to amend these Terms and Conditions from time to time without notice to you. The latest version will always be available on our website.

  3. All purchases from Earth Choir Academy are licensed for the use of one individual only. Resources and links provided should not be shared with anyone else, regardless of whether they have paid for their own access. If anyone requests access to resources or links, please direct them to the Earth Choir Academy team using the contact information at the bottom of our websites, and we will manage their request directly.

  4. If you wish to use our products with someone else, such as a spouse or a friend, or if you are a choir director wishing to use them with a choir, you must purchase a separate product or membership for each person using the item. This policy ensures fairness and the proper licensing of our resources.

  5. We reserve the right to offer group discounts on a case-by-case basis where a large number of individuals require access to a Product or Service, but this should not be expected as a matter of course.

4. Membership and Core Programme Services

  1. Memberships and Associate Memberships are provided on a rolling contract basis, with payments due on a monthly or annual basis. The specific terms of your Membership, including duration, renewal, and cancellation, will be outlined during the purchase process and available in the Account section of the relevant website.

5. Member Conduct

  1. Members are required to conduct themselves in a respectful and responsible manner when accessing any interactive parts of the service, including but not limited to YouTube Chat, our Facebook Group for Members and Associate Members, emails to the ECA team, attendance at in-person events, and any other forums or communication channels provided by ECA.

  2. Spamming, abusive behaviour, harassment, fraudulent behaviour, or any form of misconduct will not be tolerated.  Further information on acceptable conduct is available in our Acceptable Behaviour Policy, which is available on our website and must be complied with in full.

  3. We reserve the right to monitor and moderate all communications and activities within its communication channels to ensure compliance with these terms.  These activities may be carried out by volunteers who hold a volunteer agreement with ECA and have received the appropriate training.

6. Cancellation of Membership

  1. We reserve the right to cancel a Member or Associate Member’s access to our Services without notice where an individual violates any of the terms detailed in this agreement, or in ECA’s Acceptable Behaviour Policy.

  2. No refunds will be paid for any remaining time left on a Membership or Associate Membership if it is cancelled due to a breach of our Terms and Conditions or Acceptable Behaviour Policy.

7. Right to Cancel and Cooling Off Period

  1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers have the right to cancel an unused contract within 14 days without giving any reason (“Cooling Off Period”).

  2. However, by agreeing to these Terms and Conditions, you expressly request and agree that we may begin the supply of the Services or Digital Products immediately after your purchase, and that you are therefore waiving your right to this Cooling Off Period.

  3. Your right to cancel and obtain a refund will be lost once the supply of the Services has commenced – such as access to our Members or Associate Members’ areas, or the link to download or stream our Digital Products.

  4. You may of course still cancel your Membership at any time, but no refunds will be provided for any fees already paid.

8. Digital Products and Services

  1. Digital Products and Services purchased from our website may be used, streamed and/or downloaded as outlined in the product description.

  2. You are granted a non-exclusive, non-transferable, individual license to use the Digital Products for your personal, non-commercial use.

  3. As per Section 7 – ‘Right to Cancel and Cooling Off Period’ – you acknowledge and agree that, by completing the purchase of downloadable items, you forfeit the right to cancel your purchase once you have received access by way of a link to the location of the downloadable item.

  4. If you encounter any issues with the quality of your downloaded items, please contact us in reply to our email fulfilling your order, and we will provide a replacement or refund as appropriate, in line with your rights under the Consumer Rights Act 2015.

9. Price and Payment

  1. The price of our Services and Digital Products will be as quoted on our website at the time you submit your order - no additional taxes or charges will be added.

  2. Unless it is specifically stated otherwise, payment for our Products and Services must be made in full at the time of purchase, by credit or debit card via our website and/or Stripe account, or by bank transfer as agreed in advance using the Contact Information below.

  3. We reserve the right to change our prices at any time for future orders or renewals.  Where you have signed up for a rolling Membership or Associate Membership, we will give you at least 14 days’ notice where we propose to increase your next payment.

  4. Additional optional costs may apply in some cases, such as the separate purchase of copyrighted music scores where these are used in our choral courses. Where this is applicable, it will be clearly stated, along with – where possible - the details of a reputable seller.

  5. ECA may work with third party organisations or suppliers to produce branded products and services made available through external websites, or to host a branded presence thereon, including but not limited to branded merchandise, fundraising pages, or choral resources.

  6. Any purchases or payments made through external websites or retailers are subject to the respective organisation’s own terms and conditions, and should be made at the individual’s own risk. ECA does not accept liability for any issues that may arise.

10. Intellectual Property

  1. All content available on our websites is the intellectual property of Earth Choir Academy or its licensors. You may not reproduce, distribute, or create derivative works from this content without our express written consent.

11. Limitation of Liability

  1. To the fullest extent permitted by law, Earth Choir Academy shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with your use of our Services or Digital Products.

  2. We are not responsible for any loss or damage arising from the use of the members' area, including any indirect or consequential loss.

  3. ECA does not guarantee that the website or its services will be compatible with all hardware or software, or that it will be free of viruses, errors, or other harmful components. Members are responsible for ensuring their own hardware and software meet the necessary requirements to access and use the service.

  4. ECA will not be responsible for the health and safety of individuals using our Services or Digital Products. It is the responsibility of each user to ensure that they are in a safe and suitable environment and that they are physically capable of participating in any activities associated with our Services or Digital Products.

  5. Our total liability to you in respect of all other losses arising under or in connection with the purchase of Services or Digital Products shall not exceed the total amount paid by you for those Services or Digital Products.

12. Consent to Receive Communications

  1. At checkout on our websites, we invite you to consent to receive email newsletters and other communications from ECA.  We also offer the option to add yourself to our mailing list via a form in the footer of our website.

  2. Such emails will be sent in line with our Privacy Notice and the Data Protection and Privacy section below.

  3. You may unsubscribe or change your communications preferences at any time using the links at the bottoms of our emails or by contacting ECA directly using the information below.

13. Changes to Terms and Conditions

  1. ECA reserves the right to amend these terms and conditions at any time.

  2. Members will be notified of any significant changes via email.

  3. Participation in some of our activities will require agreement to additional terms and conditions specific to the activity in question.  These will be clearly stated where applicable. 

14. User Accounts and Security

  1. You may be required to create an account to access certain Services or Digital Products on our websites. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.

  2. You agree to notify ECA immediately of any unauthorised use of your accounts on our websites, or any other breach of security. ECA will not be liable for any loss or damage arising from your failure to comply with this security obligation.

  3. We reserve the right to suspend or terminate your account if we suspect any unauthorised activity or breaches of our terms and conditions.

15. Data Protection and Privacy

  1. Your personal data will be processed in accordance with our Privacy Notice, which complies with the General Data Protection Regulation (GDPR) and other relevant data protection legislation.  This is available in the footer of our website.

  2. By using our Services or purchasing Digital Products, you consent to the collection, use, and sharing of your personal data as necessary to fulfil our obligations to you, as outlined in our Privacy Notice.

  3. We take reasonable steps to protect your personal information, but we cannot guarantee the security of your data transmitted to our website before it reaches us; any transmission is at your own risk.

16. Third-Party Links and Services

  1. Our website may contain links to third-party websites or services that are not owned or controlled by ECA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

  2. You acknowledge and agree that ECA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

17. Force Majeure

  1. ECA shall not be liable for any failure or delay in performing its obligations under these terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, civil disturbances, or government restrictions.

18. Entire Agreement

  1. These Terms and Conditions, together with our other policies, including our Privacy Policy and Acceptable Behaviour Policy, constitute the entire agreement between you and ECA regarding your use of our Services and Digital Products and supersede all prior agreements, understandings, or arrangements between us, whether oral or written.

  2. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions.

19. Severability

  1. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

20. Complaints and Dispute Resolution

  1. If you have any complaints or concerns about our Services or Digital Products, please contact us at communications@choiroftheearth.com, and we will endeavour to resolve your issue as quickly as possible.

  2. If we cannot resolve a dispute through our internal complaints procedure, we may refer you to an alternative dispute resolution (ADR) provider or agree to mediation in accordance with the laws of England and Wales.

21. Contact Information

  1. For any questions or concerns regarding these Terms and Conditions, please contact us at communications@choiroftheearth.com.

22. Additional Information

  1. Choir of the Earth, Choir of the Earth Events and Choir of the Earth Library are part of Earth Choir Academy: a non-profit company limited by guarantee, registered in England and Wales as company number 15771094.

  2. Earth Choir Academy’s registered office address is: 124 City Road, London, EC1V 2NX.

23. Governing Law

  1. These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

By proceeding with a purchase from ECA, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Published: February 2025