Last Updated: 18th July 2024

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Terms of Service”) carefully before using the getfretwise.com website, operated by Darryl Syms.

Your access to and use of the Service (Fretwise) is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. Violation of these terms may result in your account being removed, without notice. All members of Fretwise are presented the opportunity to read and accept these terms upon creating an account and making a purchase.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access or use the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

1. General

1. Hi, and welcome to Fretwise! I hope you enjoy your visit. When you see ‘Fretwise’, ‘I’, ‘we’, ‘us’, ‘Darryl’, or ‘Darryl Syms’, it’s because that’s who we are and we own and run Fretwise.
2. Throughout these terms, the words “Course”, “Masterclass”, and “Class” are interchangeable and all represent the same product type.
3. When you create an account and become a member of our community, you must digitally accept these terms.
4. Fretwise allows members to buy digital products like Guitar Masterclasses and Lessons. All transactions are recorded and can be reviewed by the user from their account, and by the administrator.
5. Fretwise, getfretwise.com, and all products available for purchase on this website, are owned exclusively by Darryl Syms.
6. During your visit, you agree to follow the ground rules outlined in these terms. If you don’t accept these terms then you do not have permission to access this platform because your presence on and use of Fretwise is conditional on your acceptance to be bound by these terms. These terms apply to all visitors and members.

2. Browsing, Memberships, and Subscriptions

This section will outline how visitors are expected to view and consume content on Fretwise.

2.1. Browsing and Accessing Content:

1. Accessing Content: When you make a purchase on Fretwise, you will have access to view the content as per your purchase. Videos and Written notes are not available for download. You can only engage with your purchase when connected to the Fretwise website.
2. 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.
3. 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.
4. 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.
5. Downloads: Lessons and Masterclass content are not to be downloaded or copied. Members and visitors are explicitly told what is available for download, and this usually includes supplementary diagrams, tabs, and audio tracks. If content is downloaded or distributed without explicit consent, legal action may be taken.

2.2. Membership:

1. Member Account: To become a member, you will need to purchase a product from this site. Upon payment at the checkout, your account will be created. Your membership will allow you to participate in masterclasses that you have purchased, which involves: streaming videos, reading lesson notes, downloading supplimentary digital files, and participating in our forum. 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.
2. 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, which means that 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 unauthorised 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.

2.3. Subscriptions

1. Subscriptions VS Membership: Everyone who creates an account on Fretwise is a member, or has acquired “Membership”. Subscriptions are an additional purchasable product of Fretwise, and require Membership (an account on Fretwise).
2. Recurring Billing: By purchasing a subscription on this site, you authorise recurring billing to your provided payment method. Subscribing members will get access to more features than members without a subscription, as members without a subscription are expected to purchase each masterclass individually. Subscribing members do not need to purchase masterclasses individually, as every masterclass is accessible via a subscription to Fretwise in addition to other subscription perks.
3. Subscription Duration: It is your responsibility to manage the duration of your subscription. Billing will recur in accordance to a pre-agreed billing cycle, unless you explicitly cancel your subscription from your account settings. If you have any problems doing this, it is your responsibility to contact us before any unexpected renewals.

3. 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.

3.1. What you’re buying:

1. Purchasing: When you purchase an item, you acquire the right to use or view that item for the agreed duration of your purchase. If you purchase a masterclass, you will be able to access that product indefinitely. If you purchase a subscription, you will be able to access the product for the duration of your pre-paid billing period. It’s important to highlight that you do not own any product after purchase. You are only purchasing the rights to view the product, which is available to view exclusively on the Fretwise platform.
2. Features: Fretwise reserves the right to alter, add, or remove features from a product or the service at any time, without notice. Here are two scenarios:
   1. If you purchase a course, we may remove or add content inside of that course. This can include lessons, topics, downloads, or written notes. No compensation is offered if content is removed from any course, and no additional fee is expected for content that is added.
   2. We may add or revoke certain features from any member, but always with the intention of providing a better product or service.
3. Item Support: All items are supported by the author (Darryl). The support period expires when you no longer have access to the product (e.g when your subscription ends). The team behind Fretwise is expected to be available to assist you with product related questions or website reported bugs. Support is only provided to the products which you have access to.

3.2. The total price for an item on Fretwise is made up of:

1. Item price: The item price is made up of a product access fee, and the product support fee.
2. Transaction Fee: All payments incur a variable transaction fee that is a percentage of your payment.
3. Platform Maintenance & Upkeep: Weekly maintenance tasks including site functionality updates, improving user friendliness, and more.
4. Third Party Fees: This includes hosting, domain, and other third party costs that keep this platform online.
5. Currency Conversion Costs: These vary depending on the currency and payment service provider. Inevitably all payments will be converted to the businesses primary operating and taxable currency, GBP.

4. Transacting As A Buyer

This section outlines how customers are expected to purchase products from Fretwise, including how payments are collected.

4.1. How payments are collected

1. 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.
2. When you buy an item from Fretwise you’re doing so on the following terms:
   1. you warrant to us that you have carefully considered the suitability of your chosen product, and that you have chosen appropriately;
   2. you are required to agree to these terms & conditions;
   3. you cannot cancel a completed purchase of an item;
   4. 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;
   5. Fretwise retains ownership of the item; and
   6. your relevant details will be provided in order to facilitate the transaction, for example for invoicing, item support, and membership services.
3. Fretwise does not collect or store any payment data from customers. Your payment information is handled solely by our third party providers, and it is their responsibility to handle your payment details securely and safely.

4.2. Warranties we make:

1. 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.
   1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
   2. the item matches the description given on the item summary page, as well as any item preview;
   3. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
   4. 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);
   5. 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.

5. Refunds

1. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given in Section 4 has been breached, or if you are within the 14-day money-back guarantee period stated on product sales pages. If you are not satisfied with your purchase, you can contact Darryl directly to resolve any issues or concerns.
2. A 14-day money-back guarantee is provided with every product. If you are not satisfied with your product or service within 14 days from the day of your purchase, you are invited to request a refund from us. You will be given the option for:
   1. a refund to your original payment method;
   2. the option to swap your chosen product for a different one:
      1. this will invalidate your money-back guarantee and refunds may then only be provided out of good will; or
   3. a prompt solution to any problems or issues you are experiencing.
3. This guarantee does not apply to recurring subscription payments. We do not offer refunds for recurring subscription payments that have already gone through. If you choose to cancel, you will retain full access to the membership until it expires on the day it was originally set to renew.
4. 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 no obligation to provide a refund or credit in situations like the following:
   1. you have changed your mind about an item;
   2. you do not think you will use the courses;
   3. you bought an item by mistake;
   4. you do not have sufficient expertise to use or access the item;
   5. you ask for goodwill; or
   6. you didn’t learn enough.
5. 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.
6. 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. Any disputes made against Fretwise will be handled in accordance to these terms and conditions which you have agreed to.

6. Intellectual property

1. 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.
2. 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 so that the property can be removed.

7. Our use of your information

1. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy. Our Privacy Policy explains how we deal with your information.
2. 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.

8. Playing fair

1. 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!
2. 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.
3. Community/Forum 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. Your agreement to them is an extension of these terms.

9. Legal housekeeping

1. 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:
   1. breach these terms;
   2. breach any of our policies;
   3. act in a way that does not align with the values of our community; or
   4. act in a way that could cause us or members harm.

   If we 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.

2. 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.
3. 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.

1. 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.
2. 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.