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Terms & Conditions

Music TCHR Website 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 terms and conditions which govern your use of the www.musictchr.com website (Site). These Terms apply regardless of how you access the Site and by accessing the Site you agree to be bound by these Terms.

We may change these Terms from time to time at our sole discretion and without your consent. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Please ensure that you review these terms and conditions regularly. If you no longer accept these Terms, or any future modification to these Terms, you must cease using the Site. Your continued use of the Site indicates your continued acceptance of these Terms.

You can find the meaning of defined terms (in bold) at the end of these Terms.

1. Registration for Membership

You may access the Membership registration area to apply to become a Student or a Teacher user of our Services. If you apply to become a Student and you are under 18, your Membership application must be supported by a Parent. Acceptance of your application to become a Student or a Teacher is at our sole discretion. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of our Services.

By applying to register via the Site for Membership, you agree that (i) your account and password are personal to you and may not be used by anyone else to access the Site; (ii) you will not do anything which would assist anyone who is not a Member to gain access to our Services; and (iii) you will not create registration accounts for the purpose of abusing the functionality of our Services, or other users,  nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others. We may refuse or remove or suspend your Membership at any time.

2. Termination of Membership

If you no longer wish to be have a Membership, you may terminate your account by contacting us. 

If, for any reason, we believe that you have not complied with these Terms we may at any time, at our sole discretion, cancel your Membership immediately and without prior notice and/or permanently or temporarily terminate, suspend or deny your access to our Services.

We may terminate your Membership, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Access and use of the Site

You may use the Site for personal use only. You acknowledge that, as between Music TCHR and you, Music TCHR  is the sole owner of all content on the  Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, and other intellectual property rights thereto, as well as  content  and all other text, images, graphics, logos, audio, video and other material appearing on the  Site. The Site and content are protected by copyright laws and other intellectual property laws of the United Kingdom.

 

You may only use our Site in a lawful manner:

  1. a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
  2. b) You must not use our Site in any way, or for any purpose, that is unlawful or fraudulent; and
  3. c) You must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

 

If you fail to comply with the provisions of this section 3, you will be in breach of these Terms and we  may take one or more of the following actions in response:

  1. i) Suspend or terminate your right to use our Services;
  2. ii) Issue you with a written warning;

iii)        Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

  1. iv) Take further legal action against you, as appropriate;
  2. v) Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  3. vi) Any other actions which we deem reasonably appropriate (and lawful).

 We hereby exclude any and all liability arising out of any actions that we may take (including, but not limited to those set out above in this section 3 in response to your breach.

At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property rights).

4. Exclusions and limitations of liability

Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

If you are a Teacher (i.e. you are using our Site in the course of business or for commercial purposes), to the fullest extent permissible by law:

(a)     we accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site and/or our Services or the use of or reliance upon any Content; and

(b)     we accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage from using our Site and/or our Services.

If you are a Student (consumer), you agree that you will not use our Site and/or our Services for any commercial or business purposes and that we shall have no liability to you for any business losses as set out above.

5. Data Protection and Privacy

To find out what personal data we collect and how we process it and the way in which we use cookies on the Site please visit our Privacy and Cookie Policy.

6. VIRUSES, MALWARE, AND SECURITY

We exercise reasonable skill and care to ensure that our Site is secure and free from viruses and malware; however, we do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site and/or our Services. You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site. You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching this section 6, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site and/or our Services will cease immediately in the event of such a breach.

9. Governing Law & Jurisdiction

Any contractual or legal relationship between you and Music TCHR will be concluded in English.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this section 9 takes away from or reduces your legal rights as a consumer. If you are a consumer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of your domestic courts, as determined by your residency.

If you are a business user, any dispute, controversy, proceedings, or claim between you and us relating to these Terms or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of Music TCHR. The rights and remedies of  Music TCHR under these Terms are independent, cumulative and without prejudice to its rights under the law.

DEFINITIONS AND INTERPRETATION

In these Website 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; 

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;

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 the Student Terms And Conditions as amended from time to time governing the use of our Services and accessible here;

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; 

Teacher Terms means these Teacher Terms and Conditions as amended from time to time governing the use of our Services and accessible here;

Site means the website located at http://musictchr.com