Terms of Use ("Terms")

Who are We?

We are Blue Rhythm Ltd. (“we” or “us”), a company that connects artists and music industry professionals with appropriately vetted and authorised medical professionals (“Coaches”), in the fields of substance abuse and mental health, in order to help artists within creative industries.  We operate a platform ("Platform") to connect artists with Coaches who provide the artists with various mental health and addiction related services ("Coach Services").

Our company and contact details are at the bottom of these Terms.

These are the Terms on which we make our Platform available and supply related services to you. You must review these Terms before you create an account with us. Please do not create an account or use our services if you do not agree to these Terms. These Terms of Service are a legal agreement between us and you (“you” or your”) and apply to your use of the Platform and the services. 

Additional Terms may Apply

The ways in which you use the Platform and the Coach Services may also be controlled by an agreement with your dedicated Coach, and the terms and conditions of our suppliers and contractors, such as Cogsworth, Stripe and Doxy.  

Your Privacy

We only use any personal data we collect through your use of the Platform in the ways set out in our privacy policy

Our Service

We operate a Platform that connects artists with Coaches.  Our Coaches provide a wide variety of Coach Services – the specific services provided by our Coaches can be found by clicking the button below.  This means you have a relationship with us, and a separate relationship with the Coach who provides you with the Coach Services.

Your relationship to us relates to how you use the Platform. We provide a technology platform connecting you with Coaches, and the service we provide to you is limited to facilitating your connection with a Coach – for example, by managing payments and bookings for Coach Services or providing the conferencing service to connect you with your coach for a booking. We do not provide the Coach Services. We do not offer any professional medical advice, diagnosis or treatment. You are ultimately responsible for determining whether the Coach Services are the right choice for you. Your relationship with the Coach relates to the Coach Services they provide you. Our Coaches are independent contractors who are not employed by us and do not represent us.   

 

We are selective about the Coaches who are able to provide Coach Services through our Platform.  We have taken reasonable steps to vet all of our coaches before they are able to provide Coach Services through the Platform.  More information about the minimum qualifications for our Coaches can be found by clicking the button below.  We do not monitor or oversee the provision of the Coach Services by the Coaches on a day-to-day basis.  If you feel like the Coach you have been assigned is not fulfilling your needs, please let us know and we will work to assign you to a different Coach.  We make no representation or guarantee in relation to, and are not responsible for, the qualifications of any Coach or the suitability of any Coach.  We cannot guarantee that the skills, degrees, qualifications, licensure, certification, credentials, competence or background of the Coaches will meet your needs.

Limitations of the Platform and Coach Services

Substance abuse and mental health are serious and complex issues. You acknowledge that the Coach Services may not be the appropriate or a complete solution for you in managing your needs, including substance abuse or mental health needs.  You should not take or stop taking any action (such as taking medicines) based on information from our Platform or Coach Services.

The Platform and the Coach Services are not designed to provide emergency or crisis assistance.  If you are considering self-harm or are suffering from a medical emergency, you should seek immediate, in-person assistance by calling the emergency service numbers in your area.  

 

Advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation.  A virtual consultation may therefore not be sufficient in certain circumstances and you should be aware of, and by using the Platform are deemed to have accepted, those limitations.  In particular, a virtual consultation is unlikely to be appropriate or sufficient in circumstances of: (i) emergency; (ii) urgency; (iii) where a physical examination is likely to be required; (iv) where physical intervention is likely to be required; or (v) where the problem, issue or information required is not suited to remote communication.

Getting started with Blue Rhythm

You must be an artist or engaged in the music industry to use the Platform.  You must be 18 or over to accept these Terms and use the Platform, or must have the consent of your parent or guardian who accepts these Terms on your behalf if you are between 16 and 18.  If you are under 16, please do not attempt to use the Platform and Coach Services. To access the Coach Services, you must have an account with us.

To create an account, you need a Unique Client iD Number, assigned by us to you for your use of the Platform ("Unique Client iD Number").  You can obtain a Unique Client iD Number by contacting us here.  Your Unique Client iD Number may be linked to a company code if your management organization or label has a company account with us. 

You must only create one account and must not share your password or give others access to your Platform account.

Bands

If you are a member of a band, and your band is seeking Coaching Services together, each band member must have an individual account to use the Platform.  One band member (or designated representative who also has an account with us) will be responsible for booking sessions with Coaches.  Payment can be processed through the designated representative, or split and invoiced to each band member.

Booking Coach Services

Once you have set up an account on the Platform, you will be able to make bookings through the Platform for various Coach Services with your dedicated Coach.

  

If you wish to change a booking you have made, please contact us.  We will let you know if the change is possible.  If it is possible, we will let you know any changes to the price of the Coach Services you have booked, the timing of the booking, or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.  If we cannot make the change or the consequences of making the change are unacceptable to you, you may wish to cancel your booking.  Please see below for your rights to cancel the booking.

Your dedicated Coach will provide the Coach Services on the date set out in your booking.  Your Coach will continue to supply the Coach Services until they are completed or you or we terminate your contract with us in accordance with these Terms.

Coaches may leave the Platform at any time for a variety of reasons, and therefore your dedicated Coach may no longer be available to deliver Coach Services through the Platform.  We will notify you if your dedicated Coach will no longer be providing Coach Services through the Platform, and we can support you in finding a different Coach.

Conditions on your use

When you use the Platform, you agree that you will:

  • not impersonate any other person or use misleading e-mail addresses; 

  • keep confidential your account and password information, and let us know if there has been any unauthorized access to your account;

  • ensure any information you provide to us or the Coaches is accurate, current and complete, and that you will update this information as necessary to ensure it remains so; 

  • if you are paying for the Coach Services yourself, make payment of all fees for Coach Services payable by you in a timely manner and by any payment date notified by us to you;

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or Coach Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the Platform, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform as permitted in these Terms; 

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things;

  • not use the Platform or Coach Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the Platform (to the extent that such use is not licensed by these Terms);

  • not transmit any material that is defamatory, offensive, threatening, harassing or otherwise objectionable in relation to your use of the Platform;

  • not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

  • not disclose the identity of or any information pertaining to any Coach which you may become aware of through your use of the Platform and the Coach Services; and

  • not collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers operating the Platform.

Update to the Platform and changes to the Coach Services

From time to time, we may automatically update the Platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 

 

We may change the Platform to reflect changes in relevant laws and regulatory requirements, or to implement technical adjustments or improvements.  These changes will not affect your use of the Platform.

 

For more significant changes to the Platform, Coach Services or these Terms, we will notify you and you may then contact us if you wish to end our contract before the changes take effect and to receive a refund for any Coach Services paid but not received.

If the Platform or Coach Services are unavailable at any time or for any period, you should contact us directly using the contact information at the end of these Terms.

Your rights to end the contract

To end the contract with us, please let us know by doing one of the following:  

  • Phone or email. Call customer services on +44 (0)20 745 94891 or email us at contact@bluerhythm.co.uk. Please provide your Unique Client iD Number and the booking you wish to cancel.

  • Online. Complete the online form on our website here.

Your rights when you end the contract will depend on how we are performing and when you decide to end the contract. 

The law allows you to change your mind, cancel your contract to use the Platform and the Coach Services, and receive a refund within 14 days of our email to you confirming your booking. Nothing in these terms deprives you of this right, but if you cancel your contract less than 48 hours before your service is due to commence, we may deduct from that refund a cancellation fee as reasonable compensation for the net costs we incur as a result of your ending the contract. If you cancel your contract after a Coach has started providing you with the Coach Services, you may have to pay us for the Coach Services provided to you up until the time you tell us that you have changed your mind.

If you are ending a contract for a reason set out below, the contract will end immediately. We will refund you in full for any Coaching Services which have not been provided, and you may also be entitled to compensation. The reasons are:

  • we have told you about an upcoming change to the Coaching Services or these Terms which you do not agree to;

  • we have told you about an error in the price or description of the Coaching Services you have booked and you do not wish to proceed;

  • there is a risk that supply of the Coaching Services may be significantly delayed because of events outside our control;
     

  • we have suspended supply of the Coaching Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
     

  • you have a legal right to end the contract because of something we have done wrong. 

Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. Our contract for the Coaching Services is completed when the Coach has finished providing the Coaching Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us as set out above to let us know. The contract will end immediately and we will refund any sums paid by you for Coaching Services not provided, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

How we will refund you

We will refund you the price you paid for the Coach Services through our payment partner Stripe. We may deduct from any refund an amount for the supply of the Coach Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

We may end the contract if you break it or violate these Terms. We may end the contract at any time, by notice in writing to you if:

  • you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or

  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for the Coaches to provide the Coaching Services, for example, the emergency contact information.

If we end the contract in the situations set out above, we will refund any money you have paid in advance for Coaching Services that have not been provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract or breaching these Terms.

Price and payment

If your Unique Client iD Number is associated with a company code because your management organization or label has an agreement with us, payment for the Coaching Services will be managed in accordance with our agreement with them.

If your Unique Client iD Number is not associated with a company code, you will be responsible for paying for the Coaching Services you book.  The price of the Coaching Services (which includes VAT) will be the price indicated on the booking pages when you make your booking. We take all reasonable care to ensure that the price of the Coaching Services advised to you is correct.  If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

Payment is processed through our payment partner Stripe.  You must pay in full at the time of the booking and before receiving the Coaching Services. If you think you have been charged incorrectly, please contact us promptly to let us know. 

Our responsibility for loss or damage suffered by you

Because we do not control, interfere with or direct our Coaches, they are solely responsible for the quality of the Coach Services as well as for the information they provide and decisions they make.

We assume no responsibility for any act or omission of any Coach.  We make no representations or promises as to whether you will find the Coach Services relevant, useful, correct, satisfactory or suitable to your needs.  We do not control the quality of the Coach Services.  We do not guarantee that a Coach is categorized correctly or correctly matched to you.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.

Although every reasonable effort has been made to ensure that the information on the Platform is accurate, the Platform and any information or other material contained on it are made available strictly on the basis that you accept it on an 'as is' basis.  Where you rely on any information or other material contained on the Platform, you do so entirely at your own risk and you accept that all promises, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the Platform are excluded to the fullest extent permitted by law.

We are not responsible for the advice provided to you by the Coaches as part of the Coaching Services.  The advice they provide is not under our control, and we are not responsible for and have not checked the advice they are providing. 

We are not responsible for events outside our control. If the Coaches' provision of the Coach Services or support for the Platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Coaching Services you have paid for but not received.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.  Subject to this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid to us by you.

We are not liable for business losses. The Coach Services are supplied for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The Platform may contain links to other independent apps, services or websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

Intellectual property rights 

All intellectual property rights in the Platform throughout the world belong to us (or our licensors) and the rights in the Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform other than the right to use them in accordance with these Terms.

Transfer of these Terms 

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.

 

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms. If your Unique Client iD Number is connected to a company account, your continued access to the Coach Services is dependent on your management organization or label continuing to pay for your Coach Services.  If your management organization or label ends their contract with us, we will discuss with you other payment options.

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.

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.

Which laws apply to this contract and where you may bring legal proceedings

These Terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish courts or the courts of England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish courts or the courts of England and Wales.

Contacting us (including with complaints)

If you have any questions or complaints about the Platform or a Coach or the Coaching Services, please contact us. You can telephone our customer service team at 020 745 94891 or write to us at contact@bluerhythm.co.uk and 85 Great Portland Street, London, W1W 7LT.