Terms of Service
Updated as of: 1 August 2020
Thank you for using Promusicteachers.com (the “Website”). This website is operated by LEARN WITH US Pte. Ltd. (“LWU”, “us”, “we”, “our”), operating under the laws of the Republic of Singapore. References to “Affiliates” will refer to LEARN WITH US Pte. Ltd and any of the websites and services under its ownership, now or in the future.
Promusicteachers.com is an online platform that offers the following services (collectively, the “Services”):
- Matching agency for music educators and music students;
- Access to a combination of music information, news, data, text, videos, audio files, graphics, images (collectively, the “Content”).
You acknowledge that as you use certain services, you will be subjected to additional terms specific to the role that you are using stipulated in this Agreement.
Your Use of the Service
You may use this service freely as made available to you, as long as you comply with this Agreement and all applicable laws.
No Unlawful or Restricted Use
You warrant to us that you will not use the website for any purpose that is unlawful or restricted by this Agreement. You are not allowed to use the website in any way that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You are also not allowed to obtain or attempt to obtain any information that is not intentionally made available or provided by our website or service.
The following restrictions are also applied to your use of the service. You are not allowed to:
- Use the service to sell any advertisements, sponsorships, or promotions to any visitors or users without the express prior written consent by LWU;
- Use the service to recruit, solicit, or contact teachers for employment or contracting for a business not affiliated with LWU without the express prior written consent of LWU;
- Use the service to collect or harvest any personal information for any other use not endorsed by LWU;
- Use the service or website, or any part thereof, for any commercial use for the benefit of any other third party not authorised by LWU or by these terms;
- Access, tamper with, or use non-public areas of the website without the authorization of LWU;
- Attempt to probe, scan or test the vulnerability of the website, system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LWU to protect the Services and Content;
Termination of Use
Without limiting its other rights or remedies, LWU reserves the right to restrict, suspend or terminate your access to part or whole of the Website or Services at our own discretion, without providing any prior notification or reason, if we believe that you have breached or is an accomplice in breaching these Terms.
Additional Terms for Students
When you request a teacher with us, you automatically become a “student”. You agree to the following set of terms applicable to students:
- You understand that you are responsible to acquire or transport necessary materials, setups, equipment, venue if applicable, for lessons, including but not limited to music instruments, teaching materials such as music scores and pedagogy books, applicable softwares and hardwares; for online lessons, including but not limited to an electronic device capable of processing online streaming, functioning camera and microphone capable of online streaming, access to apps or softwares, internet and bandwidth capable of handling online streaming. You are therefore advised to consult your music teacher if you are unsure of the requirements. Neither LWU nor your teacher will be responsible for the costs incurred to acquire or to transport any setup or equipment for lessons.
- You understand that unless expressly stated by us, we are only an intermediary. Any teacher-student partnership or relationship is between you and the teacher you are taking lessons with, not you and LWU. Hence, you are liable to pay for the services of the teacher. Also, your music teacher may have additional terms or policies of their own, such as but not limited to cancellation of lessons, postponement of lessons. Let us know if you do not find your teacher’s additional policies suitable for you, and we will find a replacement teacher for you. There will be no additional charge to you for a replacement teacher. You also understand that every replacement teacher may have their own fees, teaching style, additional terms and policies.
Additional Terms for Teachers
When you register to be a music educator with us, you automatically become a “teacher”. You are not considered an employee of LWU and will not receive supervision from LWU for your lessons. Therefore you shall assume full responsibility for all the content of your lessons and your own conduct. You are allowed to set additional terms or policies for your lessons, such as but not limited to cancellation of lessons, postmentment of lessons. You agree to inform us in prior writing of any implementation, modifications, redactions or enhancements of any terms or policies that you may have. Students must agree to your additional terms or policies, if any, before they are allowed to begin lessons with you.
You agree to the following set of terms applicable to our teachers:
- You agree to honor all of your arrangements with LWU, including but not limited to payments and remuneration, accepting a particular number of students, and any other terms as agreed.
- You agree to honor all of your arrangements with your student and to hold lessons at the price, time, and any other terms as agreed. If you wish to make changes to, or encounter any difficulties on your part to uphold any terms of the arrangement, be it temporary or permanent, you will communicate or renegotiate with the student as early as reasonably possible, and also to take any follow-up actions as required (such as but not limited to, conducting make-up lessons). You may contact us to look for a replacement teacher for a student, if you feel that you are not suitable for them.
- You warrant that you are qualified to provide the lessons that you indicated in the teacher’s registration form, and agree to conduct yourself with professionalism and in compliance with all applicable laws, rules and regulations.
- You agree that your additional terms or policies will not contradict our terms of service. If there are any contradictions, our terms will take precedence.
You understand that:
- You understand that you shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs incurred by or are related to a student arising from any lessons with you.
- You understand that your student(s) may review their experience(s) with you on any platforms, including but not limited to word of mouth, print media, digital media and social media. We have no control over the contents of their review and will not be held liable for any opinions and information that a student may include in their review.
- You understand that it is your responsibility to possess the necessary materials, setups, equipment, venue if applicable, to conduct lessons, including but not limited to music instruments, teaching materials such as music scores and pedagogy books, applicable softwares and hardwares; for online lessons, including but not limited to an electronic device capable of processing online streaming, functioning camera and microphone capable of online streaming, access to apps or softwares, internet and bandwidth capable of handling online streaming. Unless expressed in prior written consent, LWU is not obligated to give any assistance or advice, nor is responsible for any costs incurred to acquire or to transport any materials, setups or equipment for your teaching. Generally, teachers charge students a transportation fee should they have to travel to another location for lessons, so you can take that into account when setting your lesson fee.
- You understand that it is your responsibility to assist or give advice to your student to acquire materials, setups or equipment necessary for lessons, including but not limited to the items listed above. Unless expressed in prior written consent, LWU is not responsible for any costs incurred to acquire or transport any setup or equipment for any lessons. Therefore it is a good practice if you inform the student in advance the materials, setups or equipment that they will need to acquire in order to have lessons with you.
- You understand that LWU reserves the right to bar you from using the service should you fail to uphold any of the terms, and if necessary take legal action against you.
You agree to provide personal information that is accurate, valid, complete and current in the teacher’s registration form.
Intellectual Property, Copyright and Trademark Notices
Pro Music Teachers, Promusicteachers.com, all Content, logos, trademarks, are the intellectual property of LWU or other third parties. Unless otherwise stated, the rights, titles and interests to the Content are owned by, licensed to or controlled by us.
Content Use Conditions
You may access and view the Website and Content, and may save an electronic copy or print out a copy, solely for your own personal, non-commercial use. All copies made must be in the form as presented on the Website and must apply all applicable copyright and other notices.
OTHER LEGAL TERMS
Other than as required by law or as expressly stated in this Agreement, the Service provided is on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, we disclaim other commitments and warranties about our service, specific or implied. For example, we don’t guarantee that our services will be able to fully satisfy any needs, any merchantability or fitness for a particular purpose, compliance with description, warranty of non-infringement and to be free from errors. Also, we do not warrant that Services and Contents will be timely, uninterrupted, free from errors, without omission, and that Content and information on this site will be complete, true, accurate, or non-misleading.
Except as required by applicable law, Promusicteachers.com and any of its affiliates, directors, officers, employees, agents and subcontractors will not be responsible for any loss of profits, revenues, business, opportunities, anticipated savings; reputation or goodwill; loss or corruption of data; indirect or consequential loss; punitive damages caused by:
- Personal injury or property damage resulting from your use of the service;
- Any unauthorized access or use of the service;
- Any interruption or cessation of the service;
- Mistakes or inaccuracies on the service not caused by us;
- Any virus or malicious code transmitted to or through any third party;
- Removal or unavailability of any content.
To the extent permissible by applicable law, you agree to hold harmless, defend, and indemnify Promusicteachers.com and any of its affiliates, directors, officers, employees, agents and subcontractors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and reasonable expenses, arising from your use and access to this service, your violation of any term in this Agreement, or violation of any term in this Agreement by any other user or third-party, your breach of any third-party right, or of any applicable laws, rules or regulations. This indemnification will survive this Agreement and your use of this service.
ABOUT THIS AGREEMENT
Modification of Terms
We may modify this Agreement to reflect changes in technology, user habits, legislation, or any other reason we deem necessary. Changes may be made without notification, so it is recommended that you check this page periodically for any updates. Modifications to the terms will only apply going forward.
Our failure or delay to take action against any user breaching our terms does not mean we have forfeited any rights that we may have (such as the right to take action in future). No waiver or remedies shall be effective unless made in writing and signed by an authorized representative of LWU.
In the event where a term of this Agreement is not enforceable for any reason, it will not affect any other terms.
The words “include” and “including” shall not be construed as having any limiting effect.
Governing Law and Jurisdiction
All claims arising out of or relating to these Terms of Service will be governed by the laws of the Republic of Singapore. You and LWU consent to jurisdiction in those courts.
If you have any questions regarding these Terms of Service, please do not hesitate to contact us at firstname.lastname@example.org.