Welcome to Top Music Teachers! We are excited to have you as a member of our community! The following "Terms and Conditions" apply to your use of www.topmusicteachers.com (the "Website"), including any content and functionality, and to services offered on or via www.topmusicteacher.com and rendered either online or in person (the “Service”). Please read the Terms and Conditions carefully before you start using Top Music Teachers, since by accessing or using the Service or Website, You accept and agree to be bound by these Terms. If You do not agree with these Terms, You must not accept these Terms and may not use the Website or Service.
Top Music Teachers may revise these Terms and Conditions at any time. If we do, you will be asked to accept the new Terms the next time you log in. Top Music Teachers may add, remove, alter, suspend or discontinue any aspect of the Website or Service at any time.Purpose of Site
Top Music Teachers is an online marketplace that connects individual users seeking music lessons (“Students”) with professional music teachers offering private instruction (“Teachers”). www.topmusicteachers.com allows Teachers to create personal profiles for the purpose of marketing, communicating, scheduling and billing. Students may browse Teacher profiles without registering, but they must create a Student profile in order to book lessons or access other Website services such as messaging, scheduling and billing.
Code of Conduct
YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. Use the Top Music Teachers Website for any illegal purpose;
2. Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
3. Use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any patents, trademarks, copyrights, or any other proprietary or intellectual property rights;
4. Falsely imply that any statements or claims are endorsed by Top Music Teachers;
5. Create more than one Profile or Account;
6.Solicit Teachers to accept any employment, contract work or performances outside the scope of Top Music Teachers without the express written consent of the Top Music Teachers administration. Use the Top Music Teachers Services or any location information displayed within the Top Music Teachers Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
7. Use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
8. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Top Music Teachers Services accounts of other Users;
9. Modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;
10. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Top Music Teachers Website, features that prevent or restrict use or copying of any content accessible through the Top Music Teachers Website, or features that enforce limitations on use of the Top Music Teachers Website;
11. Use any robot, spider, scraper or other automated means to access the Top Music Teachers Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Top Music Teachers Website or modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website.Student-Teacher Contract Terms
Teachers offer their services through the Top Music Teachers Website as Independent Contractors. You acknowledge and agree that when a Student chooses a Teacher from our Website and the Teacher accepts the Student’s lesson request, Student and Teacher will be deemed to have entered into a Student-Teacher Relationship or "Service Contract" with each other. You acknowledge and agree that the formation of a Service Contract between Student and Teacher does not, under any circumstance, create an employment relationship between Top Music Teachers and the Teacher.
Teachers, by agreeing to these Terms and Conditions, affirm that they also agree to terms of the Teacher Agreement.
Exclusivity and Non-Circumvention
Top Music Teachers provides this online referral service at no cost to either Student or Teacher, and generates revenue only when a Student and a Teacher pay and receive payment through the Website. Therefore, you understand, acknowledge and agree that when you enter into a Student-Teacher relationship with any party through the Website, you must make and receive all payments to and from that party exclusively through the website. Furthermore, you acknowledge and agree that for 24 months following your last lesson with a Student or Teacher through the website, you may not make or receive any payments to or from that party outside of the Website.
You may not solicit any party to enter into any contract or accept work outside of Top Music Teachers, or in any other way circumvent the payment methods offered by the Website, without the express written consent of the Top Music Teachers administration. Furthermore, you agree to inform Top Music Teachers immediately if any Teacher or Student requests that you make or receive payments outside of the Website.
Lessons are provided at the rate chosen by each Teacher and advertised in the Teacher profile. Users acknowledge that these rates may change at any time; however, once a lesson package has been purchased the rate advertised at the time of purchase will be honoured for the duration of the lesson package.
Cancellations, Refunds and Disputes
You acknowledge that Students wishing to reschedule a lesson must submit a request to reschedule at least 48 hours before the scheduled lesson time. You understand and agree that lessons missed and not rescheduled at least 48 hours in advance will be charged to your account and will not be made up.
By agreeing to these Terms and Conditions, you are also agreeing to the terms of our Cancellation Policy.
You understand that you are responsible for taking reasonable precautions when interacting with Users. If you feel that any TMT User is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you must FIRST report such person to the police and THEN to TMT by contacting us at email@example.com. You agree that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
THE WEBSITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. TOP MUSIC TEACHERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT TMT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM TOP MUSIC TEACHERS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
Top Music Teachers provides an open marketplace for Students and Teachers. We do not verify and are not responsible for claims made or information or images posted in Teacher Profiles. Therefore You understand and acknowledge that you are solely responsible for your interactions with other Users, both on the Website and in person. You understand that Background Checks on our Teachers (indicated by the Background Check badge) are performed by our third party investigative service (“Backcheck”), and that we are not responsible for the quality or scope of the service. Furthermore, you understand that Teachers without the Background Check badge displayed not have undergone a background check, nor do we perform background checks on Students.
You understand and agree that we make no representations or warranties as to the quality of the service provided by individual Teachers or the compatibility of any teacher to any student. You understand that not all Teachers have submitted their credentials for verification.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS WHEN INTERACTING WITH OTHER USERS OFFLINE. YOU UNDERSTAND THAT YOU ARE NOT OBLIGED TO MEET OTHER USERS IN PERSON, AND THAT YOU DO SO AT YOUR OWN RISK.
TOP MUSIC TEACHERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL. THIS INCLUDES LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, US, OUR THIRD PARTY BACKGROUND CHECK SERVICE, ANY USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, EMOTIONAL DISTRESS, PHYSICAL INJURY AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF TOP MUSIC TEACHERS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS IN ALL CASES LIMITED TO THE AMOUNT PAID BY YOU TO US (IF ANY) DURING YOUR TERM AS A TOP MUSIC TEACHERS USER. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, THE SERVICE OR OTHERWISE.We are not responsible for the conduct, whether online or offline, of any Top Music Teachers User. We assume no responsibility for evaluating or verifying the accuracy of any information posted by a Teacher on the Website, and we are not responsible for any unsuitable, offensive or obscene materials that may be posted by authorized or unauthorized users. We have not inspected the location where any instruction will be provided. Under no circumstances will we or any of our employees, contractors, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from any use of the the Service, any content posted on the Website or transmitted to Users, or any online or offline interactions between Users of the Website. Although each User must agree to these Terms of Service, we disclaim any responsibility for ensuring a User’s compliance with any applicable laws or with the Terms stated in this document. We are not responsible for the use of any personal information that you post publicly on the Website.
You hereby release and forever discharge Top Music Teachers (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other Top Music Teachers Users or (2) any third party site, products, services, and links included on or accessed through the Top Music Teachers Website.
You agree to indemnify, defend, and hold Top Music Teachers (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to your use of the website or service or otherwise related to the business we conduct on the website. Top Music Teachers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org.