MUSIC TCHR STUDENT TERMS & CONDITIONS
Welcome to Music TCHR. We are Music Teacher Ltd., a company registered in England under number 13108309) with our registered office address at Trevear House, Old County Court, Alverton Terrace, Penzance, Cornwall TR18 4GH, England (“Music TCHR”).
These are our Student Terms which govern your use of MusicTCHR and our Site.
You can find the meaning of defined terms (capitalised words) at the end of these Student Terms.
- STUDENT MEMBERSHIP
- All Membership applications are subject to acceptance by Music TCHR at its sole discretion. Applicants shall receive a notification from Music TCHR once their Membership application has been accepted. Music TCHR is under no duty to disclose its reasons for rejecting any Membership application.
- You are obliged to provide correct personal details when you apply for Membership. If you are under 18 years old, you must satisfy our age-verification and applicable parental consent requirements. Your failure to do so will invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Music TCHR promptly in the event that any information provided by you in connection with your Membership changes. By applying for MusicTCHR Membership, you are making an offer to Music TCHR which, once accepted by us, will result in a legally binding contract.
- Your Membership is personal to you. You are responsible for ensuring that no one else uses your Membership.
- Access to and use of your Membership is through a combination of email address and password. You are solely responsible for maintaining the confidentiality of your email and password and you agree to notify Music TCHR immediately if you believe that there has been any breach of security, including the unauthorised use of your email and password.
- Music TCHR reserves the absolute right to cancel or suspend your Membership where it has reason to do so without liability to you.
- We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the Music TCHR Privacy Notice, further details of which can be found here.
- SUPPLY OF SERVICES
- Music TCHR shall supply the Services to the Student during the Membership, subject to any additional terms of supply, including promotion by us from time to time of Teachers offering six of more block sessions of Teacher Content at a discount of at least 10% of the standard single lesson Price.
- Music TCHR shall have the right to make any changes to the Services and Music TCHR may notify its Membership in any such event.
- Your use of MusicTCHR may be monitored or recorded for security, dispute resolution and quality control purposes in accordance with our Privacy Notice.
- From time to time we may offer Paid For Events and additional services on MusicTCHR. The terms and conditions for access to Paid For Events and additional services shall be in addition to these Student Terms.
- Music TCHR shall provide the Services using reasonable care and skill and, as far as reasonably possible. Our Services may be interrupted, including for maintenance, upgrades or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
- TEACHERS & PAYMENT
- Teachers are responsible for providing you with the Teacher Content you Request from time to time. Music TCHR may communicate with Teachers on your behalf from time to time, but it will usually be more appropriate for you to contact the Teacher directly.
- Teachers may impose their own terms on Students, including the Price of Teacher Content, which, in every case apply to the supply of Teacher Content by that Teacher to you on a Request by Request basis, and such terms shall be binding upon when you agree Teacher Content with a Teacher.
- You will pay for Teacher Content via MusicTCHR at the time your Request is accepted by a Teacher.
- You will use all efforts to resolve any disagreement you have with a Teacher in the first instance. If you are unable to resolve the disagreement to your mutual satisfaction, you may refer the matter to us at firstname.lastname@example.org and we will seek to act as an intermediary and final arbitrator between you and the Teacher to resolve the matter to a final determination. This does not affect your legal rights.
- USING OUR SERVICES
4.1 You must use our Services according to our Terms and posted policies, including the Student Code of Conduct. If we disable your account for a violation of our Terms, you will not create another account without our permission.
4.2 You are responsible for complying with any and all laws, rules, and regulations relating to your use of the Services.
4.3 You agree that you will treat the Teachers with respect and not use obscenities, make threats, or discuss matters other than those directly related to the Teacher Content, nor will you share Teacher Content and/or a Teacher’s personal data publicly, including via any social media unless you have first received that Teacher’s consent in writing.
4.4 Save for where it may be deemed necessary, you agree that you will not disclose any information to a Teacher that could be considered personal data, beyond what is required for the Services or to make a Request, including your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate you.
4.5 You agree that you will not solicit any such information from any Teacher, and agree that if any Teacher ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you will immediately report this to us at email@example.com.
4.6 You shall not, without the prior written consent of Music TCHR, at any time from the date of commencement of these Student Terms to the expiry of six (6) months after termination of these Student Terms whereupon your Membership, account and MusicTCHR login are deactivated, solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Teacher introduced to you by Music TCHR.
4.7 A violation of this Agreement may lead to a suspension of your Membership and a termination of this Agreement.
4.8 You agree to use our Services only for legal, authorized, and acceptable purposes. When you make use of MusicTCHR you must comply with our reasonable directions, including in accordance with these Student Terms. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Music TCHR, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
4.9 You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Music TCHR, our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner.
4.10 We own all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission.
4.11 You may not use any Music TCHR song writing content (Content) for any purpose other than as part of receiving Teacher Content without our prior written approval, including:
(i) downloading or printing any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of Content; nor
(ii) reproducing, republishing, modifying, archiving, distributing, storing, or commercially exploiting Content without our prior written consent.
- WARRANTIES & LIMITATION OF LIABILITY
- You (or a Parent, where applicable) hereby warrant, represent and undertake to Music TCHR and the Teacher that You (or a Parent, where applicable):
5.1.1 are personally responsible for the information submitted throughout the sign-up and Membership process which you shall ensure remains accurate, true, up-to-date and complete at all times;
5.1.2 You will comply with all the Student obligations set out in the Terms;
5.1.3 Whilst this Agreement is in force you will only ever contact a Teacher via MusicTCHR;
5.1.4 You agree at all times to comply with the provisions of the Data Protection Laws;
5.1.5 You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;
5.1.6 You have read, understood and familiarised yourself with our safeguarding policies and procedures which can be accessed here in respect of child protection and online safety.
- You (or a Parent, where applicable) shall indemnify and hold harmless Music TCHR (and any Teacher as the case may be) on demand, and shall keep Music TCHR (and any Teacher) fully and effectively indemnified against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Music TCHR arising out of or in connection with arising out of or in connection with:
5.2.1 the Services;
5.2.2 any breach of these Student Terms or breach of obligation or warranty by you or the acts or omissions of you (other than and to the extent that any losses arise directly from breach of these Teacher Terms by Music TCHR or by Music TCHR‘s negligence); and
5.2.3 any and all claims, complaints or legal proceedings instigated by a Teacher against you.
- If Music TCHR's performance of any of its obligations under these Student Terms is prevented or delayed by any act or omission by the Student or failure by the Student to perform any relevant obligation (Member Default):
- Music TCHR shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Student remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays Music TCHR's performance of any of its obligations;
- Music TCHR shall not be liable for any costs or losses sustained or incurred by the Student arising directly or indirectly from Music TCHR's failure or delay to perform any of its obligations as set out in this clause 5.3; and
- the Student shall reimburse Music TCHR on written demand for any costs or losses sustained or incurred by Music TCHR arising directly or indirectly from the Member Default.
- Nothing in these Student Terms shall limit or exclude Music TCHR's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
- Subject to clause 5.4:
- Music TCHR shall not be liable to a Student, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
- Music TCHR's total liability to a Student in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1.
- Your contract for the supply of Teacher Content is made with the relevant Teacher only. Music TCHR acts as an agent for the Teacher and, unless expressly provided otherwise, all your rights and remedies are against the Teacher.
- You acknowledge that any contract entered into by you with any Teacher is an independent contract. Subject to clause 5.4, Music TCHR hereby disclaims any and all liability for any act or omission of any Teacher or any loss incurred by you as a result of any act or omission of a Teacher whether or not arranged through the Music TCHR and Music TCHR shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any Member Default.
- Music TCHR shall not be liable to you or be deemed to be in breach of these Student Terms by reason of any delay in performing, or any failure to perform, any of Music TCHR's obligations in relation to the Services, if the delay or failure was due to any cause beyond Music TCHR's reasonable control.
- Except as expressly set out in these Student Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Student Terms.
- This clause 5 shall survive termination of these Student Terms.
- COMMENCEMENT AND TERMINATION
- These Student Terms shall take effect and be binding upon the Student and Music Teacher Ltd. upon acceptance by Music TCHR of your Membership application. These Student Terms shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership. You agree that your only rights and remedies under these Student Terms shall be against Music Teacher Ltd. and no other entity or person.
- Privacy and Data Protection
- Assignment and subcontracting
- Music TCHR may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Student Terms and may subcontract or delegate in any manner any or all of its obligations under these Student Terms to any third party or agent.
- The Student shall not, without the prior written consent of Music TCHR, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Student Terms.
- A waiver of any right under these Student Terms is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Student Terms or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under these Student Terms are cumulative and do not exclude rights provided by law.
- If a court or any other competent authority finds that any provision of these Student Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Student Terms shall not be affected.
- If any invalid, unenforceable or illegal provision of these Student Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Music TCHR may vary these Student Terms from time to time and will notify you of any changes in a timely manner by posting an update on MusicTCHR or other notification from firstname.lastname@example.org Your continued use of your Membership constitutes acceptance of such variations to these Student Terms.
- No partnership
Nothing in these Student Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
- Third parties
A person who is not a party to these Student Terms shall not have any rights under or in connection with it.
- Governing law and jurisdiction
These Student Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
DEFINITIONS AND INTERPRETATION
In these Student Terms, the following definitions apply:
Content means Music TCHR song writing content provided to you as part of Teacher Content;
Data Protection Law means the UK Data Protection Act 2018 (“DPA 2018”), the UK GDPR as defined in DPA 2018 and related laws or regulations (collectively, the “UK GDPR”), the Privacy and Electronic Communications Regulations (EC Directive) 2003 (“PECR”) and any related data protection or privacy laws that may apply to either or both of the parties as amended from time to time. References to GDPR provisions shall be read to reference the equivalent UK GDPR provision, as amended;
Membership means membership of MusicTCHR either as a Student or as a Teacher as the case may be;
MusicTCHR means the platform and associated services available via the login portal at https://musictchr.crovv.com/login;
Paid For Events means unique events (such as live performances, masterclasses or similar) made available from time to time to our Membership via our Services access for which is subject to separate terms and conditions and the payment of a separate fee;
Parent means the birth parent of a person under the age of 18 and includes a guardian or other person having legal authority to consent on behalf of a person under the age of 18;
Price means the price a Teacher agrees with a Student to provide Teacher Content in response to a Request, to be determined on a Request by Request basis;
Request means a request placed by a Student directly with a Teacher for music tuition services, the supply of which services Music TCHR has facilitated on the Student's and the Teacher’s behalf;
Services means access to MusicTCHR, and services provided by Music Teacher Ltd.;
Student means you, a person accepted to and registered as a student user of MusicTCHR;
Student Terms these terms and conditions as amended from time to time in accordance with clause 7.5;
Teacher means a provider of Teacher Content made available via MusicTCHR to a Student and with whom a Student contracts directly for Teacher Content;
Teacher Content means the music tuition and associated services provided by a Teacher via our Services;
Terms means these Student Terms and all other terms and conditions governing the use of our Services;Site means the website loc