LONDON MUSIC TEACHERS
TERMS & CONDITIONS FOR ADVERTISERS
These Terms & Conditions set out the terms under which Listings are sold by Us on Our website, londonmusicteachers.co.uk (“Our Site”). Please read these Terms & Conditions carefully and ensure that You understand them before purchasing and submitting a Listing. You will be required to read and accept these Terms & Conditions when completing Your purchase. If You do not agree to comply with and be bound by these Terms & Conditions, You will not be able to purchase and submit a Listing to Our Site.
1. Definitions and Interpretation
1.1 In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase of a Listing, as explained in Clause 4 below;
means any business featured in a Listing;
means a directory listing posted on Our Site by a User, in exchange for a fee, providing details of a Listed Business;
means Our acceptance and confirmation of Your purchase of a Listing;
means the reference number for Your Listing;
means a user of Our Site; and
“You / Your”
means a User of Our Site who wishes to purchase a Listing
2. Information About Us
2.1 Our Site, londonmusicteachers.co.uk, is owned and operated by London Music Teachers Ltd, a limited company registered in England under company number 12240117, whose registered address is 21 Fleet Street, City of London, EC4Y 1AA.
3. Application of Terms & Conditions
3.1 These Terms & Conditions constitute the entire agreement between Us and You with respect to Your purchase of a Listing from Us. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms & Conditions, and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
3.2 You acknowledge and agree that We are providing an advertising portal for Listed Businesses and that nothing in these Terms & Conditions is intended to, or shall be deemed to, establish any employment relationship, partnership or joint venture between You and Us, make any party the agent of another party, or authorise any party to make or enter into any contractual commitments for or on behalf of any other party.
4. Purchasing a Listing
4.1 Our Site will guide You through the process of inputting and purchasing Your Listing.
4.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Listing constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Listing Confirmation by email. Only once We have sent You a Listing Confirmation will there be a legally binding Contract between Us and You.
4.3 We reserve the right not to accept Your offer to purchase a Listing for any reason (including, but not limited to, the inclusion in Your Listing of any inappropriate content and/or false or misleading information).
4.4 In the unlikely event that We do not accept Your Listing for any reason, We will explain why in writing. If We have taken payment any such sums will be refunded to You.
4.5 Any refunds due under Clause 4.4 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
4.6 Refunds under Clause 4.4 will be made using the same payment method that You used when purchasing Your Listing.
5.1 Payment for Listings must always be made in advance. Your chosen payment method will be charged:
5.1.1 when We process Your order and send You a Listing Confirmation; and
5.1.2 on each renewal date.
5.2 Payments due from You must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
5.3 We accept the following methods of payment on Our Site:
5.3.2 Stripe; and
5.3.3 Bank transfer.
5.4 If You do not make any payment due to Us on time, We will not make Your Listing available on Our Site (or, in the case of a renewal, will suspend its availability on Our Site). If You do not make payment within 7 calendar days of Our reminder, We may cancel the Contract, and will inform You of the cancellation in writing.
6. Listings, Pricing and Availability
6.1 We may from time to time change Our pricing. Changes in price will not affect any Listing that You have already purchased but will apply to any subsequent renewal of a Listing or a new Listing.
6.2 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Listing that You have already placed (subject only to Clause 6.5 regarding changes to the VAT rate).
6.3 All prices are checked by Us before We accept Your order for a Listing. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Listing at the correct price or to cancel Your order. We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 calendar days, We will treat Your order as cancelled and notify You of this in writing.
6.4 If We discover an error in the price of Your Listing after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 11.3.
6.5 Prices on Our Site are shown exclusive of VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.1 You agree that You will be solely responsible for Your Listing and its content. We accept no responsibility for the content of Listings. Specifically, You agree, represent, and warrant that:
7.1.1 You have the right to submit the Listing;
7.1.2 all the information in the Listing is accurate and truthful;
7.1.3 all such information will be kept accurate and up-to-date;
7.1.4 no personal data will be included in the Listing that You do not have the right to include; and
7.1.5 the Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 8.
7.2 You agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us (and Our officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees) for:
7.2.1 any breach of the warranties given by You under sub-Clause 7.1; and
7.2.2 any claim or demand made by any third party due to or arising out of the content of Your Listing and / or Your use of Our Site and/ or any breach by You of these Terms & Conditions.
7.3 You (or Your licensors, as appropriate) retain ownership of the content of Your Listing and all intellectual property rights subsisting therein. By submitting a Listing, You grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Listing for the purposes of operating and promoting Our Site.
7.4 Your Listing will be made available on Our Site immediately when We send You a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation (including any renewals), or until the Contract is otherwise ended.
7.5 In some limited circumstances, You agree that We may need to suspend the availability of Listings for reasons including, but not limited to, fixing technical problems on Our Site. If Your Listing is suspended for such reasons, We will inform You in advance of the suspension whenever possible, explaining why it is necessary.
7.6 If You wish to remove Your Listing from Our Site before its expiry, You may do so by giving us notice in writing to email@example.com. Removing a Listing also revokes the licence granted to Us to use that Listing under Clause 7.3. Please note, however, that caching or references to Your Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). Removing a Listing before its expiry under this sub-Clause 7.6 will not entitle You to any refund.
7.7 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings. Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.
8. Acceptable Usage Policy
8.1 You may only post a Listing in respect of Your business activities as a music teacher. Listings may not be posted on Our Site for any other type of business.
8.2 When submitting a Listing, You must not submit or otherwise do anything that:
8.2.1 is sexually explicit;
8.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
8.2.3 promotes violence;
8.2.4 promotes or assists in any form of unlawful activity;
8.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
8.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.2.7 is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);
8.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that You do not have a right to;
8.2.9 misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive;
8.2.10 implies any form of affiliation with Us where none exists;
8.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trademarks, and database rights) of any other party; or
8.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.3 We reserve the right to suspend or terminate Your Listing and Your access to Our Site if You materially breach the provisions of this Clause 8. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions:
8.3.1 issue You with a written warning;
8.3.2 take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
8.3.3 take further legal action against You as appropriate;
8.3.4 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
8.3.5 any other actions which We deem reasonably appropriate (and lawful).
8.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take under this Clause 8 in response to breaches of these Terms & Conditions.
9. Problems with Our Service
9.1 We will provide Our service to You with reasonable care and skill, consistent with best practices and standards in Our market. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with Your Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible via firstname.lastname@example.org. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
10. Ending the Contract before expiry
10.1 You may cancel the Contract and remove Your Listing at any time. However subject to Clause 11 (outlining Your rights to cancel arising due to something done by Us), We cannot offer any refunds and the Contract will end.
10.2 Cancellation requests should be sent to us at the following email address: email@example.com. You must provide us with Your name, address, email address, telephone number and Listing ID. Cancellation by email is effective from the date on which You send Us Your message.
10.3 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our services, however please note that You are under no obligation to provide any details if You do not wish to.
11. Ending the Contract Because of Something We Have Done (or Will Do)
11.1 You may end the Contract at any time if We have informed You of a forthcoming material change to Our services, or to these Terms & Conditions that You do not agree to. A change is material if it has a significant impact on your rights and obligations under the Contract. If the material change is set to take effect or apply to You before the expiry or renewal date of Your Listing, We will issue You with a pro-rated refund equal to the time remaining on Your Listing. If the material change will not take effect or apply to You until the expiry or renewal date of Your Listing, the Contract will end on the expiry or renewal date and no refund will be due.
11.2 If an event outside of Our reasonable control occurs and continues for more than 4 weeks, You may end the Contract immediately. See Clause 13 for more information on events outside Our reasonable control. If You end the Contract for this reason, We will issue You with a pro-rata refund equal to the time remaining on Your Listing.
11.3 If We inform You of an error in the price of Your Listing and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
11.4 You also have a legal right to end the Contract at any time if We are in material breach its terms. You may also then be entitled to a full or partial refund.
11.5 If You wish to exercise Your right to cancel under this Clause 11, You may inform Us of Your cancellation by email to firstname.lastname@example.org, providing Us with Your name, address, email address, telephone number, and Listing ID.
11.6 Refunds under this Clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
11.7 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Listing, unless You specifically request that We make a refund using a different method.
12. Our Liability
12.1 We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with a Contract between You and Us.
12.2 Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by You under the Contract in question.
12.3 Nothing in these Terms & Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms & Conditions:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimise the delay;
13.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms & Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
13.2.5 If the event outside of Our control continues for more than 4 weeks, We may cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled. Refunds will be made using the same payment method that You used when purchasing Your Listing;
13.2.6 If an event outside of Our control occurs and continues for more than 4 weeks and You wish to cancel the Contract as a result, You may do so as described in Clause 11.2.
14. Contacting Us.
14.1 You may contact Us by email at email@example.com if you:
14.1.1 have general questions or complaints;
14.1.2 wish to contact us regarding Listings; or
14.1.3 wish to cancel the Contract.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may use will be collected, processed, and held in accordance with (1) the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR, unless and until the GDPR is no longer applicable in the United Kingdom; and (2) any legislation which succeeds GDPR.
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under the Contract will not be affected and Our obligations will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights hereunder without Our express written permission.
16.3 The Contract is between You and Us. Save for the indemnity in Clause 7.2, it is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms & Conditions.
16.4 If any of the provisions of these Terms & Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms & Conditions. The remainder of these Terms & Conditions shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms & Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms & Conditions means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms & Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We make material changes to these Terms & Conditions as they relate to Your Listing, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see Clause 11.1 above).
17. Law and Jurisdiction
17.1 These Terms & Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any disputes concerning these Terms & Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.