1. Our Terms of Use
These Terms: together with our Acceptable Use Policy (which can be found as an appendix to these terms):
- tell you the rules for using our website www.musicteachers.co.uk; and
- apply to any User of our Web Platform; and
- apply to those Customers who utilise the Web Platform to book music tuition with a Teacher.
By using our Web Platform you agree to comply with these terms. These terms should also be read in conjunction with our Privacy Policy which can be found at https://musicteachers.co.uk/rules/data-handling
NB: Please ensure that you accept these terms, the terms of our Acceptable Use Policy and our Privacy Policy before you continue to use the Web Platform.
Any reference to “we”, “us” and/or “our” within these terms refers to More Music UK Limited. Where we refer to “you” throughout these terms, this is a reference to any Student, Customer or other User of our Web Platform as appropriate.
Our Web Platform provides an online platform through which Teachers can advertise, market, sell and promote their services, namely music tuition. Users of the Web Platform are able to search and compare different Teachers before deciding whether to purchase Music Services. The application of these terms will vary depending on your use of the Web Platform as follows:
(i) General use of the Web Platform
. All Users of the Web Platform will be bound by our terms of use.
(ii) Purchasing Music Lessons from a Teacher via the Web Platform. By purchasing the Music Lessons of a Teacher via the Web Platform, you enter into a direct (legally binding) contractual relationship with the Teacher. From the point at which you purchase the Music Lessons from a Teacher, we act solely as an intermediary between you and the Teacher. We do not (re)sell, rent out or offer any Music Lessons. We transmit the relevant details of your purchase to the relevant Teacher, confirm your lessons on behalf of the Teacher and facilitate the payment you make to the Teacher. Please note that we do charge the Teacher a fee when you purchase their Music Lessons via our Web Platform (see below for more detail). If you purchase Music Lessons of a Teacher via our Web Platform then you will be bound by all of these terms.
(iii) Third Party Music Supplier introduction: You may have been introduced to our Web Platform by a third party music supplier because Covid-19 has meant that your normal music lessons can no longer happen in person. If this is the case please read clause 14 below. By using our Web Platform, you acknowledge that you consent to your child and his or her music teacher continuing his/her music education online using our Web Platform in accordance with clause 14. These terms constitute the entire agreement between you and us where you are purchasing Music Lessons from a Teacher via the Web Platform in relation to the terms on which we will supply you with use of our Web Platform. These terms assume that you are a consumer. You are a consumer if:
(1.a) you are an individual; and
(1.b) you purchase a Teacher’s Music Lessons through us wholly or mainly for your (or another person’s) personal use (i.e. not for use in connection with your, or another person’s, trade, business, craft or profession).
These terms and conditions supersede any previous versions and come into effect from 1 January 2022.
2. Definitions
2.1 The meanings set out in these terms and conditions are as follows:
"Community" refers to Users, Teachers, Customers, us and our staff collectively.
"Confirmed Lesson" is a lesson which has been paid for and confirmed by the Customer.
"Customer" means the person who uses the Web Platform to purchase a Teacher’s Music Lessons, and where a Student is under 18 years of age the person must either be the parent, carer or legal guardian of the Student.
"Fixed Term Plan" is a block of 15 lessons or more, paid for in advance at a discounted rate by the Customer. In exchange for the discount, the Customer waives the right to edit, alter, change or cancel the lesson. In exchange for the restrictive terms associated with the Fixed Term Plan for the Customer, the Teacher agrees to reduce the Price.
"Lesson Block" is a block of 5, 10, or 20 lessons. When a Customer purchases a Lesson Block, the Teacher can create lessons which are confirmed automatically. When purchasing a Lesson Block, the Customer may qualify for a discount on the Price of up to 20%.
"Platform Fee" is the amount deducted from the "Price" in exchange for our services (e.g. of supplying, hosting and maintaining the Web Platform and marketing, communication, lesson booking and fee collection for the Teachers). "Price" refers to the price you pay for the Music Lessons and includes both the Teacher Fee and the Platform Fee and is visible on the Teacher’s profile.
"Music Lessons" means the music tuition services which are delivered by the Teacher to the Student. "Student" means the recipient of the Music Lessons provided by the Teacher.
"Transport Fee" refers to the additional cost applied by the Teacher to cover time and expense associated with travelling to the home of the Student, when the Student requests lessons at their home.
"Teacher" is the professional, self-employed music teacher using the Web Platform to market their Music Lessons.
"Teacher Fee" refers to the price of the Music Lessons after the deduction of the Platform Fee. "User" is any person that uses the Web Platform in any capacity, including but not limited to Customers or Students.
"Web Platform" means https://musicteachers.co.uk or such domain name address as we supply for our services from time to time.
"Writing" and/or "Written" includes any written communication including emails.
3. What we do
3.1 We:- (1.a) provide marketing, communication, booking and fee collection services for Teachers;
- (1.b) maintain, host and provide a Web Platform where Users can easily find and connect with a Teacher to arrange and pay for Music Lessons;
- (1.c) perform vetting and safeguarding checks to ascertain the suitability of a teacher prior to publishing them on our Web Platform;
- (1.d) act as an interface between Customers and the Teachers and maintain a notification system to ensure swift communication between Customer and Teacher/s;
- (1.e) display clear and accurate music tuition fee information to both Customers and Teachers and facilitate the payment of the Price via the Web Platform;
- (1.f) investigate all complaints in line with our complaints policy, which is available on request and manage all refunds; and
- (1.g) take the necessary steps to use and protect Users’, Students’ and Customers’ personal data as set out in our privacy policy which can be found at https://musicteachers.co.uk/rules/data-handling
4. Our Community Standards
4.1 Users of our Web Platform shall:
(1.a) be responsible for the safety and security of themselves and any children (i.e. persons under the age of 18) who use the Web Platform or are Students. In the event that your password/log in details are no longer private, please contact us via the Web Platform immediately. We shall not be liable for any loss or damage suffered by you or any other person further to your failure to contact us in accordance with this clause 4.1(a);
(1.b) comply with our Acceptable Use Policy and ensure messages and content posted on the Web Platform are legal and in no way abusive, offensive or illegal. Where a message or any content is a cause for concern, you shall report it to us immediately; and
(1.c) take reasonable steps to exercise common sense when assessing the accuracy and legitimacy of information on the Web Platform.
4.2 We reserve the right to refuse you access to our Web Platform if you fail to comply with any of our community standards set out in this clause 4.
5. Customer Responsibilities
5.1 By using this Web Platform to purchase the Music Lessons of a Teacher, each Customer:
(1.a) accepts that we are not responsible for the behaviour or actions of any Teacher;
(1.b) shall provide accurate personal information for the purposes of communication, purchasing Music Lessons and fee collection and all other activity associated with the use of our Web Platform;
(1.c) shall ensure that all Music Lessons are confirmed and paid for in advance of the tuition taking place and accepts that the relevant Music Lessons are not confirmed until the Student has taken the necessary steps to do so;
(1.d) shall always use the payment system on the Web Platform to pay for Music Lessons with the Teacher;
(1.e) shall allow us to facilitate payment of any fees for Music Lessons and acknowledges that we will take a percentage of the fee that the Customer pays to the Teacher in consideration of the services we are providing, namely the Platform Fee;
(1.f) accepts that once a payment is made and the relevant Music Lessons are confirmed, the Customer has a binding legal agreement with the Teacher and we accept no liability for the Teacher’s responsibility with regard to that agreement;
(1.g) shall not attempt to circumvent the Web Platform by booking any Music Lessons or any other services directly with any Teacher;
(1.h) (if applicable) shall provide a safe and sufficient environment for the Teacher and Student; (1.i) shall ensure that s/he has adequate IT systems for receiving notifications in line with your chosen notification settings. We are not responsible if notifications or messages are sent and not checked or not received by the Customer due to email systems failing;
(1.j) shall,
(1.j.i) where the Customer is also the Student:
(1.j.i.A) accept that it is his/her/its responsibility to use his/her/its best judgement to ascertain the suitability of a Teacher for his/her/its needs;
(1.j.i.B) shall attend lessons provided by a Teacher punctually;
(1.j.i.C) shall act in an appropriate manner and treat the Teacher with respect when receiving the Music Lessons; and
(1.j.ii) if the Customer is purchasing Music Lessons on behalf of a Student:
(1.j.ii.A) accept that it is the Customer’s responsibility to use his/her/its best judgement to ascertain the suitability of a Teacher for the Student’s needs;
(1.j.ii.B) ensure that the Student attends lessons with a Teacher punctually; and
(1.j.ii.C) ensure that the Student acts in an appropriate manner and treats the Teacher with respect when receiving the Music Lessons.
5.2 We reserve the right to refuse you access to our Web Platform if you fail to comply with any of the Customer responsibilities set out in this clause 5.
6. Pricing and Discounts (Lesson Blocks and Fixed Term Plans)
- 6.1 Prices are clearly displayed on the Web Platform, on the Teacher’s profile, on the lesson confirmation screen and when you purchase the Music Lessons. Teacher Fees vary depending on each Teacher’s experience and location.
- 6.2 The Price is a combination of the Teacher Fee and the Platform Fee. The Price includes all applicable tax, including VAT.
- 6.3 The Teacher Fee is the amount payable to the Teacher, collected by the Web Platform.
- 6.4 Music Lessons can be purchased by the Customer via the Web Platform either in the form of individual lessons, Lesson Blocks or Fixed Term Plans.
- 6.5 Lessons are only available to Customers who utilise the Web Platform (and our payment service provider) for the arrangement, booking and payment of Music Lessons.
Lesson Blocks
6.6 Most Customers buy a Lesson Block after the first lesson. After a Customer has purchased a Lesson Block or Fixed Term Plan, s/he will be able to plan lessons with the Teacher at a fixed or flexible time. Below you can see the terms for our flexible Lesson Blocks:
(6.a) Validity: All lessons (between 1 and 20) in the block are valid for 12 months from the date of purchase.
(6.b) Satisfaction Guarantee: In the unlikely event that a Customer is not satisfied with his/her Teacher, we can arrange for a replacement to be found for the remainder of the Lesson Block.
(6.c) Flexibility: Customers can schedule new appointments with the Teacher at any time or decide on a regular lesson at a particular day or time of the week, fortnight or month.
6.7 Customers can use the Web Platform to automatically renew a Lesson Block once lessons from the current block have been used.
6.8 Lesson Blocks are available in a range of lesson durations, clearly displayed on the Teacher’s profile on the Web Platform.
6.9 Customers will qualify for a discount on the Price when purchasing a block with 5 lessons or more. The discounts available are:
(9.a) 5 lessons - 10% discount;
(9.b) 10 lessons - 15% discount; and
(9.c) 20 lessons - 20% discount.
6.10 When a Lesson Block is purchased, the Customer gives permission for the Teacher to automatically create and confirm lessons, using the information of date, time, location and duration provided by the Customer.
6.11 The Web Platform shall notify the Customer each time a lesson is booked and confirmed. It is the Customer’s responsibility to check these details are correct and contact the Teacher with any desired amendments in a reasonable amount of time prior to the lesson.
6.12 The Web Platform will provide information in the Customer’s account, displaying how many lessons are remaining in the current block for each Customer.
6.13 When the Customer uses the Web Platform to automatically renew the block of lessons, the Web Platform will collect payment from the nominated payment card and create a duplicate block of lessons on the Customer’s behalf. If the Customer chooses the ’split payment’ option when purchasing the original Lesson Block, we shall use split payment for the automatic renewal of the Lesson Block. We will automatically notify the Customer 2 days before the automatic renewal payment is taken. The Customer is able to edit or cancel their automatic renewal at any time. We shall refund to the Customer any monies paid as a result of an unwanted automatic renewal.
6.14 All lessons as part of a Lesson Block are valid for a term of 12 months from the date of purchase. The Customer understands that unused lessons remaining on their account after 12 months from the date of purchase will be treated as expired and cannot be returned or refunded.
6.15 The Customer has the right to instruct the Teacher to create lessons at mutually convenient times for both Student and Teacher. The date, time and location of each lesson is flexible and need not be the same for each lesson.
6.16 In the unlikely event that the Customer does not feel satisfied with the quality of teaching, the Customer shall inform us via the Web Platform and we will recommend a suitable replacement and refund the cost of any unused lessons with the Teacher for a period of 12 months after the date of purchase.
6.17 The Student has the right at any time to change Teacher and we shall refund any unused lessons with a Teacher which are no longer required, for up to 12 months after the date of purchase.
6.18 Should the Teacher’s circumstances change with the effect that they are no longer able to deliver future lessons purchased within a Lesson Block, we will search for a replacement Teacher and refund to the Customer any unused lessons for a period of up to 12 months after the date of purchase.
6.19 All unused Lesson Block purchases may be returned to us within 14 days from the date of purchase.
Fixed Term Plans
6.20 When the Customer requires lessons over a long period of time and, if agreed by the Teacher in advance, the Customer has the option to purchase a Fixed Term Plan. The purchase of a Fixed Term Plan entitles the Customer to a 20 % discount on the Price.
6.21 To qualify for the Fixed Term Plan, a minimum of 15 lessons must be purchased by the Customer. These lessons will be created using the information of date, time, location and duration provided by the Customer.
6.22 The Customer agrees that when purchasing a Fixed Term Plan, in consideration of receiving a discount of 20% on the Price, the Customer waives his/her right to alter, amend or otherwise reschedule or cancel, any lesson purchased within the Fixed Term Plan.
6.23 Should the Teacher need to cancel a lesson purchased within a Fixed Term Plan, the Customer agrees to provide information of the date, time, location and duration of a replacement lesson, which will be agreed with the Teacher at no extra cost to the Customer.
6.24 Should the Teacher’s circumstances change with the effect that they are no longer able to deliver future lessons purchased within a Fixed Term Plan, we will search for a replacement Teacher and refund any unused lessons to the Customer for a period of up to 12 months from the date of purchase.
6.25 For any lesson the Customer requests to be provided at a location that is not the Teacher’s nominated location (and provided the lesson is not to be delivered virtually), the Teacher has the right to add an additional Transport Fee per lesson which shall be agreed with you prior to the booking being confirmed.
7. Payment
7.1 The Customer shall pay for all Music Lessons in advance, using the payment system utilised by the Web Platform together with any Transport Fees if applicable.
7.2 Our payment provider is currently Stripe. When you make a payment via Stripe you are subject to Stripe’s terms and conditions and privacy policy. A link to these is here https://stripe.com/en-gb/ssa. Stripe accepts payment via Visa, Visa Electron, MasterCard, Apple Pay and Android Pay.
7.3 Payment is withdrawn from the Customer’s nominated account on the day of purchase.
7.4 We encrypt all [information which we hold including] the limited card details using SSL (Single Socket Layer) technology. The Web Platform does not have access to the Customer’s full card information at any point, only the Customer’s name, type of card being used for payment, the last 4 digits of the long card number, the expiry date and the address to which the card is issued. (Stripe share with us a Stripe ID number and a fingerprint data number which they individually allocate to you.)
7.5 When choosing the subscription option at checkout, the Customer agrees to securely store their card information within their account in the Web Platform (i.e. not use a password which is easy to guess and not share any passwords with any third parties). The Customer has an option to choose whether to instruct Teachers to create lessons where the payment is automatically taken from the Customer’s card.
7.6 When using our Web Platform the Customer has the option to purchase all Lesson Blocks and Fixed Term Plans in one single payment or by using the split payment function. Split payment enables the Customer to spread the cost of the Lesson Block or Fixed Term Plan over the course of 3 equal monthly instalments. The Web Platform offers the split payment service interest free and no further hidden charges apply.
7.7 For split payments, the first instalment will be taken from the Customer’s card on the day of purchase. The Customer shall instruct the Web Platform to automatically take the second instalment on the same day of the next month and the third payment on the same day of the subsequent month.
7.8 By selecting split payment, the Customer agrees to securely store their card information within their account in the Web Platform in order to facilitate the split payments as described in this clause 7.
7.9 We shall notify the Customer three days before the second and third instalments to inform them of the upcoming split payment.
7.10 The Customer shall ensure that funds are available to enable the payments due.
7.11 Should a payment fail, we will notify the Customer. In such an event the Customer shall re-enter their card details in the Web Platform to allow a further payment attempt.
7.12 The Customer agrees that we are permitted to inform the Teacher in the event of a failed payment and the Teacher will cancel further lessons until the payment is successfully taken.
7.13 In the event of more lessons being taken than have been paid for, the Customer agrees that we, in our capacity as agent for the Teacher, have the right to pass on any debt to third party agencies, should monies be outstanding for a period longer than 3 months. The Customer acknowledges this may affect their credit rating.
7.14 We shall provide the Customer with a receipt further to any purchase made via the Web Platform. Such receipt shall be sent to the Customer via email.
8. Bookings, Cancellations and Complaints
8.1 If the Teacher cancels a lesson (for whatever reason) the Price, together with any Transport Fee which has been paid for, will be refunded without charge, or the lesson will be moved to another date which suits the Student.
8.2 If a lesson is confirmed, paid for, but subsequently cancelled by the Customer with less than 24 hours’ notice being given to the Teacher, no refunds can be issued.
8.3 If a lesson does not occur due to a Student not attending and the Customer has made no attempt to cancel, no refunds can be issued.
8.4 If a lesson does not occur because the Teacher cannot gain access to a Customer’s nominated location as to where the lesson is due to take place and the Customer has not responded to the Teacher’s attempt at communication, no refunds can be issued.
8.5 In the event of the Student arriving late for a lesson, the Teacher agrees to wait for a reasonable amount of time before cancelling the lesson. No refunds can be issued in this circumstance.
8.6 Lessons cancelled by the Customer with greater than 24 hours’ notice may either be rescheduled at no extra cost or a full refund may be requested.
8.7 Where a refund request meets the terms as set out in clause 8.6 of these terms, or in case of a complaint, the refund will be made within 30 days of the request.
8.8 To cancel a lesson, the Customer must send the Teacher a message using the Web Platform.
8.9 The Teacher has the right to cancel a lesson at any time up to the start of the lesson. All lessons cancelled by the Teacher will either be refunded, as described in clause 8.7 of these terms or rescheduled at a mutually convenient time for both Teacher and Student.
8.10 All complaints, including those around lesson quality, non-attendance of a lesson by the Teacher, Teacher conduct, Student conduct and issues around the Web Platform will be handled in line with our complaints policy, a copy of which is available upon request.
8.11 Please note that these terms concerning purchasing Music Lessons via our Web Platform and cancellation etc. are provided on behalf of the Teachers and we act strictly as the Teacher’s agent in facilitating such terms.
Summary of your key legal rights
By way of information, this is a summary of your key legal rights further to your contract with the Teacher for the purchase of Music Lessons. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Where you are buying services, in this case Music Lessons, the Consumer Rights Act 2015 says:
a) You can ask the Teacher to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if it cannot be fixed.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
9. Safeguarding and Child Protection
9.1 We recognise that safeguarding and child protection are of paramount importance. It is the responsibility of everyone in the Community to help keep children safe.
9.2 Our DSL (Designated Safeguarding Lead) is Alex Wibrew. He can be contacted via email at [email protected]
9.3 We will update our safeguarding and child protection policy in September every year, and engage the services of an expert consultant to help the policy reflect changes in law and best practice.
9.4 All Teachers are provided with the document ‘Keeping Children Safe in Education’ and must read and understand this document before their profile is published on the Web Platform.
9.5 All Teachers are provided with:
(5.a) a code of conduct,
(5.b) an acceptable use policy, and
(5.c) a ‘lone working policy’
each of which must be read and adhered to at all times. A copy is available upon request.
9.6 All policies and documents will be reviewed annually in September and new versions will be distributed as appropriate.
9.7 Any concerns regarding an issue of safeguarding or child protection should be brought immediately to the attention of the DSL.
10. Liability
10.1 These terms of use do not impede or limit our liability for anything that is not permitted by law to do so.
10.2 We are not liable for any loss or damage caused by the User or Customer’s use of the Web Platform as laid out within these terms. Further, we shall have no liability to either the Customer or the Teacher in relation to the legally binding contract made between the Customer and the Teacher further to a purchase of Music Lessons via the Web Platform.
10.3 The Customer or User may be liable for any loss or damage caused to us resulting from a breach of these terms or other misuse or abuse of the Web Platform.
11. Intellectual Property
11.1 We shall retain ownership in all intellectual property rights in any content and materials on our Web Platform except for that content which is used under licence ("Rights"). Users of our Web Platform shall not be entitled to copy, link to, publish, promote, market, integrate, utilise, combine or otherwise use the Rights without our prior written consent.
11.2 Users of our Web Platform shall grant us a non-exclusive, perpetual, royalty-free licence to use any material submitted to the Web Platform by Users in any way we see fit.
12. Changes to These Terms
12.1 These terms supersede any previous versions and come into effect from 1 January 2022.
12.2 We reserve the right to alter these terms at any time. The Community is encouraged to check these terms regularly to ensure they are aware of any changes. We will endeavour to communicate changes to all in the Community, ahead of any changes to the terms occurring.
13. General
13.1 Transfer of rights under these terms. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms. If you are unhappy with the transfer please contact us using the contact details set out within these terms. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.2 These terms are the entire agreement between you and us. These terms constitute the entire agreement between you and us where a purchase of Music Lessons is made and between the User and us, and supersede and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. You acknowledge that in entering into these terms you shall not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Neither you nor us shall have a claim for innocent or negligent misrepresentation based on any statement in these terms.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
13.5 Nobody else has rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
13.6 Which laws apply to these terms and where you may bring legal proceedings. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.
14. Arrangements for students of music lessons via a third party music service further to the Covid 19 crisis
14.1 We have been engaged by a number of third party music service suppliers to provide an online classroom for music lessons and administrative services, namely Hertfordshire Music Service, Lancashire Music Service, Dorset Music Hub, Newham Music Trust, Inspiring Music, and Bath and North East Somerset Music Service (the ‘Suppliers’).
14.2 We have in place a number of agreements with these Suppliers which apply to any students who contact us further to their contracts with these Suppliers.
14.3 We recognise that you have an existing agreement with the relevant Supplier and your use of the teacher services provided by the Supplier’s teachers is subject to your agreement with the relevant Supplier. You are still subject to our terms of use when you use our Web Platform but obviously the description of how this Web Platform supports our Teachers and our Students does not apply.
14.4 By using our Web Platform, you acknowledge that you consent to your child and his or her teacher continuing his/her music education online using our Web Platform.
14.5 As a result of your instructions as described above, either you or your music service or hub have set up a student account in your name or your child/s name on our Web Platform.
14.6 By using our Web Platform you are accepting our terms, as set out above, insofar as they do not conflict with the terms in place between you and the Supplier and you are agreeing to use our Web Platform to arrange your child’s music lessons in the online space which we provide.
14.7 You agree that any issues, complaints or grievances that occur as a result of your interaction with a teacher, whether due to lesson quality, communication and any other factor due to delivery, will be taken up with your music service or hub and we, More Music UK Ltd, will be in no way liable as a result.
14.8 We recognise that payment and billing for lessons undertaken by the Student will be processed via your music service / hub and therefore we will not claim, nor be able to claim any monies from you in exchange for your activity on the Web Platform.
14.9 You are able to terminate this arrangement by contacting your music service or hub and we will be in no way liable for any issues or disputes which might incur as a result. Termination of the arrangement will be governed by the terms of the agreement which you have entered into with your Supplier.
14.10 You acknowledge that our role in your relationship with your Supplier is solely to provide the technology and administrative support to enable online learning to take place, at no extra cost to the Student.
[9 November 2021]
Acceptable use policy
1. Prohibited Uses
1.1 You may not use our Web Platform:
1.1.1 In any way that breaches any applicable local, national or international law or regulation.
1.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
1.1.3 For the purpose of harming or attempting to harm minors in any way.
1.1.4 To bully, insult, intimidate or humiliate any person.
1.1.5 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
1.1.6 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
1.1.7 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.1.8 To upload terrorist content.
1.2 You also agree:
1.2.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use
1.2.2 Not to access without authority, interfere with, damage or disrupt:
1.2.2.1 any part of our Web Platform;
1.2.2.2 any equipment or network on which our Web Platform is stored;
1.2.2.3 any software used in the provision of our Web Platform; or
1.2.2.4 any equipment or network or software owned or used by any third party.
2. Interactive services
2.1 We may from time to time provide interactive services on our Web Platform, including, without limitation:
Collectively referred to as the Interactive Services.
2.2 Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on our Web Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our Web Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.
2.4 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our Interactive Services that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Services should be made aware of the potential risks to them.
2.5 Where we do moderate an Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise
2.6 We do not store terrorist content.
3. Content standards
3.1 These content standards apply to any and all material which you contribute to our Web Platform (‘Contribution’), and to any Interactive Services associated with it.
3.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
3.3 We will determine, in its discretion, whether a Contribution breaches the Content Standards.
3.4 A Contribution must:
3.5 A Contribution must not:
3.6 For the avoidance of doubt, for any Contribution in the form of video content:
3.6.1 You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
3.6.2 You must not upload a video containing harmful material.
3.6.3 You must not upload a video containing advertising for any of the following:
3.6.4 Any advertising included in a video you upload must not:
3.6.5 You must use the functionality provided on our Web Platform to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
4. Breach of this policy
4.1 When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
4.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Web Platform, and may result in our taking all or any of the following actions:
4.2.1 Immediate, temporary or permanent withdrawal of your right to use our Web Platform.
4.2.2 Immediate, temporary or permanent removal of any Contribution uploaded by you to our Web Platform.
4.2.3 Issue of a warning to you.
4.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
4.2.5 Further legal action against you.
4.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
4.3 We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.