Beethoven at Home Terms of Use

Last Updated: 2011-03-15

Beethovenathome.com is referral and billing service operated by Beethoven at Home Inc. (hereafter "us" "we" or "BAH") connecting clients ("Clients") with independent music Teachers (hereafter "Teachers"). By using Beethovenathome.com (the "Website") and/or making use of any other service, including the Website, any hosted tools or services provided by teachers (the "Service(s)"), you agree to be bound by our Terms of Use (this "Agreement"), regardless of whether or not you use the site as a "Client" or "Teacher". If you wish to use the Website, any Service or become a Member, you must read, comply with and agree to be bound by the terms of this Agreement. Do not use the Website or any Service(s) if you object to anything in this Agreement.

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Terms of Use - Acceptance

This Agreement is an electronic contract that sets out legally binding terms for your use of the Website and/or our Service(s). This Agreement includes our Privacy Policy (posted on the website), Client Policies (posted on the site, in any welcome letter and on our invoices), Teacher Policies (provided as part of creating a Teacher profile), our billing policies and any further terms of use on the Website, which are all incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting on the Website. Particular areas of the Website may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of the Website, the latter terms and conditions will take precedence with respect to your use of or access to that specific area of the Website, but this Agreement shall still control. You have the right to receive this Agreement in non-electronic form by sending a written request and self-addressed stamped envelope to: Beethoven at Home Inc., 170-422 Richards Street Vancouver, BC V6B 2Z4, Canada.

Eligibility

Participation in our services is void where prohibited. Any access to the Website or use of our Service(s) by a minor is expressly prohibited and requires consent to this Agreement by their parent or guardian. By accessing or using this Website and/or Service(s), you represent and warrant to us that you are an adult or, if you are a minor, you have obtained proper consent from your parent or guardian for your use of the BAH Website, Service(s) and this Agreement. If you access the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. Your use of the Website, represents and warrants that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

A Basic Definition of the BAH Working Process

We are referral and billing service for Clients and independent music Teachers. For Teachers, we offer our services to support instruction including marketing, scheduling, and billing tools. Teachers can also apply to be listed on the Website where prospective Clients can review their Teacher Profile, communicate with Teachers and book and pay for lessons and other services ancillary thereto (called a "Teacher Profile"). For Clients, we provide a marketplace to find a suitable independent music Teacher and schedule lessons and other services ancillary thereto. Users are able to review Teacher Profiles as an unregistered visitor to the Website; however, if you wish to book a lesson you must complete the appropriate form including billing information. After we receive the contact information of the Client is sent to the Teacher and vice versa. If you confirm a lesson date with our Teacher they will report the first lesson date(s) (if any is set) to our administration and the client will be charged the registration fee and the first two lesson fees and travel fee (if applicable). Lessons occurring after the first two lessons will be invoiced in the first regular billing cycle.

BAH Client Accounts and Teacher Profile(s)

Providing information to BAH through the website will create a BAH account. A Member may not have more than one active BAH Account. We reserve the right to suspend or terminate your BAH Account and your access to the Website for any reason.

a. BAH Client Accounts

As a BAH Client/Client you must continually comply with this Agreement and the Client Policies set forth here. Additional terms and conditions of service may be contained within your BAH Client/Client account.

b. BAH Teacher Profile and Teacher Agreement

Creating a Teacher Profile on the Website (which is reviewed and accepted) will create a BAH Teacher Profile visible to the public on our website. Acceptance of your Teacher Profile on the Website is at our sole discretion and we may remove Teacher Profiles from the Website at any time for any reason. Any Teacher Profile you post (a) must not breach any agreements you have entered into with anyone, including this Agreement; and (b) must contain accurate, current and complete information. If you are accepted and your Teacher Profile is presented on the Website, you must continually comply with this Agreement (Terms of Use) and the supplementary Teacher Agreement set forth and agreed to upon creating a Teacher Profile. Certain elements of the Teacher Agreement are proprietary to the way we do business and are not available here. Only BAH Teachers may access the Teacher Agreement. The Teacher Agreement can be accessed from your Teacher Profile or by requesting a written copy from You may request a written copy of the agreement from: Beethoven at Home Inc., 170-422 Richards Street Vancouver, BC V6B 2Z4, Canada.

c. Independent Contractor Status of Teachers

When a BAH Client chooses a Teacher from our Website, you engage us to provide services to you through our network of independent contractors. You acknowledge that Teachers are independent contractors who operate a separate and distinct business from BAH. As such, we do not control the manner or method of service to you, exercise no control over the working relationship and do not warrant the service of any Teacher. We urge all users of the Website to be responsible, sensible and careful about their use of the Service and any transaction entered into as a result of a Teacher Profile on the Website.

d. Disclaimer

We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability or authenticity of any information contained within the Teacher Profile(s) or of any information posted by a Teacher on the Website. We assume no responsibility for ensuring a Teacher or Client's compliance with any applicable laws, rules and regulations or this Agreement. We have not physically inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of the Website or provider of Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.

Additionally, we cannot and do not guarantee that the material and content posted by each Member to be true and warranted. We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Website, and/or that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Website. Please carefully select the type of information that you post on the Website or release to others.

Beethoven at Home Inc. disclaims all and every liability, regardless of the action's formation, for the acts and omissions of other members or users (unauthorized users included), regardless of whether these omissions or actions happen as the result of the use of our Service(s), website or any factor or result of any kind.

e. Code of Conduct

Every Client and Teacher of the BAH website agrees not to:

Use the Service(s) or website for unlawful purposes;
Alter or manipulate any part of the site by hacking or altering code.
Attempt to obtain information from the site by altering it in any way.
Attempt to attain information of clients or teachers for any purpose.
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Broadcast content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Violate in any way Canada's anti-spam legislation.
Reverse engineer, modify, adapt, sublicense, translate, sell, decompile or disassemble any portion of the Website;
Modify, remove or transform any copyright, trademark, or other proprietary rights notices contained in the Website;
Attempt to mirror, frame or duplicate" any part of the Website without our prior written authorization;
Use any robot, spider, site search/retrieval application, or data mining device or process;
Use any likeness, text or private information from the website without written consent from Beethoven at Home Inc.
Create more than one Teacher Profile without our express written consent;
Share passwords, access or personal information including but not limited to teacher and client addresses, phone numbers and emails with any party outside the relationship between Beethoven at Home, the Teacher and the Client.
Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances or any other service.
Attempt to obtain teacher or client information by devious means to any form of solicitation outside the Beethoven at Home Teacher/Client relationship.
Engage in any communication related to sexual conduct, nudity, or which expresses profanity.

Pricing

Beethoven at Home instruction rates for Clients are published on our rates page on the site and are subject to change at any time. BAH Teachers are obligated to honor the prices established at the time of payment.

Term

This Agreement will remain in full force and effect while you use the Website and/or are a Teacher or Client of Beethoven at Home. You may terminate your membership at any time, for any reason, by calling us at 800-380-0850, or by sending written notice of termination to Beethoven at Home Inc., 170-422 Richards Street Vancouver, BC V6B 2Z4.

To aid us in analyzing and improving our Service, you may be asked to provide a reason for your resignation/cancellation. We may terminate your right to communicate with a Beethoven at Home client or teacher by sending notice to you at the email address you have provided when booking an interview, or such other email address as you may later provide to us. If we terminate your agreement because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees or any teaching fees owing to you. All decisions regarding the termination of lessons shall be made at our sole discretion. We are not required to provide you notice prior to termination of any access, Service(s), Profiles or any other privilege or entitlement. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.

Client Non-Circumvention

During the term of this Agreement and for two years thereafter, no Client shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Client or Teacher introduced by us through the Website or any Service, without our consent. In case of such circumvention, the Client agrees and guarantees that such Client and/or Teacher will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Teacher and/or Client not circumvented our rights under this Agreement. Clients who directly solicit our teachers to circumvent our agreement will be charged the full registration fee without refund and will be blocked from using the service. All teacher calls and communications are monitored and recorded for adherence to our agreements and for quality control.

Teacher Non-Circumvention

During the term of this Agreement and for two years thereafter, no BAH Teacher shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Client introduced by us through the Website or any Service, without our consent. In case of such circumvention and breach of the BAH Teacher Agreement, the Teacher agrees and guarantees that the Teacher will immediately pay liquidated damages to BAH at the rate of $1200.00 per student.
Right to revoke use of the website
Your use of the website and or service may be revoked at any time, for any reason, at our sole discretion. Illegal and/or unauthorized uses of the Website may be referred for criminal prosecution.

Teacher Profile Confidentiality

You are responsible for maintaining the confidentiality of your BAH Teacher Profile username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Teacher Profile, whether or not you have authorized such activities or actions. You agree to (a) propmtly notify us of any unauthorized use of your username or password or any other security breach, and (b) to ensure that you logout from your account at the end of each session. Beethoven at Home will not be held liable for any loss or damage arising from your failure to comply with these provisions. One should use particular caution when accessing their account from a public or shared computer so that others are not able to view or record your password or other personal information.

Client/Teacher Interactions and Our Limitation of Liability

A. You alone are solely responsible for all interactions resulting from your participation on the site either as a client, teacher or resulting from your use of the service. You understand that BAH uses www.backcheck.ca to perform criminal background checks on teachers. This process is initiated upon a teacher's first student inquiry. This is not the same as a vulnerable sector search. You may request your teacher to provide a vulnerable sector search as many will have one on file already. No BAH teacher is obligated to provide this check. Our background check is regular criminal records check that additionally includes a search of local police records which gives us greater insight into a teacher's actual suitability. We make no representation or warranties as to the deportment, conduct and or the compatibility of any teacher to a particular client.

B. Meeting offline with a client or teacher is not mandatory. Please take normal precautions when meeting with a teacher or client and do not leave minors unattended. Teachers will immediately inform the BAH administration of anything that makes them feel uncomfortable. Any physical or verbal action viewed as inappropriate, harrasing, sexual or demeaning must be reported to the BAH administration immediately and both parties must not resume contact or the relationship until it has been fully resolved and only if both parties wish to do so. As a small business we do not make guarantees about the conduct or deportment of any teacher or client. Meeting with clients or teachers is at the risk and obligation of the individual client or teacher and the client or teacher assumes 100% of the liability for meeting a teacher or client and any outcome of said meetings and or the service.

C. Beethoven at Home is not liable to you or any other party, whether direct, indirect, general, compensatory, resultant, exemplary, and/or incidental, inclusive of lost profits, resulting from any omissions on our part or related to, Beethoven at Home Inc., our third party services (inclusive of but not limited to www.backcheck.ca), any person or party related to the website or the service, this includes without limitation, bodily injury, emotional distress, and any other resultant damages from, communications and meetings with teachers or clients introduced through the system.

D. Notwithstanding anything that contradicts these terms of use, Beethoven at Home and its employees and directors are not liable to you regardless of the form of any action objectionable to you and will at all times be limited to 25% of the total transactions paid to you by Beethoven at Home within the past 4 months.

Proprietary Website Content

A. Rights Proprietary

The Website contains the copyrighted material, trademarks, and other proprietary information of BAH, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

b. Reliance on Content, Advice, Etc.

Opinions, advice, statements, reviews, offers, or other information or content made available through the Service or on the Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Teacher Related Content

As a teacher, you are be able to post content on the Website, including uploading photos and text. You are solely responsible for the content that you publish or display (hereinafter, "post") on the Website or Service, or transmit or display to other Clients or Teachers. You will not post on the Website or Service, or transmit or display to others, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

By posting Content to any public area of the Website (Teacher Profiles), you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.

Furthermore you grant BAH unlimited license to use your information and provided images for the purposes of marketing the company and your Teacher Profile. This will include public posting of said materials to social media sites and other web and print media including but not limited to: Facebook, Twitter, LinkedIn, Google, Google Adwords, Yahoo, Bing, Google Maps, Google Places, YouTube, Vimeo, Blogs, Pinterest, Instagram etc.) as well as the BAH website, blog or any apps we create for the purposes of marketing and promoting your Teacher Profile.

Modifications to Service(s)

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service(s).

BAH & Copyright

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us immediately at info@beethovenathome.com.

Client/Teacher Disputes

You are solely responsible for your interactions with our Teachers and Clients. We reserve the right, but not the obligation, to monitor disputes between you and other Teachers and Clients.

Privacy and Communications

Use of the Website and/or the Service is also governed by our Privacy Policy. Use of the website or services gives us the right to communicate with you by phone, mail or email. Emails may be transactional or relationship communications relating to the Service(s), such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.

Release and Indemnification

You agree to indemnify Beethoven at Home Inc., our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service(s), including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

External Links

Our communications and Website and Service(s) may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

Monitoring of Communications

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

Miscellaneous

This Agreement represents the entire agreement between You and Beethoven at Home Inc. regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario, Canada. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with Beethoven at Home Inc., shall be resolved through arbitration, with such arbitration to be held in Haileybury, Ontario, Canada.

Additionally, except where prohibited by law, as a condition of using the Services, You agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of Beethoven at Home Inc. Beethoven at Home Inc. may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

2011 Beethoven at Home

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