Terms, Privacy and Complaints
Effective from 12/6/2017
In these terms and conditions, when we say ‘Music Tutor’s Hero’, we mean the Software as a Service for independent Instrumental and vocal music teachers operated by or on behalf of NC Hero Online Limited (or ‘NC Hero Online Ltd’) company number 8818360 which you can access via the Music Tutor’s Hero website.
By using Music Tutor’s Hero, you agree to the following terms and conditions and other applicable law. If you do not agree to be bound by these terms and conditions, please do not use the Music Tutor’s Hero service.
- Termination of registration
- Use of material appearing on Music Tutor’s Hero
- Disclaimer of liability
- Third party advertising on Music Tutor’s Hero
- User content
- Data protection
- Changes to these terms and conditions of use
- Governing law & jurisdiction
- No waiver
- Additional disclaimers
- Limitation of liability
- Monthly subscription
- Complaints procedure
Functions of the Music Tutor’s Hero website require you to become a registered member by creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers, which you choose, and all activities that occur within your account. By registering with Music Tutor’s Hero, you agree that:(i) Your account and password are personal to you and may not be used by anyone else to access Music Tutor’s Hero; (ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Music Tutor’s Hero website; and (iii) you will not create registration accounts for the purpose of abusing the functionality of the website, or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others.
Termination of registration
If you no longer wish to have a registered account, you may terminate your account by sending an email to firstname.lastname@example.org If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using Music Tutor’s Hero. Continued use of Music Tutor’s Hero indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Music Tutor’s Hero immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
Use of material appearing on Music Tutor’s Hero
You acknowledge that, as between NC Hero Online Ltd and you, except for user content and advertisements, NC Hero Online Ltd is the sole owner of all content on Music Tutor’s Hero, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on Music Tutor’s Hero (“NC Hero Online Ltd content”). Music Tutor’s Hero is protected by the copyright laws and other intellectual property laws of the United Kingdom and are protected globally by applicable international copyright treaties.
You may download and print extracts from Music Tutor’s Hero for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Music Tutor’s Hero content for any other purpose without our prior written approval. Except as expressly authorised by Music Tutor’s Hero, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on Music Tutor’s Hero.
No part of the Music Tutor’s Hero website may be copied, reproduced, distributed, redistributed, modified or displayed without the express written permission of the copyright owner. Designs and concepts may not be used for any purpose whatsoever without written permission from NC Hero Online Ltd.
If you wish to use our content other than as permitted by these terms and conditions and for all other inquiries about distribution or reproduction of the materials, please contact us using: email@example.com
Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in Music Tutor’s Hero. Nothing in Music Tutor’s Hero is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing Music Tutor’s Hero. You can access other sites via links from Music Tutor’s Hero. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning Music Tutor’s Hero. In particular, we do not warrant that Music Tutor’s Hero or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
Although we will do our best to provide constant, uninterrupted access to Music Tutor’s Hero, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Third party advertising on Music Tutor’s Hero
You may see advertising material submitted by third parties on Music Tutor’s Hero. Each individual advertiser is solely responsible for the content of the advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Registered users of Music Tutor’s Hero may be permitted to submit content to the Music Tutor’s Hero platform. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to Music Tutor’s Hero.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on Music Tutor’s Hero or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of NC Hero Online, and we do not support or endorse any user content.
You warrant that the content you submit to us is not obscene, pornographic, violent, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use Music Tutor’s Hero to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Music Tutor’s Hero platform or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Music Tutor’s Hero Platform, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability.
If we find you breach these terms, we may remove or block your content or account from Music Tutor’s Hero at any time without prior warning.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion.
Within Music Tutor’s Hero you can interact with content from various social networks. When using Music Tutor’s Hero you must at all times observe any terms and policies that these social networks also have in place.
You understand that the technical processing and transmission of Music Tutor’s Hero may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. NC Hero Online Ltd. assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to Music Tutor’s Hero.
If you are under 16, you confirm that you have permission of your parent to submit content.
Copyright and trademark owners can report alleged violations by sending an email to firstname.lastname@example.org
You may download certain Music Tutor’s Hero apps (“Apps”) from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Music Tutor’s Hero platform).
In addition to the limitations on our liability set out in Section 4, 13 and 14, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on Music Tutor’s Hero. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use Music Tutor’s Hero after it has been posted.
Governing law & jurisdiction
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Music Tutor’s Hero.
Visitors to Music Tutor’s Hero agree that their use of the Music Tutor’s Hero platform is at their own sole risk. The Music Tutor’s Hero platform is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Music Tutor’s Hero platform; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. NC Hero Online Ltd. also makes no representations and warranties as to any linked sites and NC Hero Online Ltd. has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Music Tutor’s Hero platform may represent the opinions and judgments of providers or users, such as user content. Music Tutor’s Hero and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Music Tutor’s Hero Site by anyone other than authorised Music Tutor’s Hero employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Music Tutor’s Hero platform including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on Music Tutor’s Hero; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. NC Hero Online Ltd. does not warrant or guarantee that access to the Music Tutor’s Hero platform will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL NC HERO ONLINE LTD. OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MUSIC TUTOR’S HERO PLATFORM, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MUSIC TUTOR’S HERO SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF MUSIC TUTOR’S HERO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, NC HERO ONLINE LTD’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING NC HERO ONLINE LTD’s LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
We do not pass on any of your personal details, or sell mailing list data, to third parties.
Website statistics are produced, using a harmless item known as a cookie, allowing us to record visitor numbers, number of pages viewed and referral source. These statistics do not record any personal data. This data simply helps us to administer and enhance the site and service.
Our online advertising is tracked – allowing us to record the number of people who visit via an advert, number of pages viewed by advertising visitors, the pages visited, actions and referral source. This tracking does not record any personal data. This data simply helps us to manage and enhance our online advertising.
Advertising cookies maybe used by third parties to send information to other websites so that they can show you adverts you may be interested in. You may choose to decline these cookies by following instructions here: https://www.google.com/policies/technologies/ads/
The service begins when we confirm your initial payment.
We will charge you the fee stated at the time of purchase monthly until you cancel. Once the fee has been charged at the start of each month, that charge is final and no refund is available. The fee is subject to change — but we’ll always notify you beforehand.
You can cancel anytime by contacting email@example.com
To cancel your subscription please contact firstname.lastname@example.org
Cancelling your membership stops the charge at the start of your next billing term—but your service will continue until the end of your current term.
You can make a complaint by emailing email@example.com
Our customers’ views are important to us and help to ensure our services are consistently meeting people’s needs. If you are unhappy with any of our services it is important that you let us know.
We aim to handle complaints quickly, effectively and in a fair and honest way. We take all complaints seriously and use valuable information from investigating to help us improve the service we provide. We treat all complaints in confidence.
Complaints should be made as soon as possible after the date on which the event occurred or came to your notice. If you complain more than twelve months later, we may not be able to investigate properly. But we shall also consider whether you had good reason for not making the complaint sooner and whether, despite the delay, it is still possible to investigate the complaint effectively and fairly.
Music Tutor’s Hero assures customers that it will not withdraw or reduce services because someone makes a complaint in good faith.
We will acknowledge a complaint within 5 working days and give you the name and contact details of the person investigating. We will keep you informed about the progress of the investigation and aim to have the complaint resolved within 28 working days unless we agree a different time scale with you. When we have finished investigating, we will inform you of proposals to resolve your complaint and detail any findings and any action taken.