Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MUSICING PLATFORM.

By accessing or using music_ing (the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you must not use the Platform. These Terms constitute a legally binding agreement between you and Music_ing Limited.

1. About Us

1.1 The Platform is operated by Music_ing Limited, a company registered in England and Wales under company number 17139708, whose registered office is at The Union Building, 51-59 Rose Lane, Norwich, England, NR1 1BY

1.2 Music_ing is an online platform connecting learners, musicians and educators through live sessions, peer mentoring, and social learning tools. The Platform is accessible at www.musicing.net and through associated applications.

1.3 You can contact us at: info@musicing.net

2. Definitions

In these Terms, the following definitions apply:

- "Account" means the registered account you create to access the Platform.

- "Content" means any text, audio, video, images, profiles, reviews, messages or other material posted on or transmitted through the Platform.

- "Educator" means any user who offers teaching, tutoring, mentoring or instruction services through the Platform.

- "Learner" means any user who accesses the Platform to receive tuition, mentoring or peer-learning services.

- "Session" means a live or recorded interaction between an Educator and a Learner facilitated through the Platform.

- "Subscription" means a recurring payment plan granting access to specified Platform features.

- "We / Us / Our" means Music_ing Limited.

- "You / Your" means the individual or entity accessing or using the Platform.

3. Eligibility and Account Registration

3.1 You must be at least 18 years of age to create an Account and use the Platform independently. Users aged 13–17 may use the Platform only with verifiable parental or guardian consent. Users under 13 are not permitted to register.

3.2 By registering, you confirm that all information you provide is accurate, current and complete, and you agree to keep it updated.

3.3 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. Notify us immediately at the contact details above if you suspect any unauthorised use.

3.4 We reserve the right to refuse registration or suspend any Account at our discretion, including where we have reason to believe information provided is false or misleading.

4. Platform Services

4.1 music_ing provides a marketplace and social learning environment. We facilitate connections between Learners and Educators but are not a party to any agreement made between them. We are not responsible for the quality, safety, legality or suitability of any Session provided by an Educator.

4.2 We offer the following service tiers, subject to applicable Subscription fees:

- Free tier: limited access to Platform discovery, profile browsing and community features.

- Learner Subscription: access to booking, session scheduling, peer mentoring tools, and learning resources.

- Educator Subscription: access to profile listing, session management, booking tools, communication features, and analytics dashboard.

4.3 We reserve the right to modify, suspend or discontinue any feature or service tier at any time, with reasonable notice where practicable.

4.4 The Platform is intended for personal, non-commercial use unless you have entered into a separate commercial agreement with us.

5. Subscriptions, Payments and Cancellation

5.1 Subscription fees are as displayed on the Platform at the time of purchase. All prices are inclusive of VAT where applicable.

5.2 Subscriptions are billed in advance on a monthly or annual basis depending on the plan selected. Payment is processed via our authorised payment provider.

5.3 Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your Subscription at any time through your Account settings; cancellation takes effect at the end of the current billing period.

5.4 Refunds: if you cancel within 14 days of your initial Subscription purchase and have not used the Subscription features, you are entitled to a full refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. After 14 days, or if you have used the features, no refund is due for the remaining period.

5.5 Session fees paid directly to Educators are subject to separate arrangements between you and the Educator. We may charge a platform service fee on such transactions, as disclosed at the time of booking.

5.6 We reserve the right to adjust pricing with not less than 30 days' notice. Continued use of the Platform following a price change constitutes acceptance of the new pricing.

6. Educator Obligations

6.1 Educators are independent contractors, not employees or agents of Music_ing Limited. You are solely responsible for the content and delivery of your Sessions, your compliance with applicable laws, and any safeguarding obligations relevant to your teaching activities.

6.2 Educators who work with users under 18 must hold appropriate safeguarding clearance (e.g. DBS Enhanced Disclosure in the UK, or equivalent in other jurisdictions) and must make this available to us on request.

6.3 Educators must not: misrepresent their qualifications; solicit payment outside the Platform; share contact details with Learners for the purpose of bypassing Platform fees; or engage in any conduct that could bring the Platform into disrepute.

6.4 By listing on the Platform, you grant us a non-exclusive, royalty-free licence to use your profile information, name, image and Session descriptions for the purpose of promoting the Platform and your services on it.

7. Acceptable Use and User Conduct

7.1 You agree not to use the Platform to:

- Post, transmit or distribute Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable.

- Infringe any intellectual property, privacy or other rights of any third party.

- Impersonate any person or entity or misrepresent your affiliation.

- Transmit unsolicited commercial communications ("spam").

- Introduce malware, viruses, or any code designed to disrupt or damage the Platform or its users.

- Attempt to gain unauthorised access to any part of the Platform or its systems.

- Harvest or collect personal data of other users without consent.

- Use the Platform for any illegal purpose or in violation of any applicable law or regulation.

7.2 We reserve the right to remove any Content and to suspend or terminate any Account that breaches this clause, without prior notice.

8. Content and Intellectual Property

8.1 All intellectual property rights in the Platform, including its design, software, trademarks and underlying technology, are owned by or licensed to Music_ing Limited. Nothing in these Terms transfers any such rights to you.

8.2 You retain ownership of Content you post on the Platform. By posting Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, adapt, publish, translate and distribute that Content in connection with the operation and promotion of the Platform.

8.3 You represent and warrant that you own or have the necessary rights to post any Content you submit, and that such Content does not infringe the rights of any third party.

8.4 We respect intellectual property rights. If you believe Content on the Platform infringes your copyright, please contact us at the address above with details of the alleged infringement.

9. Privacy and Data Protection

9.1 We process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.

9.2 The Platform may include links to third-party websites or services. We are not responsible for the privacy practices or content of those third parties.

10. Safeguarding and Child Protection

10.1 The safety of young people using the Platform is our highest priority. We comply with our obligations under the Online Safety Act 2023 and applicable safeguarding legislation.

10.2 If you become aware of any Content or conduct on the Platform that puts a child at risk, you must report it to us immediately at ben@musicing.net and, where appropriate, to the relevant statutory authority.

10.3 We operate a zero-tolerance policy towards child sexual abuse material (CSAM) and any grooming behaviour. We will report such material to the Internet Watch Foundation and law enforcement authorities without notice.

11. Disclaimers and Limitation of Liability

11.1 The Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.

11.2 To the fullest extent permitted by law, we exclude all implied warranties, representations and conditions relating to the Platform and its use.

11.3 Nothing in these Terms limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter which cannot be excluded or limited by law.

11.4 Subject to clause 11.3, our total aggregate liability to you arising out of or in connection with these Terms shall not exceed the greater of: (a) the total fees paid by you to us in the 12 months preceding the event giving rise to the claim; or (b) £100.

11.5 We are not liable for any loss or damage caused by: the acts or omissions of Educators; any Session delivered through the Platform; or interactions between users of the Platform.

11.6 If you are a consumer, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation.

12. Suspension and Termination

12.1 You may close your Account at any time by contacting us or through your Account settings. Subject to any accrued rights, these Terms will terminate on closure.

12.2 We may suspend or terminate your Account and access to the Platform immediately if: (a) you breach these Terms; (b) we are required to do so by law; or (c) we reasonably believe your use of the Platform poses a risk to other users.

12.3 On termination, all licences granted under these Terms will cease. Provisions that by their nature should survive termination (including clauses 8, 11, and 14) will continue to apply.

13. Changes to These Terms

13.1 We may revise these Terms from time to time. We will notify registered users of material changes by email or through the Platform at least 14 days before the changes take effect.

13.2 Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Platform and close your Account.

14. Governing Law and Dispute Resolution

14.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14.2 If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your country of residence.

14.3 Where you are a consumer in the European Union, you may also be entitled to use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14.4 We aim to resolve all disputes informally in the first instance. Please contact us at legal@musicing.net before commencing any legal proceedings.

15. General Provisions

15.1 If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.2 Our failure to enforce any right under these Terms does not constitute a waiver of that right.

15.3 These Terms, together with our Privacy Policy and any Educator Services Agreement (where applicable), constitute the entire agreement between you and us relating to your use of the Platform and supersede all prior agreements or representations.

15.4 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations to any group company or successor to our business.

ACCEPTANCE OF THESE TERMS

By creating an account or using the music_ing Platform, you confirm that you have read, understood and agree to be bound by these Terms and Conditions, together with our Privacy Policy and Cookie Notice (available at www.musicing.net/privacy).

If you are accepting on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.