The content of this website is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken in relation to the specific circumstances of each case and nothing appearing on this site is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional. The Specimen Agreements on this website are strictly for information purposes only and not for use.
The information on this site is provided without warranty of any kind, either express or implied and neither the Musicians’ Union nor any of the contributors to this site accept any responsibility or liability for any loss which may arise from any reliance on such information nor for any typographical or other errors or omissions within any web page.
All pages on this website are protected by copyright. Pages may be downloaded or printed for the personal use of Musicians’ Union members but shall not be distributed or copied for any commercial purpose or used in any other work or publication. All rights of the copyright owner(s) are hereby reserved.
In accessing this website you hereby agree to and accept the above and the following terms and conditions
General Terms & Conditions for Users
These are the terms which cover the use of the Musicians’ Union website. They should be read with the standard membership terms and conditions of the Musicians Union, 60—62 Clapham Road, London, SW9 0JJ, our Site terms of use and our privacy policy. Please read these terms carefully, they set out the basis on which you are allowed to use this web site, the information contained within it and services provided by Us. They protect you as a user of the Site and prevent the Site from being used for any illegal or offensive purposes.
If you are using the Site you agree to be bound by these Terms in respect of the matters described in the Terms. If you do not wish to be bound by these Terms you should exit the Site.
We may amend these terms at any time. Any amendments will be posted to the website and you shall be bound by such amended terms thirty days after the date of posting or earlier upon your use of the Site.
1. Definitions
— “Content” means any information on the Site including without limitation text, photographs or other images;
— “Find a Teacher” means the facility provided by Us whereby the public can search for Members who are music teachers registered with Us via our web site;
— “Member” means an individual who is a member of the Musicians Union;
— “Registration” means registration for the “Find a Teacher” facility;
— “Site” means the Musicians Union web site and each page of such website from time to time;
— “Terms” means these terms and any document referred to in these terms;
— “We” or “Us” means the Musicians Union, 60—62 Clapham Road, London, SW9 0JJ.
2. General use of the Site
2.1 You must use the Site in a positive and responsible way and respecting the rights and position of others and in particular you must not post any Content or use the Site in any way that is or may be considered to be:
2.1.1 in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998;
2.1.2 capable of infringing any other person or other entity’s intellectual property rights (including but not limited to copyright, trademarks, design rights or database rights);
2.1.3 in breach of any applicable law, whether criminal or otherwise; or in a manner which would involve Us or any other person in any breach of the law; or
2.1.4 offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.
2.2 In addition, you must not use the Site to:
2.2.1 abuse, harass, stalk or threaten others;
2.2.2 upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer or attempt to bypass any of the security measures implemented on the Site or any of the systems connected with the Site;
2.2.3 upload files which contain an active hypertext link to another web site.
2.2.4 You must not frame or link to the Site or any part of it without our express permission.
2.3 We shall be entitled at any time to:
2.3.1 alter the design or presentation of the Site or the “Find a Teacher” facility without notice to you and without incurring any liability;
2.3.2 delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability;
2.3.3 block or withhold your access to the Site if your Membership or Registration is terminated, if we have reasonable grounds to suspect any breach by you of these Terms or, that we have or may incur any liability in connection with the Site, or if your use or Content is otherwise inappropriate.
3. Passwords
3.1 To access various sections of our Site you may be required to choose a username and password. You are responsible for all actions taken under that username and password and shall only use the Site using your own username and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer your username to any other person. You shall also not permit, either directly or indirectly, any other person to use your username and password.
3.2 You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
4. Intellectual Property
4.1 All intellectual property rights and goodwill in or relating to the Musicians Union including the name, logo and any associated rights, belong to Us. Subject to the Clauses above, all intellectual property rights and goodwill in or relating to the Content belongs to Us or our partners or licensors.
4.2 Pages may be downloaded or printed for the personal use of Members but shall not be distributed or copied for any commercial purpose or used in any other work or publication.
4.3 Except as expressly specified in Clause 4 above or as clearly stated on the Site, nothing in these Terms may be construed as granting any licence or right to use any intellectual property of Us, our partners or licensors without our express written permission.
5. Data Protection
5.1 You may provide us with personal information about yourselves [and others]. Generally this information is requested when you register with us for the “Find a Teacher” facility or register for Membership.
5.2 When you register for the “Find a Teacher” facility, you agree that the information you provide will be available for anyone to view. If you do not wish the information provided by you to Us to be available to view you should not register for the “Find a Teacher” facility.
5.3 Further information on our use of personal data can be found in our privacy policy which forms part of these Terms and is available on the Site.
6. Limitation of Liability and Disclaimers
6.1 Nothing in these Terms operates so as to exclude, limit or restrict Our liability for death or personal injury or our liability for fraud or fraudulent misrepresentation.
6.2 The Site is provided on an “as is” basis and to the fullest extent permitted by law does not make and expressly excludes all representations (except for fraudulent misrepresentation) and warranties of any type with respect to the Site and its Content. We do not control and are not responsible for any information posted by Members. We do not warrant the accuracy of this or any other information in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it. Any recommendation or other information on any area of the Site is used by you at your own risk. Specimen Agreements are strictly for information purposes only and not for use.
6.3 Any link on the Site is provided in good faith solely for your information and convenience. A link does not represent any endorsement or recommendation by Us and does not mean that we have any association with the linked web site. We are not responsible for the content of any linked web site.
6.4 Every effort is made to keep the Site up and running smoothly, however We take no responsibility for, and will not be liable for, the Site being unavailable.
6.5 We will not be liable to you or any third party for any claim to the extent that the same is characterised as a claim for, or arising from:
6.5.1 loss of profits or anticipated savings;
6.5.2 loss of goodwill or injury to reputation;
6.5.3 loss of business opportunity;
6.5.4 loss of data;
6.5.5 loss as suffered by third parties;
6.5.6 indirect, consequential or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether We knew or had reason to know of the possibility of the loss, injury or damage in question.
6.6 We are not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or any failure, error or delay in the sending or receiving of any communication).
6.7 Without affecting the rest of these Terms, the total liability of Us to you under these Terms (whether arising in negligence or otherwise) will not exceed £50 We exclude all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the Site.
6.8 You agree to indemnify Us against all liabilities, claims and expenses that may arise from any breach of these Terms by you, your employees or agents from any use of the Site or from any of the information provided by you.
7. General
7.1 If any term of these Terms is held to be invalid or unenforceable by judicial decision, the rest of the Terms shall remain valid and enforceable.
7.2 We reserve the right to change these Terms from time to time. If we change these Terms, we shall notify you of this fact on the home page of the Site and shall post the new version on the Site. You shall be bound by such amended terms thirty days after the date of posting. You should check the Terms periodically to ensure that you are aware of and complying with the current version.
7.3 These Terms and any documents referred to in them are governed by and construed in accordance with the laws of England and Wales and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
7.4 These Terms constitute the entire agreement between us in respect of the subject matter contained in these Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
