Terms & Conditions

  • (Updated 30th July 2023)

    The website instrumentallydeficient.com, also known as instrudefmusic.com, tobystoptips.com and tobiasbradley.com ("Website") is owned and operated by InstruDefMusic.Com (referred to as “InstruDef/we/our/us”). All products that you purchase from us (“Products”), and any images, text, video and/or audio (collectively “Content”) therein, audio and video material and related informational materials in any medium provided by us, including related text, captions, or information (collectively referred to as “Media”) are owned by us. All Content and Media are protected by UK and international copyright laws. As user (“you/your”) of this Website you acknowledge that any use of this Website (“Use/Using/Used”) including any transactions you make is subject to our terms and conditions ("Terms") below. Please read through these Terms carefully before Using this Website and print a copy of these Terms for future reference. Any Use of our Website shall constitute your acceptance of our Terms. The Terms include our Privacy Policy and Cookie Policy.

  • General

    1. By Using this Website and/or downloading and/or purchasing any Products, you agree to be bound by these Terms. These Terms apply to you and, if you are Using this Website on your client`s behalf, to you and all your clients. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you Use this Website.

    2. Your Use of the Website will be subject to the most current version of the Terms posted on the site at the time of your Use. We reserve the right to change these Terms at any time. Any such changes will take effect when posted on this Website (see date at the top) and it is your responsibility to read the Terms on each occasion you Use this Website and your continued Use of this Website shall signify your acceptance to be bound by the latest Terms.

    3. Should you disagree with anything stated here please discontinue your Use of the Website and erase all data you have downloaded.

    4. Where we have provided you with a translation of the English language version of the page or Website`s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with us. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.

    5. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on market trends.

    6. InstruDef includes instrumentallydeficient.com, also known as instrudefmusic.com, tobystoptips.com and tobiasbradley.com. We also use third parties in order to provide you with our services. Our services (“Services”) are your interactions with us online or otherwise by using our Website, our social media, our accounts on online platforms, by email or by post; our Website; and our products (products created by us that are made available for your purchase through this Website or anywhere else, “Products”). We are not responsible for the policies, terms and conditions nor practices of such third parties. We recommend that you read the policies, terms and conditions of every third party you Use to access our Services.

  • Privacy Policy

    1. Your privacy and the security of your personal information is extremely important. This privacy policy applies if you Use any of our Services.

    2. It is InstruDef that controls your personal information in whichever circumstances you are dealing with us.

    3. We may hold different types of personal information about you. These are:

    - Information that you provide to us such as your name, address, date of birth, telephone number, email address, bank account and payment card details and any feedback you give to us, including by email, post, via our Website, or when you communicate with us via social media;

    - Information about the Products and Services we provide to you (including for example, the things we have provided to you, when and where, what you paid, the way you Use our Subscriptions, Products and Services, and so on);

    - Your account login details for our Services, including your Password Details;

    - Information about any device you have Used to access our Services (such as your device’s make and model, browser or IP address) and also how you Use our Services. For example, we will try to identify when and how you Use our Website;

    - Your contact details and details of the emails you receive from us from instrumentallydeficient@gmail.com or tobias@instrumentallydeficient.com (“Email/Emails/Emailed”) and other electronic communications such as inbox messages from any of our social media accounts (“Message/Messages”), including whether that Email or Message has been opened and if you have clicked on any links within that Email or Message. We want to be sure that our Emails or Messages are useful for you, so if you don’t open them or don’t click on any links in them, we know we need to improve our Services;

    - Information about whether or not you want to receive marketing Emails from us; and

    - Information from other sources such as specialist companies that provide customer information (like marketing and research companies), social media providers, as well as information that is publicly available.

    4. Whenever we process your personal information we have to have something called a “legal basis” for what we do. The different legal bases we rely on are:

    - Consent: You have told us you are happy for us to process your personal information for a specific purpose;

    - Legitimate interests: The processing is necessary for us to conduct our business, but not where our interests are overridden by your interests or rights;

    - Performance of a contract: We must process your personal information in order to be able to provide you with one of our Products or Services;

    - Prevention of fraud: Where we are required to process your data in order to protect us and our customers from fraud or money laundering;

    - Vital interests: The processing of your personal information is necessary to protect you or someone else’s life;

    - Public information: Where we process personal information which you have already made public;

    - Legal claims: The processing of your personal information is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; and

    - Legal obligation: We are required to process your personal information by law.

    5. There are a number of ways in which we use your personal information, depending on how you interact with us. If you do not provide your information to us, then we will be unable to interact with you in that way – for example, if you do not provide your name, address and account details when purchasing one of our Products on our Website, we will not be able to sell you that Product as we would be unable to process your payment or deliver the Product to you. We may use your information in the following ways:

    - To provide our Products and Services – we need to use your personal information to make our Products and Services available to you. If you then decide to order any of our Products, we need to provide them to you and process your payment. We need to use your Details to do these.

    - To personalise your shopping experience - we try to understand our customers so we can provide you with a great shopping experience, relevant marketing, personalised offers, shopping ideas and online advertising. Understanding how you interact with us, where you shop, the Products you buy, the Services you Use and how you Use and browse our Website helps us to do this.

    - For safety and security – we use your personal information to help provide safe and secure environments for us to work in, our customers to shop in and for our businesses to be conducted. To enable this we monitor online behaviour and carry out checks to help us ensure that our customers are genuine, to prevent fraud and to help customers use our Services appropriately.

    - Analytics and profiling – we use your personal information for statistical analysis and to help us understand more about you. That includes understanding the Products you buy, the manner in which you consume them, the Services you Use and how you shop with us. This helps us to serve you better and to find ways to improve our Services. These profiles may help us to send you offers that are more relevant to you.

    - Contacting you – we use your personal information to contact you: either to conduct market research or to contact you about Products and Services from us. We may also contact you in relation to any questions, queries or comments you have raised with us or to discuss the status of your InstruDef account with us.

    - Cookies and similar technologies - we use cookies to help give you the best experience on our Website and to allow us and third parties to tailor ads you see on other websites. For more information please see Cookie Policy below.

    6. We may share your personal information with:

    Our service providers – we work with partners, hosts and suppliers so that they can help us provide the Products and Services you require from us. These third parties process your personal information on our behalf and are required to meet our high standards of security before doing so. We only share information that allows them to provide their services to us or to facilitate them providing their services to you. These third parties include:

    - Advertising companies, who may help us place our adverts online;

    - Our agents, advisers or others involved in running accounts and Services for you or collecting what you owe us;

    - Market research partners, who help us to analyse customer behaviour;

    - Social media providers where we interact with you on social media;

    - Third party vendors who help us to manage and maintain our IT infrastructure;

    - Email providers who enable us to deliver Products you order on our Website or any website on which our Products are sold and allow us to contact you and you to contact us;

    - Where relevant, our professional advisors, such as lawyers and consultants;

    - Companies that deploy our Email campaigns for us because they need to know your email address to carry out these services;

    - Companies that provide insights and analytics services for us so we can stock the right Products, send the right marketing campaigns and understand our business and customers better;

    - Security and fraud prevention companies to ensure the safety and security of our customers, colleagues and business;

    - Companies that enable us to collect your reviews and comments, both online and offline; and

    - Companies that help us with any community and social goals we may have.

    Other organisations and individuals – we may share your personal information in certain scenarios. For example:

    - If we’re discussing selling or transferring part or all of InstruDef, we may share information about you to prospective purchasers and their advisers – but only so they can evaluate the relevant business; or

    - If we are reorganised or sold to another organisation, we may transfer information we hold about you to them so they can continue to provide the Services to you;

    - If we are required to by law, under any code of practice by which we are bound or where we are asked to do so by a public or regulatory authority such as the police;

    - If we need to do so in order to exercise or protect our legal rights, users, systems and services; or

    - In response to requests from individuals (or their representatives) seeking to protect their rights or the rights of others. We will only share your personal information in response to requests which do not override your privacy interests. For example, we shall not share your personal information with individuals who are merely curious about you, but we will share your personal information to e.g. insurers, solicitors, etc. which have a legitimate interest in your personal information.

    7. From time to time we transfer your personal information to suppliers or service providers based outside of the EEA for the purposes described in this privacy policy. When we do this, your personal information will continue to be subject to one or more appropriate safeguards set out in the law. These might be the use of model contracts in a form approved by regulators, or having our suppliers sign up to an independent privacy scheme approved by regulators.

    8. We would like to tell you about our great offers, ideas, Products and Services from time to time that we think you might be interested in. Where we have your consent or it is in our legitimate interests to do so, we may do this by Email. We won't send you marketing Emails if you tell us not to, but if you receive a Service from us we will still need to send you occasional Service-related Emails. If you wish to amend your marketing preferences, you can do so by logging into your InstruDef account and following the directions. Please note that it can take a little while for all marketing to stop once you either withdraw your consent or tell us you’d like to opt out of marketing. This is because some marketing may already be in transit.

    9. You have a number of rights under data protection legislation which, in certain circumstances, you may be able to exercise in relation to the personal information we process about you. These include:

    - the right to access a copy of the personal information we hold about you;

    - the right to correction of inaccurate personal information we hold about you;

    - the right to restrict our use of your personal information;

    - the right to be forgotten;

    - the right of data portability; and

    - the right to object to our use of your personal information.

    Where we rely on consent as the legal basis on which we process your personal information, you may also withdraw that consent at any time. If you are seeking to exercise any of these rights, please contact us using our Contact page and use “Data Protection Rights” as the subject. Please note that we will need to verify your identity before we can fulfil any of your rights under data protection law. This helps us to protect the personal information belonging to our customers against fraudulent requests.

    10. We use automated decision making, including profiling, in certain circumstances, such as when it is in our legitimate interests to do so, or where we have a right to do so because it is necessary for us to enter into, and perform, a contract with you. We use profiling to enable us to give you the best service across our Services, including specific marketing which we believe you will be interested in. You have the right not to be subject to a decision based solely on automated processing, which has legal effects for you or affects you in any other significant way. If you are seeking to exercise this right, please contact us using our Contact page and use “Automated Processing” as the subject.

    11. We will keep your personal information for the purposes set out in this privacy policy and in accordance with the law and relevant regulations. We will never retain your personal information for longer than is necessary. In most cases, our retention period will come to an end 7 years after the end of your relationship with us.

    12. We take protecting your personal information seriously and are continuously developing our security systems and processes. Some of the controls we have in place are:

    - We limit user access to our systems to only those that we believe are entitled to be there;

    - We use technology controls for our information systems, such as firewalls, user verification and data encryption;

    - We utilize industry “good practice” standards to support the maintenance of a robust information security management system; and

    - We enforce a “need to know” policy, for access to any data or systems.

    13. If you would like to exercise one of your rights as set out above, or you have a question or a complaint about this policy, or the way your personal information is processed, please contact us using our Contact page and use “Privacy Policy” as the subject. You also have the right to lodge a complaint with the UK regulator, the Information Commissioner. Go to ico.org.uk/concerns to find out more.

    14. This privacy policy was most recently updated in July 2022. If we make changes to it, then we will take appropriate steps to bring those changes to your attention.

  • Cookie Policy

    1. Cookies (“Cookies”) are small data files (cookies and similar technologies such as tags and pixels) that websites place on your computer, laptop or mobile device.

    2. We use Cookies for the following purposes:

    - To improve the performance of our Website by understanding which parts work well, and which don’t.

    - To deliver relevant online advertising to you. This is sometimes done by combining data that we already have about you with the data collected through Cookies. These Cookies are placed by us and selected third parties and enable adverts to be presented to you on third party websites.

    - To measure how effective our online advertising and marketing Emails are.

    - To enable us to collect information about how you and other people Use our Website.

    - To improve your experience on our Website, for example we use Cookies to remember the items you’ve put in your basket and to personalise your experience.

    3. We use the following cookies:

    - Strictly necessary Cookies. These are Cookies that are required for the operation of our Website. They are necessary for the safety, security and integrity of the Website. For example, they help support the structure of the pages that are displayed to you, help to improve navigation and allow you to return to the pages you have previously visited. This type of Cookie only lasts for the duration of the time you are visiting the Website. When you leave the Website they are deleted automatically.

    - Performance Cookies or analytical Cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are Using it. This helps us to improve the way our Website works, for example, by ensuring that Users are finding what they are looking for easily. The data is aggregated and anonymised, which means we cannot identify you as an individual.

    - Functionality Cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). These also allow you to autofill form details such as when using our Contact page and when you purchase Products from us. These Cookies will remain on your device until you choose to clear it. If you choose to do this, you will need to enter your details each time you visit the Website.

    - Targeting Cookies. These Cookies will collect information about your browsing habits and may allow us to show you adverts while you are browsing our Website and other sites on the internet. They are set by us or by carefully selected third parties. They help us to understand the performance of our marketing activities and improve the relevance of the adverts that you see.

    4. You can stop Cookies being used on your device by activating the setting on your browser that allows you to block the deployment of all or some Cookies. Please visit www.allaboutcookies.org to find out how. Please note, if you use your browser settings to block Cookies you may not be able to access all or parts of our Website.

    5. If you have a question about this policy please contact us using our Contact page and use “Cookie Policy” as the subject. You also have the right to lodge a complaint with the UK regulator, the Information Commissioner. Go to ico.org.uk/concerns to find out more.

    6. This cookie policy was most recently updated in July 2022. If we make changes to it, then we will take appropriate steps to bring those changes to your attention.

  • Products

    1. Digital products (“Digital Products”) are products created by us and made available for you to purchase and subsequently download, including their Content. This includes Patron-only digital content, which is purchased by means of a paid subscription.

    2. The copyright holder will be displayed on and/or within the metadata of Digital Products and may not be edited, hidden or removed. Any further copying, reproduction, transmission, publication, display, distribution, commercial exploitation, editing, customisation or creation of derivative works of any Digital Product in contravention of these Terms shall be considered a violation of these Terms and of our Intellectual Property.

    3. If prior written permission is given to use our Media or Digital Products, full credit must be given to the Creator (who holds full copyright and title) wherever a Media or Digital Product is used (including copying, reproduction, transmission, publication, display, distribution, commercial exploitation, editing, customisation or creation of derivative works), whether in accordance with these Terms or otherwise.

    4. Physical products (“Physical Products”) are items of merchandise sold by us via Spod or via Spring, both third parties. Physical Products and our designs that are placed upon them may not be copied, reproduced, transmitted, published, displayed, distributed, commercially exploited, edited, customised, or have derivative works created of them without our express prior permission.

    5. If prior written permission is given to use our Products, full credit must be given to the Creator (who holds full copyright and title) wherever a Product is used (including copying, reproduction, transmission, publication, display, distribution, commercial exploitation, editing, customisation or creation of derivative works) (whether in accordance with these Terms or otherwise).

  • Order process

    1. All orders that you place on this Website will be subject to acceptance in accordance with these Terms.

    2. The confirmation stage sets out the final details of your order. Following this, you shall be sent an order confirmation email detailing the Product you have ordered.

    3. Acceptance of your order and the completion of the contract between you and us will take place on your receipt of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it. See Refunds and Cancellations.

    4. You shall have the right to request a refund. Your consumer rights are not affected.

    5. We do not file details of your order for you to subsequently access direct on this Website if you do not have a valid InstruDef account. If you do have a valid InstruDef account, we cannot guarantee that we have details of your order filed for you to subsequently access direct on this Website. Therefore, please print out these Terms and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us using our Contact page and use “Previous Orders” as the subject.

  • Payment

    1. We cannot guarantee that we accept your preferred method of payment.

    2. We are not responsible for the operation of the payment systems that we use on our Website. InstruDef is hosted by Squarespace who provide our shopping cart, and our payment systems are operated by a third party. We cannot accept responsibility or liability for any malfunction or unavailability of the shopping cart. If your credit or debit card is refused, please try to pay again with a different card if you have one. To find out why your card was refused in the first place, contact your bank.

    3. We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details. Additional terms and conditions for payments made by Paypal can be found at www.paypal.co.uk.

    4. To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Note that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with relevant data protection laws.

    5. If we discover an error in the price of Products ordered, we will inform you as soon as possible (e.g. prior to the Products being delivered). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the Products you will receive a full refund.

    6. Ownership of any Products you order on this Website shall pass to you on your receipt of the Products provided that we have processed and received payment in full for the Products.

    7. All prices on the Website are shown in pounds sterling (£) and include VAT (where applicable) at the applicable current rates.

    8. The price of products can be changed more than once. By 'original price' we mean the original price displayed online on this Website.

    9. All Products must be paid for by an adult aged 18 years or over.

  • Discount Codes

    1. A Public Discount Code (“PDC”) is a discount code posted by us on this Website or on our social media accounts. The period during which a PDC can be Used shall be specified when and where it is posted, along with the discount value. A PDC can only be Used once per email address.

    2. A Unique Discount Code (“UDC”) is a discount code issued to and exclusively for Use by the individual specified in the Email containing the UDC. A UDC is exclusive to the individual named in the Email containing the UDC and is non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding - or become aware of - any misuse then you must inform us immediately. You may not share a UDC in any way. A UDC may offer anywhere between a 5% and a 100% discount on your whole transaction on this site. The discount value shall be specified in the Email containing the UDC. If anyone other than the person named in the Email containing the UDC attempts to Use the UDC, we reserve the right to cancel their order or they may be charged full price.. When placing an order with a UDC, you must Use the email address to which the UDC was sent, otherwise the order may be cancelled. A UDC can only be Used once per email address.

    3. An Email Discount Code (“EDC”) is a discount code sent by us to our mailing list subscribers via Email. The period during which an EDC can be Used shall be specified when the EDC is Emailed, along with the discount value. You may not share an EDC with any non-subscriber. If a non-subscriber attempts to Use an EDC, we reserve the right to cancel their order. When placing an order with an EDC, you must Use the email address with which you are subscribed to the mailing list, otherwise the order may be cancelled or you may be charged full price.

    4. A Supporter Discount Code (“SDC”) is a discount code granted to Patreon patrons (“Patron”, “Patrons”) as a reward. It is issued weekly to Patrons via Patreon and is exclusively for use by Patrons in the tier to which it has been posted on Patreon. An SDC is non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding - or become aware of - any misuse then you must inform us immediately. You may not share an SDC in any way. An SDC will usually be valid for one week. The expiration date of an SDC will be posted along with the SDC when and where it is posted. The discount value shall be specified in the post containing the SDC. Non-Patrons may not use an SDC. Patrons may use an SDC any time that they are a Patron, providing that the SDC is for the tier to which they are subscribed at the time of SDC use. If anyone not authorised to use an SDC according to these Terms attempts to do so, we reserve the right to cancel their order. When placing an order with an SDC, you must Use the email address you use for your Patreon subscription, otherwise the order may be cancelled or you may be charged full price.

    5. Discount codes (PDCs, UDCs, EDCs, SDCs) may be withdrawn at our sole discretion and we accept no liability to you in the case of withdrawal of discount codes.

  • Delivery

    1. Delivery of Physical Products is via post to the delivery address that you provide during the order process. Fulfilment and shipping are done by Spod and Spring, third-party companies for which we cannot take any responsibility and cannot be held liable . We shall be under no liability for any delay or failure to deliver Physical Products, nor can we give an estimated delivery timescale.

    2. If shipping is not available to your location or there is an issue with the fulfilment of a Physical Product delivery, you must contact Spod or Spring respectively.

    3. We cannot accept responsibility for damage caused to Physical Products during shipping. Responsibility for damage caused to Physical Products during shipping shall be with Spod or Spring respectively. Notwithstanding, if your Physical Products are damaged during shipping, please contact us via email at instrumentallydeficient@gmail.com and use “Shipping Damage” as the subject. Please provide a full description and photographic evidence of the damage. Please also see Refunds and Cancellations below.

    4. Delivery of Digital Products is via Email to the email address that you provide during the order process. You shall receive an automated Email containing the Digital Product. The Email shall contain a link. Once that link is clicked, the download is available for 24 hours. If you attempt to download the link again, a new Email shall be sent containing a new link. Please only open the link within 24 hours of needing the download.

    5. Risk of loss and damage of Products passes to you at the time and date when the Products are delivered to the delivery address or Emailed to the email address that you provide during the order process.

  • Patreon Subscriptions

    1. We are not responsible for Patreon’s policies, terms, conditions, nor the implementation thereof. See Miscellaneous Provisions.

    2. If you cancel your subscription to my Patreon, your access to all of the rewards that I offer shall cease.

    3. You may not share Patron-only content, which includes but is not limited to SDCs, art, music releases, early access to public content, and Patron-only videos, with non-Patrons. Doing so may result in your removal from my Patreon subscribers.

    4. If prices of Patreon tiers are to change, I shall notify you at least 31 days in advance. If certain rewards are to cease, I shall notify you at least 31 days in advance.

    5. For rewards that are provided after a specified number of months, continuous membership is required. If you cancel your patronage or it is suspended, any future patronage shall start again from zero months.

    6. Access to the private Facebook group and/or Discord server may be suspended or revoked at any time if a member is deemed by us to have breached our community guidelines. The guidelines state that:

    - members must not engage in behaviour that discriminates based on protected characteristics as defined by the Equality Act 2010. These are: age, gender, race, disability, religion or belief, sexual orientation, gender reassignment, marriage or civil partnerships, pregnancy or maternity;

    - members must not act in an aggressive or antagonising manner;

    - members must behave in a polite and respectful manner; and

    - members must not use language that is likely to cause offence to others.

    Depending on the breach that we deem to have taken place, a warning may be issued to the member deemed to have breached the guidelines. If the member is deemed to have committed further breaches, a suspension or revocation of their access may be issued.

    7. As a Patron you acknowledge that I may not be able to keep to an exact schedule for posting or delivering content. If you are dissatisfied with any unreasonable delay of content, please contact me.

  • Refunds and Cancellations

    1. Please check your Products once you receive them. We offer a 30-day money back guarantee on faulty Digital Products. We might need you to prove that the Product was faulty at the time it was delivered to you. Please also see Delivery. We will return the Product cost onto the original payment method. If you are not able to download a Digital Product, we will refund the money Used to purchase that Product, provided that you can prove that you have been unable to download the Product successfully. Unless faulty, Digital Products will not be refunded if more than 7 days from the original date of purchase have passed.

    2. Please check your Physical Products once you receive them. Our Physical Products are provided by SPOD and Spring, third-party companies. You can find their returns policies at their websites. We cannot be held responsible for faulty, damaged or incorrect Physical Products.

    3. For refunds you’ll need your proof of purchase. Proof of purchase includes either your confirmation Email or your e-receipt. If you can’t find one of these, we should still be able to arrange your refund if you have your card/bank statement and the email address you Used to buy your Product.

    4. All refunds should be processed within 2 working days. It may take a further 5 to 7 days for your bank to process the money back to your account.

    5. If you are seeking a refund on special offer/discounted Products we’ll have to take it off the refund amount. For example, if you bought two Products costing £1 each on a buy 2 for £1.50 offer and only seek a refund on one, we’ll charge you £1 for the one you kept and refund you £0.50.

    6. Please note that during the refund process, we might ask for an order number, to check the Product was actually supplied by us.

    7. Please note that during the refund process on Digital Products, you will need to prove that neither you nor anyone else possess any copies of the Digital Product that you are seeking a refund on.

    8. As we use a third-party provider for Physical Products, we cannot take responsibility for making sure that sizes and measurements are accurate.

    9. You may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations. If you wish to cancel your order, please let us know.

    10. We cannot refund donations.

    11. Your consumer rights are not affected.

  • Intellectual Property

    1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials shall remain at all times vested in us or our licensors. Materials (“Materials”) are materials and/or content made available as part of your Use of this Website, excluding any Products, any Content and/or any Media. You are permitted to Use these Materials only as expressly authorised by us or our licensors. The trademarks, services and logos used and displayed in InstrumentallyDeficient.com are registered and unregistered trademarks of InstruDef, its subsidiaries and affiliates. Our trademarks may only be used publicly with our permission, with proper acknowledgement. Except as expressly granted us, we do not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

    2. You acknowledge and agree that the Materials contained within this Website are made available for your personal non-commercial use only and that you may only download such Materials for the purpose of Using this Website. You further acknowledge that any other use of the Materials of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such Materials.

    3. You acknowledge and agree that any Product contained within our Services is made available for your individual non-commercial purchase only and are made available on a one-person, non-exclusive, non-transferable basis. Digital Products are not offered on a royalty-free basis (see Authorised and Unauthorised Use of Media). You further acknowledge and agree that you may only download a Digital Product and any Content therein when you have received an Email from us containing the Digital Product and only when we have received your payment in full for the Digital Product. You further acknowledge that any other use of the Digital Products and any Content therein is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, edit, customise or create derivative works of Products nor any Content therein.

    4. A creator (“Creator”) is the exclusive copyright holder and owns all proprietary rights on any Content within a Product and on the Product itself. The Creator has copyright on the original Content and any copies or derivatives thereof under applicable copyright laws. The copyright holder shall be identified in the Product information or metadata. The copyright holder shall also be identified on the Product when it is delivered to you. In accordance with this Intellectual Property the copyright identification on the Product may only be removed by an authorised representative of InstruDef. In accordance with this Intellectual Property an order number on a Product may only be removed by an authorised representative of InstruDef. All rights, including title and copyright, in and to the Products, shall be retained by the Creator, unless otherwise explicitly mentioned by the license agreement. The Creator is the sole holder of all exclusive rights to their Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a person other than the Creator as the exclusive rights holder. Where a Media has no obvious proprietary marking that indicates an exclusive owner, we cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.

    5. Possession of any Products you order on this Website shall pass to you on your receipt of the Products provided that we have processed and received payment in full for the Products. You acknowledge and agree that a Product contains a copy of the original Content and that Content within Products belong exclusively to their Creator.

    6. If you become aware of any misuse of our Products or Content therein, you must inform us immediately.

    7. “Payment in full” shall be defined as paying the full price of the Product(s) as displayed on our Website. The only exceptions to this are where you Use a valid Discount Code, in which you shall be required to pay the remainder of the price not covered by the respective Discount Code. For example, if the price displayed on our Website is £1, “payment in full” shall be £1, however if you Use a valid Discount Code worth 10%, “payment in full” shall be £0.90.

    8. Buying a Product does not transfer the copyright. You may not claim that the Content therein is your own and you may not sell, license for use, or in any way distribute a Product or Content therein for reuse except in accordance with these Terms.

    9. If the Product that you purchased from us or the Content therein is copied, reproduced, transmitted, published, displayed, distributed, commercially exploited, edited, customised or a derivative work(s) is created by any person including you as a result of your contravention of these Terms, you will be held liable and financial penalty as described in these Terms shall be held against you and you shall be responsible for the payment of such penalty in full.

    10. Full credit must be given to the Creator (who holds full copyright and title) when using (copying, reproducing, transmitting, publishing, displaying, distributing, commercially exploiting, editing, customising, or creating derivative works of it) Products or the Content therein, whether in accordance with these Terms or otherwise. Failure to do so will be in contravention of these Terms, including but not limited to Intellectual Property and Miscellaneous Provisions.

    11. We make reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the UK and international market. We do our best to identify and solve any copyright or trademark infringements. If you have found a Media that represents such an infringement please notify us, in order that we may take the appropriate measures.

  • Authorised and Unauthorised Use of Media

    1. Without limitation, Media may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.

    2. Unauthorised use of these Media constitutes copyright infringement and shall entitle us to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of our rights or remedies in connection with any unauthorized use.

    3. None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without our separate, prior, express written consent.

    4. Full credit must be given to the Creator (who holds full copyright and title) wherever a Media is used (copied, reproduced, transmitted, published, displayed, distributed, commercially exploited, edited, customised, or derivative works created of it), whether in accordance with these Terms or otherwise.

  • Model and Property Releases

    1. With respect to Products, the rights that we grant to you do not include a license to any person, place, property, or subject matter depicted in a Product, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. We make no representations or warranties that it owns or licenses any rights nor do we grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Product. Furthermore, we make no representation or warranty as to the accuracy of any information provided with the Product. You are solely responsible for determining whether your use of any Product requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by us. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

  • User Accounts

    1. Certain Website Services will require registration for an InstruDef account (“Account”) and subsequent access to those Services will be subject to an approved login name and password (“Password Details”). You agree to provide complete, true and accurate information on this Website. You agree to access the authorized sections of the Website and your Account only by using your Password Details. By creating an Account or otherwise using our Website, you demonstrate your acceptance of these Terms.

    2. Children (persons under the age of 18) are not eligible to Use this Website unsupervised and children may not register for, nor access an Account. Children may not make purchases on this Website. By Using this Website unsupervised, and/or registering for an Account, and/or making a purchase on this Website, you warrant that you are 18 years of age or older.

    3. All Password Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. You are responsible for maintaining the confidentiality of your Password Details, if applicable, and you shall neither distribute these Password Details nor allow others to use these Password Details to gain access to this Website including your Account. We reserve the right to withdraw your Password Details and terminate your Account if it is deemed that you have shared your Password Details.

    4. You agree to take reasonable steps to prevent others from obtaining your Password Details and to notify us of any unauthorized access or need to update or remove access for you. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately.

    5. You shall be liable for payment for all Products downloaded by others Using your Account, with or without your permission or knowledge prior to the time that you notify us of any unauthorized Use.

    6. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any InstruDef Account or Website or related Services.

    7. At any time, you may request your Account access to be restricted, but we reserve the right to delay your request until all requirements of these Terms are met. Only Accounts without any activity related to the Website’s Services or Products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these Accounts is limited and provided only to administrative staff, for legal purposes.

  • Liability and Indemnity

    1. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

    2. We provide this Website and Products to you on an as is basis. Subject to part 1 of Liability and Indemnity, InstruDef will use reasonable endeavours to verify the accuracy of any information on this Website but makes no representation or warranty of any kind, express or implied, statutory or otherwise, regarding Products, the contents or availability of this Website or that it will be timely, uninterrupted or error-free, that defects will be corrected, the accuracy of any information, that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. InstruDef will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and InstruDef accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this Website. Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors.

    3. Subject to part 1 of Liability and Indemnity, we make no representation or warranty of any kind, express or implied, statutory or otherwise regarding any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or noninfringement. Neither we nor any affiliates or members shall be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the Products, whether framed as a breach of warranty of merchantability or fitness for a particular purpose or noninfringement, upon any legal theory, in tort, contract, failure of essential purpose, or otherwise.

    4. Subject to part 1 of Liability and Indemnity, other than as expressly provided in these Terms with respect to specific Products and except for the exclusive remedies set out in Refunds and Cancellations, any indemnities, warranties, Terms (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

    5. Subject to part 1 of Liability and Indemnity, InstruDef will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms for any:

    - economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

    - loss of goodwill or reputation; or

    - loss of privacy and loss of data; or

    - special or indirect losses

    suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.

    6. Notwithstanding the above, subject to part 1 of Liability and Indemnity the aggregate liability of InstruDef (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same clause.

    7. This Liability and Indemnity does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

    8. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

    9. You agree to indemnify, defend, and hold harmless us against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of these Terms, the Use of this Website, your failure to abide by any restriction regarding the use of a Product, or any claim by a third party related to the use of a Product, alone or in combination with any other material.

    10. You agree that neither InstruDef nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Website, Services, Content, Media or Products.

  • Miscellaneous Provisions

    1. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. See Arbitration.

    2. Our Products are for personal use only. You may not use them for business purposes and we do not accept liability in any way to business users arising out of or in connection with the Products.

    3. InstruDef shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

    4. To provide increased value to you, we may provide links to other resources for you to access at your sole discretion. Resources (“Resources”) are websites or resources that we provide links to. You acknowledge and agree that, as you have chosen to enter the Resources we are not responsible for the availability of such Resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such Resources, (ii) the terms and conditions or other policies of such Resources, (iii) the practices of such Resources, (iv) the content of such Resources, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such Resources or (v) the use to which others make of these Resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such Resources.

    5. We may rely upon external sources which may include their websites or applications in order to provide our Services to you. External sources (“Externals”) are external companies, businesses or individuals not affiliated with InstruDef. We do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such Externals, (ii) the terms and conditions or other policies of such Externals, (iii) the practices of such Externals, (iv) the content of such Externals or their websites or applications including (without limitation) any advertising, content, products, goods or other materials or services on or available from such Externals or their websites or applications or (v) the use to which others make of these Externals, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available from such Externals or their websites or applications.

    6. You may not assign or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party unless agreed upon in writing by InstruDef.

    7. InstruDef reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party.

    8. If any portion or section of these Terms is found or held by any competent authority to be invalid or unenforceable in whole or in part, wherever possible the validity or enforceability of the other portions, sections or parts of these Terms shall not be affected and each shall remain in full force and effect.

    9. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: a) InstruDef shall have the right to enforce any rights or benefits under these Terms; b) InstruDef shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these Terms; c) a person who is a permitted successor or assignee under part 9 of Miscellaneous Provisions of the rights or benefits of these Terms may enforce such rights or benefits; d) No consent from the persons referred to in part 9 of Miscellaneous Provisions is required for the parties to vary or rescind these Terms (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

    10. No delay or failure by InstruDef to exercise any powers, rights or remedies under these Terms, nor any action by InstruDef will operate as nor be construed as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be expressly given in writing and signed by an authorised representative of InstruDef.

    11. These Terms including the documents or other sources referred to in the Terms supersede all prior representations, understandings and agreements between you and InstruDef relating to the Use of this Website (including the order of Products) and sets forth the entire agreement and understanding between you and InstruDef for your Use of this Website.

    12. It is your responsibility to comply with our Terms when Using our Services. Any contravention on your part will mean that you may be liable to a fine. We reserve the right to fine you £1000 GBP for each of your contraventions of Intellectual Property and to take reasonable steps within English law to recover any outstanding fines that you owe us.

    13. Any copies of a Product being made in contravention of these Terms shall make the person or persons responsible each liable to a fine of £1000 GBP for each copy of a Product in contravention of these Terms that they are responsible for and we reserve the right to enforce this fine and to take reasonable steps within English law to recover any outstanding fines that are owed to us.

    14. If any copy of a Product or the Content therein is found on a website and is in contravention of Intellectual Property, and in addition to part 12 of Miscellaneous Provisions, the website shall be fined £1000 GBP for every day that the Content is present (one day shall be counted at midnight, Greenwich Mean Time). We shall require evidence of the removal of the Content from said website.

    15. We reserve the right to revoke your authorization to view, download and Use the Media and information available on this Website at any time, and you agree to immediately discontinue your such Use upon written notice from us. Your Use of this Website and any Media shall comply with all applicable laws as well as these Terms. We may restrict or remove your access to this Website at any time, or restrict or remove your Use of any Media for any reason, and you agree to immediately discontinue all Use of the Media upon notification from us.

    16. We may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of these Terms. If a license is revoked, you agree to immediately stop Using this Website and the Media, and to delete and destroy all copies of Media that you possess.

    17. We reserve the right to take any actions that we deem necessary to protect our rights, all rights of which are specifically reserved. All rights not specifically granted under these Terms are reserved to InstruDef.

    18. We do not allow the use of automated software or other crawling techniques for searching our Website and/or retrieving Media or related information.

  • Offensive Content

    1. This site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive.

  • Destinations by Stephen

    1. Further to Miscellaneous Provisions, we provide links to the social media, websites, booking portals and contact information of Destinations by Stephen for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of the linked content, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the terms and conditions, policies, nor practices of Destinations by Stephen, Evolution Travel LLC, or Archer Travel Service, Inc. (collectively "Travel Agents"), (ii) the content of links, including (without limitation) any advertising, content, products, goods or other materials or services on or available from or through such links or (iii) the use to which others make of these links or linked content, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available through such links. See Miscellaneous Provisions.

    2. We are not affiliated with Travel Agents. We are not responsible for the accuracy of information provided on our Website or our Services or anywhere else regarding Travel Agents. We are neither responsible nor liable nor accountable for the accuracy of information provided by Travel Agents, nor the availability, any content, offers or otherwise of Travel Agents, nor of any of the services that Travel Agents use. Nothing contained on this Website or our Services or anywhere else shall constitute any legal responsibility, liability or accountability for Travel Agents or for any of the services that they use or for your use of their services or any interaction you have with them.

    3. We cannot make any guarantee that Destinations by Stephen, Evolution Travel LLC, or Archer Travel Service, Inc. will be available at any given time or that their services will be functional at any given time. Prices and availability of services and options are subject to change.

    4. Destinations by Stephen is an Independent Travel Agent with Archer Travel Service, Inc. (California Seller of Travel 2001330-10; Florida Registration 35395, Hawaii TAR-6612).

    5. Evolution Travel LLC is based at 6671 Las Vegas Boulevard South, Suite D-210, Las Vegas, Nevada, 89119, United States of America.

    6. Archer Travel Group, Inc. is based at 2941 Foothill Boulevard, La Crescenta, California, 91214, United States of America.

  • Arbitration

    1. All Disputes (including any dispute relating to the arbitrability of these Terms or any provision of these Terms or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of England, in accordance with its commercial arbitration rules and applying the laws in effect in England, United Kingdom. The term “Dispute” means any controversy or claim arising out of or relating to our Website, the services offered through the Website, or these Terms, or any breach thereof, including any claim that these Terms, or any part of these Terms is invalid, illegal or otherwise voidable or void.

    2. The provisions of Arbitration must be construed as independent of any other covenant or provision of these Terms; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.

    3. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and InstruDef hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.

    4. This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of these Terms. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.

    5. Arbitration will take place in England, United Kingdom exclusively.

    6. You and InstruDef hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from these Terms or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.

    7. The obligation to arbitrate is not binding upon us with respect to claims relating to our trademarks, service marks, patents, copyrights, or other intellectual property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.

    8. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator`s fees, attorneys` fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.

    9. You and InstruDef each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties` individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.

  • GDPR & Data Protection Act 2018

    1. Data protection law controls how your personal data is used by organisations, businesses and the government. Everyone responsible for using personal data (a "Data Controller") has to follow strict rules called 'data protection principles'. As a general rule, we will be the Data Controller of any personal data you have provided to us. As a Data Controller, we must make sure the personal data we hold is:

    - used fairly and lawfully;

    - used for limited, specifically-stated purposes;

    - used in a way that is adequate, relevant and not excessive;

    - accurate;

    - kept for no longer than is absolutely necessary;

    - kept safe and secure.

    2. The General Data Protection Regulation ("GDPR") is the biggest change to European data protection law in 20 years and came fully into force from 25 May 2018. This piece of legislation builds on existing data protection rules by giving additional rights to individuals and placing stricter controls on companies and other bodies in relation to how they can use personal data. GDPR will apply to any personal data held or processed by companies or other bodies who are based within the EU, or who process personal data relating to people who live within the EU.

    3. GDPR is complemented in UK law by the Data Protection Act 2018 (“DPA18”).

    4. For more information please visit the UK Information Commissioner's Office website. If you are based in the Republic of Ireland, please visit the ROI Data Protection Commissioner website.

    5. Under GDPR, we are obligated to appoint a Data Protection Officer. This is someone who has responsibility for ensuring that we are compliant with data protection law. Our Data Protection Officer is accountable directly to the regulator, the Information Commissioner's Office (ICO), to evidence our compliance with the legislation.

    6. To ensure that we are compliant with GDPR/DPA18, we have reviewed, and made changes (where appropriate) to:

    - all of our Terms, including our Privacy Policy;

    - the ways in which we communicate with you (e.g. via Email, post);

    - how we keep your personal data secure;

    - how we can limit the processing of your personal data where possible;

    - how much of your personal data we keep and for how long;

    - how any third parties handle your personal data and what measures they have in place to keep it safe; and

    - all of our internal processes and procedures which impact on personal data, to ensure that we are able to fulfil all of your rights under GDPR/DPA18;

    7. The following are all covered in our Privacy Policy:

    - How we safeguard your data;

    - How we use your personal information in terms of marketing;

    - How we use your personal information in terms of profiling; and

    - Who we share your personal data with and why.

    8. A Data Subject Access Request (DSAR) allows individuals to obtain access to the personal data that organisations hold about them. You may ask us for a copy of the personal data we hold about you. We don't charge for providing a copy of this personal data. You can ask for a copy of your personal data as a DSAR by sending a letter to us at InstruDef Studios Ltd, 16 Norfolk Avenue, Grassmoor, United Kingdom, S42 5DZ. We will then send you a Data Request form to complete and return back to us along with proof of identity. For security reasons, we don't accept Data Request forms by email. Before we can send you a copy of the personal data we hold about you, we need to confirm your identity. This allows us to protect our customers' confidentiality and prevents personal data falling into the wrong hands. In order to confirm your identity for the purpose of fulfilling your DSAR, we may ask you to send us copies of identification documents, such as your passport or utility bills.

    9. You will receive a response within 30 calendar days. If it will take us longer than this to provide you with the personal data you have requested, we have a further 60 days to fulfil your request. If we require this time, we will let you know. We will try to give you your personal data in any reasonable format you may request. When you make a DSAR request, you should tell us how to send the requested personal data back to you. For example, if you want it sent by post, or if you need it to be in braille or larger print. We'll get back to you using the same method that you used to make your request. For example, if you posted a letter to us and didn't tell us how to reply, we'll pop your reply in the post. It is possible for us to deliver your personal data:

    - By post: we will send the copy of your personal data to the address we have for you in our records. Therefore, please let us know if this has changed recently, so that we may update your details and ensure that your personal data is sent to the correct address;

    - By Email: we will securely send the copy of your personal data to the email address you have provided us with on your Data Request form.

    10. A Data Portability Request is a new right under the GDPR/DPA18. It allows individuals to obtain copies of certain personal data that the individual has provided to a data controller in a structured, commonly used and machine-readable format and to reuse it for their own purposes. Individuals are free to either store the data for personal use or to transmit it to another service provider. A portability request is likely to return a narrower band of information than a Data Subject Access Request would. A portability request will consist of customer details captured during the InstruDef account process, including account details (e.g. payment and billing information, contact information), any subsequent rectifications, order details.

    11. We can't check if data held by another company contains any unsecure content before opening the file and therefore we do not currently accept transfers. We have a responsibility to keep the personal data we hold safe and secure, so any files sent to us with an attachment, will be returned unopened to the sender and then deleted.

    12. If you ask us to port your personal data to another company, we will provide you with the data to send on yourself. To ask for your data to be ported, you can send a letter to us at InstruDef Studios Ltd, 16 Norfolk Avenue, Grassmoor, United Kingdom, S42 5DZ. For security reasons, we don't accept Data Portability Request forms by email. Before we can send you a copy of the personal data we hold about you, we need to confirm your identity. This allows us to protect our customers' confidentiality and prevents personal data falling into the wrong hands. In order to confirm your identity for the purpose of fulfilling your data portability request, we may ask you to send us copies of identification documents, such as your passport or utility bills.

    13. You will receive a response to your Data Portability Request within 30 calendar days. If it will take us longer than this to provide you with the personal data you have requested, we have a further 60 days to fulfil your request. If we require this time, we will let you know. We cannot post your ported data to you. Ported data must be electronic and in machine readable format, like an Excel spreadsheet or a CSV file. We don't charge for providing a copy of this personal data.

    14. The ‘right to be forgotten’ means you may ask us to delete the personal data we hold about you under certain circumstances. You may want to stop this data being processed where it's no longer relevant or appropriate. However, this isn't an absolute right as there are exemptions that apply. For example, where we're obliged to keep copies of your data by law or for regulatory purposes for a certain period of time, we will not delete this data until the relevant period is over. If you have a specific question around our retention policies, please contact us using our Contact page and use “Data Retention” as the subject.

    15. We are generally required by law to hold your data for 7 years following the end of our relationship with you. There are instances where we are required to hold data for longer and for shorter periods of time, which is in line with all relevant statutory requirements. We will never keep your data unless it is necessary to do so but we cannot delete your data while you hold a InstruDef account with us (or during the relevant retention period) without breaking the law.

    16. Some exemptions do apply to the 'Right to be Forgotten'. These include:

    - if and where you have an active InstruDef account with us;

    - where we have any legal basis for holding the data;

    - where there are other legal or regulatory obligations that we must comply with; and

    - where data has not yet been retained for the specific periods of time required by law.

    17. We are governed and regulated by regulatory bodies and we must comply with various laws, some of which require us to keep records of our business activities, including our dealings with you, for certain periods. We have a data retention schedule which is compliant with all relevant laws, regulations and codes of conduct. This means we won't delete data when a customer asks if we're still required by law to keep it. However, we may anonymise this data in such a way that it cannot be tied back to the specific data subject.

    18. We delete all personal data we hold at the end of the relevant retention period, unless there is an additional reason we need to hold the information, such as where you have made a portability or data subject access request. Many of these periods begin on the date a product is delivered. This means we won't action your request to be forgotten until the end of the relevant retention period. You'd need to close your InstruDef account to allow us to do this.

    19. The timelines differ depending on the type of Product(s) you purchase or the Service you Use and are based on the specific regulations which apply to those products and Services. We have a process in place to delete any data from our systems which we are no longer obliged to keep.

    20. If you're unhappy with the way we respond to any of your requests, you may make a complaint to us by using our Contact page and using “Data Request Complaint” as the subject. You also have the right to lodge a complaint with the UK regulator, the Information Commissioner. Go to ico.org.uk/concerns to find out more.

    21. The Right to Data Rectification is a right which allows you to ask us to make changes to your personal data to ensure that it is accurate. You can write to us or update your details by logging into your InstruDef account. If you have one, you can log in to your InstruDef account to update your email address, your home address and your contact number. We don't charge for correcting personal data held.

    22. The ‘right to restrict processing’ is a very limited right, which applies in restricted circumstances. Usually a 'request for restriction' will only be for a short period of time whilst we are looking into something, investigating an issue relating to your personal data or are amending any incorrect or inaccurate personal data we hold about you. When processing is restricted, it means we can store your personal data but not process it. As we do not have the ability to store your personal data but not process it, if you wish to exercise this right, then you will need to close your InstruDef account. If you ask us to stop processing the personal data we hold about you for the purpose of automated decisions about you we will have to close your InstruDef account.

    23. You can object to your personal data being used for profiling and marketing purposes. If you want to exercise this right, we will stop sending marketing to you and we will stop using your personal data for profiling purposes. Please note that once you opt out of marketing, we'll stop sending you marketing Emails or Messages but we'll still contact you with service-related Emails or Messages every now and then.

    24. You can contact us using our Contact page to let us know you'd prefer not to receive marketing from us. Please use "Marketing Preferences" as the subject. As soon as you tell us, we'll take action to ensure you are opted out of all our marketing. As soon as you indicate that you'd prefer not to receive our marketing, we'll take action to ensure you are opted out. However, please note that some marketing material may already be in production and we won't be able to stop this. We will do this as quickly as possible, but it could take up to 8 weeks to update all our systems, which is in line with guidelines from the UK regulator, the Information Commissioner's Office (ICO). We don't provide a marketing channel preference selection facility, so a request of this kind will mean that you will stop receiving all marketing from us. If you want to check your marketing permission status or would like to start receiving marketing again, you can do this by contacting us using our Contact page and using "Marketing Status" as the subject.

    25. 'Sensitive personal data' is any data which falls into one of the following categories:

    - racial or ethnic origin;

    - political opinions;

    - religious or philosophical beliefs;

    - trade union membership;

    - genetic data;

    - biometric data;

    - health data; or

    - data relating to a person's sex life or sexual orientation.

    26. Sensitive personal data is known as 'Special Categories of Data' under data protection law. This kind of personal data is subject to tighter controls than other types of personal data and we have specific controls in place to protect any sensitive personal data we may hold about you. Data relating to criminal convictions is treated separately under data protection law but our sensitive data controls also apply to this type of data. We only process sensitive personal data if and where it is necessary to support us in providing you with the best service. If you want to withdraw your consent to the processing of any sensitive personal data we hold about you, we may have to close your InstruDef account.

    27. We do not knowingly collect nor store nor process sensitive personal data as defined in part 25 of GDPR & Data Protection Act 2018. Neither the collection, storage, nor processing of such sensitive personal data is required for us to provide you with our Services.

  • The InstruDef Website is operated by:

    InstruDef Studios Ltd
    16 Norfolk Avenue
    Grassmoor
    Derbyshire
    United Kingdom
    S42 5DZ

    We recommend you print out a copy of these Terms for future reference. If you have any questions regarding the InstruDef Website, please contact us using our Contact page and use “General Enquiry” as the subject.

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Destinations by Stephen is an Independent Travel Agent with Archer Travel Service, Inc. (CA 2001330-10; FL 35395; HI TAR-6612; WA 603352551). See Terms.