Terms and conditions
General terms and conditions
By using the platform or registering for a club, you agree to these terms. If you do not accept these terms or cannot form a binding agreement, you may not use the platform or register for a club.
1.Welcome to Hearts & Stars!
1.1 These Terms govern your use of the Hearts & Stars platform (including online services and club content) and your registration for any club.
1.2 Each club is delivered in collaboration with a coach responsible for its content.
1.3 By agreeing to these Terms, you consent to our Privacy Policy, Acceptable Use Policy, and any other posted policies.
2. Accessing Hearts & Stars
2.1. Acceptance: When signing up for a club you agree to these Terms and our Policies.
2.2. Accurate information: All information provided must be true, accurate, and complete. Updates must be provided as necessary. All personal information will be processed in accordance with our Privacy Policy.
2.3. Eligibility: You must clear any required screening and cannot be under any sanctions that prohibit enrollment.
2.4. License: We grant you a limited, personal, non-transferable, and revocable license to use our services, subject to these Terms and applicable fees.
2.5. Suitability: It is your responsibility to determine whether a club suits your needs before registering.
2.6. Registration: Access is granted only after successful screening and full payment.
2.7. Age Requirement: You must be at least 18 years old to register.
2.8. Accessibility: We may need to interrupt platform access for maintenance. We are not liable for losses due to downtime.
3. Club requirements
3.1. Basic requirements: You an internet-enabled device capable of accessing the platform, uploading artwork and responding to communication.
3.2. Additional requirements: Some clubs may require additional software or software features, which you must obtain at your own cost.
4. Club delivery
4.1. Relationship with coaches: Clubs are designed with coaches, but administered by Hearts & Stars.
4.2. Language: English is the primary language for instruction and communication.
4.3. Platform: The platform link is provided upon registration.
4.4. Communications: Communication may be via phone, email, or platform message.
4.5. Access to the platform: You will need to setup a profile on the platform (or, if you already have a profile, you will use your existing profile for the club). If you are suspended from participation in a club (for non-payment of fees or any other valid reason), we may suspend access to the platform. Please note that there may be some time delay between registration and enrollment.
4.6. Permitted use: Only registered artists may participate. Sharing login credentials is prohibited.
4.7. Your responsibility in the event of unauthorized use: Notify us immediately at info@heartsandstars.co if there is any unauthorized access to your account. We take security seriously, but as the user, you accept all risks of any unauthorized access that could occur regarding your information.
4.8. Access disputes: If there is a dispute as to who has the right to operate a profile on the platform, we may suspend the profile and deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
4.9. Prohibited use: You are prohibited from doing the following:
4.9.1. Making available copies of the club content (or any portion thereof) on a network server, web server, or another website, for use/examination by others;
4.9.2. Using, displaying or otherwise making available the club content (or any portion thereof), or any other materials, to third parties in an electronic or print format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the club content by any other means;
4.9.3. Sub-licensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the club content or your rights granted to you under these Terms;
4.9.4. Reverse engineering, decompiling, or disassembling any software that is contained within club content or on the platform; and
4.9.5. Removing any notice of copyright, trademark or any other proprietary right from any place where it is displayed on or embedded in the club content.
4.10. Platform capability: The platform may not be fully compatible with all mobile devices, including smartphones and tablets. In order to access and participate effectively on the platform, you may require access to a desktop computer or a laptop computer.
4.11. External services: Clubs may require you to use external services. Hearts & Stars is not responsible for technical support for any external services. If you have any queries relating to external websites, contact the support services of the relevant services directly. Hearts & Stars will not be liable for any costs, claims or damages that you may suffer as a result of your use/misuse of, or failure to access, any external services.
4.12. Video: Video feedback is provided in the majority of clubs. Viewing these videos will be essential to your club. If you are using a slower internet connection, attempts to view these videos may be difficult.
4.13. Administrator: Your primary contacts during a club will be your Hearts & Stars administrator:
4.13.1. This administrator will ensure that you have access to club materials and are supported and well informed about club happenings. Your administrator will be available on the platform.
4.14. Coach: Each coach is approved by, and presented in collaboration with Hearts & Stars. Nothing in these Terms establishes more than a very limited relationship between you and the coach with which we collaborate, or entitles you to use the resources of the coach beyond participation in the club, unless expressly stated otherwise in relation to a particular club.
5. Club submissions
5.1. Club submissions: Where applicable, submission are due on the date and time as indicated in the club calendar or as otherwise indicated by your administrator. Usually, you will be given a full week (including the weekend) to complete and submit work. If you are not able to meet an submission deadline, you are advised to request an extension through your administrator.
6. Artist conduct
6.1. General rules: All artists are required to adhere to the Acceptable Use Policy (below).
6.2. Offensive and prohibited content and communications: All communications on the platform or through our website, including any content published by you, must remain appropriate at all times. Hearts & Stars retains the right to monitor and investigate any communication which is alleged to be offensive or specifically prohibited. Hearts & Stars retains the right to take any action that we deem appropriate to ensure that platform environment remains constructive. You agree to abide by the provisions of Acceptable Use Policy, especially in relation to offensive and prohibited conduct. In addition, you undertake not to use Hearts & Stars services to promote any business or enterprise, unless permitted to do so by a representative of Hearts & Stars in writing, or unless this forms part of a club requirement. To the extent that any person is harmed by your comments, Hearts & Stars shall not be held responsible for your behavior and you hereby release Hearts & Stars from and indemnify Hearts & Stars against any such liability.
6.3. Submitted work: Hearts & Stars requires that you take responsibility for the authenticity of your own work.
7. Pricing, payment and delivery
7.1. Club fees: When you register for a club, you agree to pay the applicable club fees. We reserve the right to change any club fees at any time at our sole discretion. Any change, update, or modification will be effective immediately upon posting to the Hearts & Stars website.
7.4. Referral codes: If you have been provided with a referral code and you would like to make use of it when you register for a club, you will have to indicate this on the platform when registering for the relevant club (where indicated), and agree to be bound by the terms and conditions of this referral code. Should you register without utilizing the referral code, the referral code will become redundant and you will not be entitled to receive the benefit of the referral code, including a refund of any part of the club fee, once payment has been received by us. Referral codes are non-transferable and non-refundable.
7.4. Consequences of non-payment: If you fail to make the required payment for a club by the due date for payment (as agreed during application), then we may, in our sole discretion, remove you from the club or suspend your participation in the club.
7.5. Dispute: If there is a dispute about payment of any club fee (or any portion thereof), or the way in which you use the platform or the website, we may at our sole discretion suspend your participation in the club for the period of the dispute.
8. Cancellations and postponements
8.1. Cancellation of club membership: To cancel your membership, you must cancel your monthly subscription directly with the payment provider. Your membership will remain active until the end of the current paid period.
8.3. Refunds: If you signed up for a club by mistake and have not participated, you may request a refund within 10 calendar days of your registration by emailing info@heartsandstars.co. Refunds will be considered on a case-by-case basis.
8.4. Insufficient demand: We reserve the right to cancel a club if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
9. Limitation of liability and indemnity
9.2. No liability for club outcomes: We will not, under any circumstances, be liable for any costs, claims, damages, or loss that you may sustain or suffer as a result of registering for and/or participating in any club (or other services offered by us) which is not relevant, suitable or does not meet your requirements, and/or the requirements of any relevant industry or commercial body. Under no circumstances do we guarantee your suitability for a particular club.
9.2. Limitation of liability: With the exception of our willful misconduct, and to the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages, including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer relating to or arising from these Terms, your participation in a club, or the termination of a club, for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event will Hearts & Stars aggregate liability to you for any and all claims exceed the total amount of fees received by Hearts & Stars from you in the six months preceding any cause of action.
9.3. Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Hearts & Stars, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
9.4.Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Hearts & Stars services or clubs must commence within one (1) year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
9.5. Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration for and/ or participation in a club. This indemnity includes claims arising from your use of the platform in a way that does not comply with these Terms or the unauthorized or prohibited access of your profile by a third party. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
10. Interruption of Hearts & Stars website or platform
10.1. Interruption of service: You acknowledge and agree that from time to time, the Hearts & Stars Website and/or Platform may be inaccessible or inoperable, by reason of one or more of the following:
10.1.1. Equipment malfunctions or faults;
10.1.2. Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time; or
10.1.3. Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, government regulations, computer virus, attacks on the network and network congestion or other failures.
10.2. No breach: Such interruption to the accessibility of the Hearts & Stars Website or applicable platform will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the Hearts & Stars Website and/or applicable platform.
10.3. Security: We will use commercially reasonable measures to secure our system and your profile in the platform, and related information, however, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorized use of your account.
11. Intellectual property
11.1. Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the website and/or platform or otherwise provided to artists by Hearts & Stars, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and clubs will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
11.2. Artist content: The services and club may enable you to share your own content, including submissions, with Hearts & Stars, coaches, the administrator, and fellow artists. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and the coach collaborating on your club shall be entitled to use (in our discretion) all content shared by you on the applicable platform for internal research and development, club improvement and non-commercial purposes.Ultimately, it is your responsibility to ensure the proper protection of your intellectual property – if your intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on the platform or otherwise through the website will not be used by other artists.
12. Warranties and disclaimers
12.1. Disclaimers: To the extent permissible under applicable laws, all services, clubs and their content are provided "as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the club content or the fitness of the club content for the purpose for which you acquired it.
13. Termination of participation in a club
13.1. Modifying and terminating services: We are constantly changing and improving our services and clubs. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled artists reasonable prior notice of any material changes. You may also discontinue your use of our services and clubs at any time.
13.2. Breach: If you breach these Terms and fail to remedy the breach within five (5) days after receiving a written notice, we may terminate your participation in the club for which you are registered, and you will not be entitled to a refund of any portion of the club fees. We shall furthermore be entitled to immediately suspend your access to the platform in the event of a material breach of these Terms, as determined in our sole discretion, pending an investigation into the relevant conduct.
14. Complaints and dispute resolution
14.1. General complaints policy: Whether it is positive or negative, Hearts & Stars encourages feedback from artists. Where this feedback is a complaint about our club, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner.
14.2. Lodging a complaint: Should you wish to lodge a complaint, you are required to submit this to info@heartsandstars.co. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or an artist is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
14.3. Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavor to address complaints within five (5) working days (although this may not always be possible depending on the nature and severity of the complaint). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further. Escalations of this nature may be referred to the administrator collaborating on your club who may investigate the matter further, and the coach may recommend an outcome or course of action.
14.4. Disputes: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between us, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in South Africa.
14.5. Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
15. General
15.1. Entire agreement: These Terms, together with the Policies, shall constitute the entire agreement between you and Hearts & Stars concerning your registration for and participation in a club.
15.2. Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the website and platform, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a club at the time when such changes come into effect.
15.3. Conflict: If any aspect of these Terms conflicts with any information provided on our website or in information packs or other club materials, these Terms will prevail unless expressly stated otherwise.
15.4. Severability: In the event that any part of these Terms is found to be partially or fully unenforceable, this will not affect the application or enforceability of the remainder of these Terms.
15.5. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hearts & Stars without restriction.
15.6. No indulgence/waiver: If Hearts & Stars chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term shall be deemed a further or continuing waiver of such term.
Coach Terms and Conditions
Welcome to Hearts & Stars! We are excited to partner with you to create meaningful and enriching coaching experience. Before embarking on this journey, please carefully review the following Coach Terms and Conditions. By participating as a coach, you agree to abide by these terms, which constitute a legally binding agreement between you and Hearts & Stars.
1. Coach partnership
1.1. Hearts & Stars operates on a partnership model with coaches. As a coach, you are a valued partner in the coaching experience, contributing your expertise and insights.
2. Coach structure
2.1. Hearts & Stars is committed to facilitating a tailored and structured club experience. We collaborate with coaches to develop a bespoke curriculum that meets the unique vision of each club. Our structured approach ensures a consistent and high-quality club experience, underpinned by the expertise and guidance of our industry-leading coaches.
3. Coach fees
3.1. Coach Fee Structure: The coach fees for coaching services is established upfront between the coach and Hearts & Stars, reflecting the value and scope of the club services provided. This fee is fixed and non-negotiable for the duration of the club agreement unless otherwise mutually agreed upon in writing due to significant changes in the scope or nature of the club services.
3.2. Review and Adjustment: In exceptional circumstances, if there is a significant change in the scope or nature of the club services, the coach fee may be subject to review. Both the coach and Hearts & Stars must agree in writing to any fee adjustments. This ensures transparency and mutual agreement on any changes to the financial terms of the club.
4. Use of session content
4.1. Any content produced during the facilitated sessions may be used to provide feedback to artists, enhancing the overall club experience.
4.2. Coaches agree to be recorded during facilitated sessions for the purpose of providing constructive feedback to artists.
5. Non-solicitation of staff
5.1. Coaches are prohibited from soliciting Hearts & Stars staff and artists for employment opportunities. This policy is in place to maintain the professional integrity and operational stability of the Hearts & Stars platform. Any attempts to breach this policy may result in the termination of the coach's engagement with Hearts & Stars.
These Coach Terms and Conditions are designed to foster a collaborative and mutually beneficial partnership between Hearts & Stars and coaches. We appreciate your commitment to creating inspiring club experiences for aspiring artists. If you have any questions or concerns, please contact our support team. Thank you for being a part of Hearts & Stars!
Acceptable use policy
Your use of the Hearts & Stars platform, including the website, app, and associated services (collectively referred to as our "platform"), is governed by this Acceptable Use Policy. Terms defined in the Site Terms of Service or other relevant agreements hold the same meaning in this Acceptable Use Policy.
1.User responsibility
You are responsible for your use of the Hearts & Stars platform, including any content you submit, your account, and your interactions with other users.
You represent and warrant that:
1.1. You will not use a false identity or provide false or misleading information.
1.2. You will not create an account if you have been previously removed or banned from the platform.
1.3. You will use any Hearts & Stars content for the specific limited purposes set forth in the Site Terms or any applicable Additional Terms.
1.4. In connection with any club, you will not request or fulfill a request involving illegal activities, violence, hate speech, or that disparages any person, entity, brand, or business.
2. Prohibited conduct
You will not:
2.1. Violate any law, regulation, or court order.
2.2. Violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or other legal rights of any third party.
2.3. Submit, post, share, or communicate anything that is illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful, pornographic, indecent, profane, obscene, or otherwise objectionable.
2.4. Send spam or any other unsolicited or unauthorized communications.
2.5. Engage in spidering, harvesting, or the use of software designed to collect data from the platform.
2.6. Transmit viruses or other computer instructions intended to disrupt, damage, or interfere with the use of computers or related systems.
2.7. Stalk, harass, threaten, or harm any third party.
2.8. Impersonate any third party.
2.9. Participate in fraudulent or illegal activities, including phishing, money laundering, or fraud.
2.10. Attempt to circumvent technological measures to protect the platform, users, or any other third party.
2.11. Advocate, encourage, or assist any third party in engaging in prohibited conduct.
3. Investigations
While we are not obligated to monitor access or use of the platform, we reserve the right to do so to:
3.1. Operate the platform.
3.2. Enforce this Policy or our Terms.
3.3. Comply with applicable laws, regulations, court orders, or other legal requests.
3.4. Protect the rights, safety, and well-being of our users and third parties.
4. Consequences of violation
Violation of this Acceptable Use Policy may result in the suspension or termination of your account and access to the platform.
5. Reporting violations
Users are encouraged to report any violations of this Policy to Hearts & Stars for prompt investigation and resolution.
By using the Hearts & Stars Platform, you acknowledge and agree to comply with this Acceptable Use Policy. Failure to adhere to these guidelines may result in the termination of your account and access to the platform.
