Terms & Conditions
Updated: 12th April 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.musicgurus.com/ website (the "Service") operated by Music Education Technologies Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Music Education Technologies Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Music Education Technologies Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Music Education Technologies Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Music Education Technologies Ltd.
When you upload content, you give to Music Education Technologies Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Music Education Technologies Ltd business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Music Education Technologies Ltd.
Music Education Technologies Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Music Education Technologies Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Music Education Technologies Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Music Education Technologies Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Music Education Technologies Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Music Education Technologies Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Music Education Technologies Ltd or any person for whom Music Education Technologies Ltd is responsible, and even if Music Education Technologies Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.
Terms & Conditions of a MusicGurus Subscription
You must be 18 years of age to become a member of MusicGurus. Individuals under the age of 18, may utilize the service only with the involvement of a parent or legal guardian.
The use of any MusicGurus Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of MusicGurus or any third party, except as expressly provided herein.
MusicGurus may be accessed by users internationally and may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. MusicGurus cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
You agree to use MusicGurus in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through MusicGurus without express written permission from MusicGurus and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in MusicGurus service; use any robot, spider, scraper or other automated means to access MusicGurus; decompile, reverse engineer or disassemble any software or other products or processes accessible through MusicGurus; insert any code or product or manipulate the MusicGurus Content in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with MusicGurus, including any software viruses or any other computer code, files or programs.
Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on MusicGurus (including recorded interviews) are solely the views of such third party and MusicGurus assumes no responsibility for the accuracy or veracity of any statement made by such third party.
If you choose to register with MusicGurus, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify MusicGurus by e-mail to [email protected]. You are solely responsible for your own losses and losses incurred by MusicGurus and others (including other users) due to any unauthorized use of your account.
Payment - You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the MusicGurus service.
Monthly Subscription - Your MusicGurus membership will continue month-to-month and automatically renew each month unless and until you cancel your membership or we terminate it. Your credit card will be charged the monthly subscription fee. Your monthly subscription shall automatically renew for an additional month, unless you cancel prior to the end of the current month.
Termination - You may terminate your membership at any time.
Courses purchased prior to your MusicGurus subscription will remain yours as part of the MusicGurus lifetime guarantee. Any courses accessed as part of your MusicGurus subscription will be removed should you decide to terminate your MusicGurus subscription.
Recurring Billing. By signing up for a MusicGurus membership and providing a Payment Method, you hereby authorize MusicGurus to charge you a monthly membership fee at the then current rate and any other applicable charges relating to your use of the MusicGurus service, including taxes or transaction fees, to your Payment Method. The amount you will be billed each month may vary accordingly due to promotional offers, changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts.
Membership Fee Changes. MusicGurus reserves the right to adjust membership fee pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Membership fee price changes will take effect following an email notification to you.
Billing Cycle. The membership fee will be billed at the beginning of the paying portion of your membership and continue each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. MusicGurus reserves the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion of MusicGurus and shall be provided on a non-precedential basis.
Payment Methods. If you wish to change your Payment Method, please email us [email protected] You may need to cancel your current membership and begin a new one with the new payment details. However your dashboard will remain unchanged.
Cancellation. You may cancel your MusicGurus membership at any time. To cancel, go to the "Your Dashboard" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by MusicGurus, but MusicGurus is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on MusicGurus or third-party retail outlets and websites. Information and related materials are subject to change without notice. MusicGurus and all information and related materials it contains are provided "AS IS." MusicGurus does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of MusicGurus or any material, information or data obtained through MusicGurus; (2) the results that may be obtained from the use of MusicGurus or the use of material, information or data obtained from MusicGurus; (3) that use of MusicGurus or any materials on MusicGurus will meet any users requirements; (4) that access to MusicGurus will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through MusicGurus will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. MusicGurus has no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication. By using MusicGurus, you assume the risk that the information and materials on MusicGurus may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. MUSICGURUS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO MUSICGURUS AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.
You acknowledge and agree (1) that your use of MusicGurus and any material, information or data obtained through the use of MusicGurus is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering MusicGurus or its content will be liable to users of MusicGurus for any damage resulting from use of MusicGurus or use of material, information or data downloaded or otherwise obtained from MusicGurus, nor are such parties in any way responsible for the conduct of users of MusicGurus or for information posted or exchanged on MusicGurus.
In no event will MusicGurus or any of its oﬀicers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of MusicGurus or any linked website or to any material, information, data, products, or services obtained through MusicGurus, or otherwise arising out of your use of MusicGurus, your inability to use MusicGurus or any decision made or action taken by you in reliance of any information, advice or materials provided on MusicGurus, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if MusicGurus has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using MusicGurus.
By using the MusicGurus subscription, you consent to receiving electronic communications from MusicGurus relating to your account. These communications may involve sending emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new MusicGurus features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click the Unsubscribe button or contact us at [email protected]. Please review our Privacy Statement for further detail on our marketing communications.