Terms of Use
Last updated: 6 April 2025
Please read these Terms of Use carefully before accessing or using any part of this platform. By accessing or using the service, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use the service.
1. Definitions
Throughout these Terms of Use, the following terms carry the meanings set out below:
- Service - the website, platform, and all associated features, tools, and content made available to users.
- User - any individual who accesses, browses, registers on, or otherwise interacts with the Service.
- Account - a registered profile created by a User to access restricted areas or features of the Service.
- Content - all text, images, video, audio, data, materials, and other information available on or through the Service.
- Operator - the entity that owns and operates the Service.
2. Acceptance of Terms
By creating an Account, completing a purchase, enrolling in a session, or simply browsing the Service, you enter into a binding agreement with the Operator under these Terms of Use. These terms apply to all Users regardless of how they access the Service.
If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms, and references to "you" include that organisation.
2. Eligibility
You must be at least 16 years of age to use the Service independently. Users under the age of 16 may only access the Service with verifiable consent and active supervision of a parent or legal guardian, who accepts these terms on their behalf.
By using the Service, you represent and warrant that all information you provide is accurate, current, and complete, and that you meet the eligibility requirements stated above.
3. Account Registration and Security
3.1 Creating an Account
Certain features of the Service require you to register an Account. You agree to provide truthful and complete information during registration and to keep that information up to date. You may not impersonate another person or create an Account using false information.
3.2 Account Credentials
You are solely responsible for maintaining the confidentiality of your login credentials. You must not share your password or allow others to access your Account. You agree to notify the Operator immediately if you suspect any unauthorised access to your Account.
3.3 Account Responsibility
All activity that occurs under your Account is your responsibility. The Operator is not liable for any loss or damage resulting from unauthorised use of your Account where you have failed to take reasonable steps to protect your credentials.
4. Use of the Service
4.1 Permitted Use
The Service is provided for lawful, personal, and educational purposes only. You may access and use the Service in accordance with these terms and any additional guidelines published by the Operator.
4.2 Prohibited Conduct
You must not:
- Use the Service for any unlawful purpose or in violation of any applicable regulation.
- Reproduce, distribute, sell, sublicense, or commercially exploit any part of the Service or its Content without prior written permission.
- Attempt to gain unauthorised access to any part of the Service, its servers, or connected systems.
- Introduce malware, viruses, or any other harmful code into the Service.
- Scrape, crawl, or extract data from the Service using automated tools without express written consent.
- Harass, threaten, or harm other Users or instructors through the Service.
- Post or transmit content that is defamatory, obscene, discriminatory, or otherwise objectionable.
- Circumvent or interfere with any security, access control, or authentication mechanism of the Service.
- Use the Service to send unsolicited communications or promotional material.
4.3 Monitoring
The Operator reserves the right, but not the obligation, to monitor use of the Service to ensure compliance with these terms. The Operator may investigate any suspected breach and take appropriate action, including suspension or termination of access.
5. Educational Sessions and Enrolment
5.1 Session Types
The Service offers both group and individual learning sessions. Session formats, durations, schedules, and availability are subject to change at the Operator's discretion. Details are provided on the relevant session pages at the time of enrolment.
5.2 Enrolment
Enrolment in a session constitutes a commitment to participate. You are responsible for ensuring you meet any prerequisites stated for a session and that you have the technical means to attend.
5.3 Scheduling and Cancellations
Session schedules are published in advance. If the Operator cancels or reschedules a session, affected Users will be notified and offered an alternative or a refund where applicable. User-initiated cancellations are subject to the cancellation policy in effect at the time of booking.
5.4 Conduct During Sessions
Users must conduct themselves respectfully during live sessions. Disruptive, offensive, or inappropriate behaviour may result in removal from the session and suspension of Account access without refund.
6. Payments and Refunds
6.1 Pricing
Prices for sessions and other paid features are displayed on the Service and are inclusive of applicable taxes unless otherwise stated. The Operator reserves the right to change pricing at any time, with changes taking effect for new purchases only.
6.2 Payment Processing
Payments are processed through third-party payment providers. By making a purchase, you agree to the terms of the relevant payment provider in addition to these terms. The Operator does not store full payment card details.
6.3 Refund Policy
Refund eligibility depends on the nature of the purchase and the timing of the request. Requests for refunds must be submitted through the contact channels listed on the Service. The Operator will assess each request in good faith and communicate the outcome within a reasonable time.
6.4 Failed Payments
If a payment fails, access to paid features may be suspended until the outstanding amount is settled. The Operator will make reasonable efforts to notify you of a failed payment before suspending access.
7. Intellectual Property
7.1 Operator's Content
All Content on the Service, including but not limited to course materials, videos, written resources, exercises, branding, and design elements, is owned by or licensed to the Operator and is protected by applicable intellectual property laws. No Content may be reproduced, modified, or distributed without prior written permission.
7.2 User-Submitted Content
Where the Service allows you to submit content - such as written responses, recordings, or feedback - you retain ownership of that content but grant the Operator a non-exclusive, royalty-free licence to use, store, display, and process it for the purpose of delivering and improving the Service.
You represent that any content you submit does not infringe the rights of any third party and is not unlawful.
7.3 Feedback
If you submit suggestions, ideas, or feedback about the Service, the Operator may use that feedback without restriction or compensation to you.
8. Privacy and Data
Your use of the Service is also governed by the Privacy Policy, which is incorporated into these terms by reference. By using the Service, you acknowledge that the Operator collects and processes personal data as described in the Privacy Policy.
You are responsible for ensuring that any personal data you provide about third parties has been shared with their knowledge and consent where required.
9. Third-Party Links and Services
The Service may contain links to third-party websites, tools, or services. These links are provided for convenience only. The Operator does not endorse, control, or accept responsibility for the content or practices of any third-party service. Accessing third-party services is at your own risk and subject to their respective terms.
10. Disclaimers
10.1 No Guarantee of Outcomes
The Service provides educational content and facilitated learning experiences. The Operator does not guarantee specific learning outcomes, skill attainment, or professional results. Progress depends on individual effort, engagement, and circumstances beyond the Operator's control.
10.2 Service Availability
The Operator aims to maintain consistent availability of the Service but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances outside the Operator's control.
10.3 As-Is Basis
To the fullest extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of Liability
To the fullest extent permitted by applicable law, the Operator shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use the Service, even if the Operator has been advised of the possibility of such damages.
The Operator's total liability for any claim arising from these terms or your use of the Service shall not exceed the total amount paid by you to the Operator in the twelve months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Operator and its officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your breach of these terms, or your violation of any third-party rights.
13. Termination
13.1 By the Operator
The Operator may suspend or terminate your access to the Service at any time, with or without notice, if you breach these terms or if continued access is deemed harmful to other Users, the Operator, or the integrity of the Service.
13.2 By You
You may close your Account at any time by contacting the Operator through the channels listed on the Service. Closing your Account does not entitle you to a refund of any amounts already paid unless otherwise required by applicable law.
13.3 Effect of Termination
Upon termination, your right to access the Service ceases immediately. Provisions of these terms that by their nature should survive termination - including intellectual property rights, disclaimers, and limitations of liability - shall continue to apply.
14. Modifications to the Terms
The Operator may update these Terms of Use from time to time. When changes are made, the updated terms will be published on the Service with a revised "Last updated" date. Your continued use of the Service after changes are published constitutes your acceptance of the revised terms.
If changes are material, the Operator will make reasonable efforts to notify registered Users in advance.
15. Modifications to the Service
The Operator reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without liability. Where feasible, Users will be given reasonable advance notice of significant changes affecting paid services.
16. Entire Agreement
These Terms of Use, together with the Privacy Policy and any other policies published on the Service, constitute the entire agreement between you and the Operator regarding your use of the Service and supersede all prior agreements or understandings on the same subject matter.
17. Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
18. Waiver
The Operator's failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. Any waiver must be in writing to be effective.
19. Contact
If you have questions about these Terms of Use or wish to report a concern, please contact us using the details below:
| Method | Details |
|---|---|
| help@gesturestage.com | |
| Phone | +353 71 964 4210 |
| Post | Clash Industrial Estate, Clash East, Tralee, Co. Kerry, V92 RWV5, Ireland |