Terms of Service

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.

Membership

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.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the privacy policy carefully. 

Subscriptions

11. 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 a member who purchases only a single class.

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:

1. Purchasing: When you buy an item, you acquire the right to use that item; but you’re not actually acquiring or owning the item itself.
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 one or more of the resources inside that course. This includes lessons, topics, or information within those categories. It’s also possible that lessons and topics are added into the course at no extra cost to you.
   2. We may revoke certain features from any member type, such as limiting access to the Fretwise app.
3. 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).
   1. Many support queries and technical questions will already be answered in the products instruction.
   2. 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.
   3. 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:

1. Item price: The item price is made up of an access fee, and the item support fee.
2. Transaction Fee: All payments incur a variable transaction fee that is a percentage of your payment.
3. Site/App 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 site online.
5. 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:

1. you warrant to us that you have carefully considered the suitability of your chosen product, and that you have chosen appropriately;
2. you cannot cancel a completed purchase of an item;
3. 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;
4. Fretwise retains ownership of the item; and
5. 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:

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.
2. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
3. the item matches the description given on the item summary page, as well as any item preview;
4. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
5. 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);
6. 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
7. reasonable usage support as described in these terms.

Refunds

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. If you are not satisfied with your purchase, you can contact Darryl directly to resolve any issues or concerns.

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:

1. you have changed your mind about an item;
2. you bought an item by mistake;
3. you do not have sufficient expertise to use or access the item;
4. you ask for goodwill;
5. 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.

Intellectual Property

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 so that the property can be removed.

Our use of your information

23. 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.

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.

Playing fair

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/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, as you agree to follow them as part of these terms.

Legal Housekeeping

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:

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 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.

Fretwise App

33. The Fretwise app can be downloaded on the Apple App Store and Google Play. This app is bound to the same terms and conditions noted here, in addition to the licence agreements stated on the respective stores, and including the following:

Fretwise App End User License Agreement.

This End User License Agreement (“Agreement”) is between you and Fretwise and governs use of this app made available through the Apple App Store. By installing the Fretwise App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Fretwise App.

In order to ensure Fretwise provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature found under the “…” icon with each topic or topic reply.

1. Acknowledgement
   This Agreement is between you and Fretwise only, and not Apple or Google. Notwithstanding the foregoing, you acknowledge that Apple, Google, and its subsidiaries are third party beneficiaries of this Agreement, and have the right to enforce this Agreement against you. Fretwise, not Apple or Google, is solely responsible for the Fretwise App and its content.
2. Privacy
   Fretwise may collect and use information about your usage of the Fretwise App, including certain types of information from and about your device. Fretwise may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Fretwise App.
3. Limited License
   Fretwise grants you a limited, non-exclusive, non-transferable, revocable license to use the Fretwise App for your personal, non-commercial purposes. You may only use the Fretwise App on Apple or Android supported devices that you own or control and as permitted by the supported stores Terms of Service.
4. Age Restrictions
   By using the Fretwise App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Fretwise App does not violate any applicable law or regulation. Your access to the Fretwise App may be terminated without warning if Fretwise believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Fretwise App, you agree to be bound by this Agreement in respect to your child’s use of the Fretwise App.
5. Objectionable Content Policy
   Content may not be submitted to Fretwise, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty
   Fretwise disclaims all warranties about the Fretwise App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Fretwise, not Apple or Google, shall be solely responsible for such warranty.
7. Maintenance and Support
   Fretwise does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Fretwise, not Apple or Google, shall be obligated to furnish any such maintenance or support.
8. Product Claims
   Fretwise, not Apple or Google, is responsible for addressing any claims by you relating to the Fretwise App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Fretwise App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims
   Fretwise shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Fretwise App. To the extent Fretwise is required to provide indemnification by applicable law, Fretwise, not Apple or Google, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Fretwise App or your use of it infringes any third party intellectual property right.

Version 3 – Effective date: May 19th, 2022.

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Privacy Policy

This Privacy Policy governs the manner in which the website collects, uses, maintains, and discloses information collected from users (each ‘User’ or ‘Member’) of this website (‘Site’). This privacy policy applies to the Site and all products and services offered by ‘Fretwise’.

1. Hi there, welcome to the Fretwise – registered UK business.
2. When we say ‘we’, ‘us’, ‘Darryl’, or ‘Darryl Syms’, it refers to the Fretwise.
3. If we say ‘policy’ we’re talking about this privacy policy.

The type of information we collect

4. We may collect non-personal information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilised, and other similar information.
5. Personal information that we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, photos, payment information such as payment agent details, transactional details, support queries, forum or social comments/interactions (if applicable), your actions on this site (including any selections or inputs into items), class progress, and web and email analytics data.

How we collect personal information

6. We collect personal information directly when you provide it to us, or automatically as you navigate through the site.
7. We will collect personal identification information from Users only if they voluntarily submit such information. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

How we use personal information

8. We will use your personal information:
   1. To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the site, like where you purchase an item from us.
   2. Where this is necessary for purposes which are in our legitimate interests. These interests include:
      1. operating the site;
      2. providing you with services described on this site;
      3. verifying your identity when you sign in to this site;
      4. responding to your communication;
      5. updating you with operational news and information about the site and services e.g. to notify you about changes to the site, website disruptions, or security updates;
      6. carrying out technical analysis to determine how to improve the site and services we provide;
      7. monitoring activity on the site, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the site;
      8. managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the site;
      9. improving our products and services; and
      10. providing general administrative and performance functions and activities;
   3. For purposes which are required by law.
   4. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.

Where we store your personal information

9. We are based in the UK, but our servers are located in the US.

How we keep your personal information secure

10. We store personal information on secure servers that are managed by us and our service provider. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.
11. We adopt appropriate data collection, storage, processing practices, and security measures to protect against unauthorised access, alteration, disclosure, or destruction, of your personal information, username, password, transaction information, and data stored on this Site. Payment information is secured and handled by either PayPal or Stripe, depending upon the users payment choice at the checkout. A valid and encrypted SSL certificate will always be present on this Site.

How you can access your personal information

11. You can access some of the personal information that we collect about you by logging in to your account. You can also close the account you have with us at any time, which will permanently remove your data.

Cookies (not the type you eat!) and web analytics

12. For more information about how we use cookies, web beacons, and similar technologies see our cookie policy here and for more general information on cookies, see http://www.allaboutcookies.org.
13. When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
    1. your IP address or proxy server IP address’;
    2. the domain name you requested;
    3. the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
    4. the date and time of your visit to the website;
    5. the length of your session;
    6. the pages which you have accessed;
    7. the number of times you access our site within any month;
    8. the file URL you look at and information relating to it;
    9. the website which referred you to our Sites;
    10. the operating system which your computer uses; and
    11. the technical capabilities of your web browser.

Information you make public or give to others

14. If you make your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that data. There are lots of ways that you can find yourself providing information to other people, like when you post a public message on a forum thread, share information via social media, or make contact with another user. Before making your information publicly available or giving your information to anyone else, think carefully.

How long we keep your personal information

15. We retain your personal information for as long as is necessary to provide the services to you and others, and to comply with our legal obligations. If you no longer want us to handle your personal information, you can delete your account permanently in your account settings. This is an irreversible action.

How you can contact us

16. Members: you are provided with multiple opportunities to reach out – both publicly and privately. You can contact Darryl directly via your private messages.
17. Non-Members: There is a dedicated contact page where you can get in touch.

Your acceptance of these terms

18. By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

If you’re a user or visitor in the European Economic Area these rights also apply to you:

19. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.

How you can access your personal information

20. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
21. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
22. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.

Both personal information and personal data have the same meaning in the context of this Privacy Policy.

Policy v2, effective date 1 February 2021

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