Welcome to The Music Measure’s website located at https://www.themusicmeasure.com (the “Site” / the “Website”). It is owned and operated by Akruti Gupta (“Owner”)
Please read these Terms & Conditions carefully. By accessing or using the Site in any manner, you become a user of the Site (“User”). As a User of the Site you agree that you have read and understood these Terms & Conditions and that you agree to be bound by them. These Terms & Conditions form a binding agreement (the “Agreement”) by virtue of your continuation of use. If you do not agree, please refrain from using or accessing the site in any manner.
The Music Measure reserves the right to alter, modify, add or change in any way, any provision of the Terms & Conditions and may at its discretion, limit or extend the services available via the site without giving prior notice to the Users. It remains the obligation of the Users to carefully read the Terms and Conditions of usage while utilizing the site.
The Website serves as an aggregator platform that connects music teachers and students. It also contains music education-related blogs, resources, and information for both music teachers and students. The Website is not responsible for any interactions between the teachers and students who meet through the platform. Users must use their own discretion when choosing to work with any teacher found through the Website.
Membership
The User becomes a member of the site by logging onto the website or reaching out to any other member or the company in any form.
Proprietary Rights in the Site
Unless expressly provided otherwise, all material on the Site including, but not limited to, underlying software, code, design, text, graphics, video, blogs and other files (“Content”) are the sole property of The Music Measure or is licensed to it. All content is to be deemed as copyrighted, trademarked and/or subject to all other intellectual property restrictions as permitted by the applicable law.
For avoidance of doubts, all rights are reserved by The Music Measure.
Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Ms. Akruti Gupta from The Music Measure or her designate.
No Warranties
The Site is provided on an “as is” basis and to the fullest extent permitted by law, without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality, completeness and/or fitness of the Site for a particular use or purpose, accessibility, or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site will be secure or free of viruses or other harmful material or elements, or that the Content will be correct, accurate, timely or complete.
The Content may include technical inaccuracies, typographical or other types of errors. The Music Measure has the right to make changes, modifications and updates to any Content contained on the Site without prior notice. The blogs and resources provided on the Website are opinionated and may not represent the views of the Owner. The Website is not responsible for any broken links or inaccurate information on any third-party website that may be linked to from the Website.
The User acknowledges and agrees that there are no representations made by The Music Measure that the User will achieve specific results from their use of any information available via the Site.
The Site and/or The Music Measure team make no representations and give no warranties regarding the quality, efficiency, professionalism or general conduct of any teacher, student or ay other stakeholder.
Links to External Websites
Through this Site, Users may be able to link to other websites which are independent and not under the control of The Music Measure. The Music Measure has no control over the nature, content and availability of those external websites. Unless otherwise stated, the inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such websites. Moreover, The Music Measure does not undertake any responsibility qua the external websites.
User Warranties
The User warrants that The Music Measure shall not be in any way liable to the User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for loss of money, goodwill, reputation or data arising from the User’s use of the site, interaction with the teachers suggested on the site or any other information available on the site.
The User will not hold The Music Measure responsible for other users’ acts or omissions in connection with their use of the site and the User agrees that The Music Measure has no control over, and does not guarantee, and disclaims any and all liability for the quality of the communications and the accuracy of information contained on the site.
Indemnity
The User indemnifies The Music Measure, and holds The Music Measure, its officers, directors, employees, contractors, affiliates, and licensors harmless from and against:(a) any and all claims, demands and damages (including but not limited to legal fees) made by or on account of a third party (including teachers) due to or arising from or related to the User’s violation of these Terms & Conditions, or the User’s violation of any laws, regulations or third party rights;(b) Liability for or in respect of any misconduct, mental or physical injury (including death or disablement) to the User or any other person;(c) damage to moveable or immovable property; and/or(d) Other liability, damage or loss; unless the injury, damage or other liability, damage or loss is directly attributable to the User’s negligence, breach of these Terms & Conditions, or unlawful or wilful act or omission in connection with these Terms & Conditions or use of the Site.(e) The Music Measure’s liability is excluded till the fullest extent permitted by applicable law.
Should The Music Measure in its sole discretion, determine that any User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to refuse access to the User and/or pursue any of its legal and/or other remedies.
Terms for Students and Teachers
The Users agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. You must not attempt to gain unauthorized access to any part of the Website, or any systems or networks connected to the Website
No student or teacher should maintain multiple accounts. One user can only have one account. Findings of multiple accounts will lead to banning of all accounts at the discretion of The Music Measure team.
No student or teacher can share contact details while posting for a lesson. If parties choose to share their contact details or rely on any such information, it is their responsibility to verify credentials, identity and background.
Students and teachers shall remain liable for all transactions directly. The Music Measure is not responsible and will not have any liability on coercion, fraud, misrepresentation, undue influence or misconduct of any manner during the transaction.
The Music Measure does not vet teachers or students for their credit history or payment records. It is the responsibility of both parties to themselves vet credentials and manage payments/ transactions in case they choose a general or specific payment mechanism.
The Music Measure reserves the right to ban all profiles that share unauthorized content (including contact information) unless specifically requested for the same.
Governing Law and Dispute Resolution
This law shall be governed by the laws of the Republic of India.
In the event of any dispute arising out of or in connection with the present agreement, including any question regarding its existence, validity or termination, the parties shall refer the same for arbitration to be finally resolved under the administration of International Arbitration and Mediation Centre (“IAMC”) in accordance with the Arbitration Rules of International Arbitration and Mediation Centre (“IAMC Rules”) for the time being in force. The seat of Arbitration shall be in South District, New Delhi, India. The Tribunal shall consist of one arbitrator appointed by IAMC. The language of the arbitration proceedings shall be English.
