Pro account: A User account that has been upgraded with additional services and features and for which a charge is payable
User account: An account set up on Our Website for which no charge is payable
We/Us/Our: Silicon Barn Ltd t/a Musician Go (Co. Number 10557602) whose registered address is at 1386 London Road, Leigh On Sea, Essex, SS9 2UJ
You/Your: any individual or business using Our Website
1.1 These terms and conditions apply to all natural persons and/or businesses who have created a User account on the Website. By choosing to create a User account and advertising on Our Website, You agree to the following terms and conditions.
You shall at all times during and after the term of this Agreement indemnify Us and keep Us indemnified against any losses, damages, costs or expenses and other liabilities - including legal expenses - incurred by, awarded against or agreed to be paid by Us to third parties as a result of a breach of any of the Agreement by You.
3.1 In order to list Your business and advertise on Our website You must create a User account. Creating a User account is free-of-charge. You shall ensure that You keep Your password safe and comply with these terms and conditions when using Our website.
3.2 You may voluntarily upgrade to a Pro account, which has two payment options: pay monthly or pay yearly. Information on pricing and upgrade benefits can be found here.
3.3 If You do not wish to be listed on Our Website and would like Your profile removed:
3.3.1 if You have not claimed Your profile please email [email protected] and We will remove Your listing as soon as We can.
3.3.2 if You already have ownership of Your profile, You can remove Your profile by logging into your User account.
3.4 We reserve the right to refuse a User account or any type of listing package to any person, band or business for any reason and without the obligation to state Our reasons for doing so.
4.1 User accounts and Pro accounts shall continue unless terminated by either party in accordance with clause 7 of these terms and conditions.
4.2 Pro accounts shall commence from the date from which full payment is received by Us and shall continue each time the subscription fee is renewed until the Pro account is terminated. Your Pro account will renew automatically.
5.1 The fee for Pro account will be as set out on Our Website from the time that You first make a payment. We reserve the right to change the fees We charge for Our Pro accounts.
5.2 All Our fees are exclusive of all taxes, duties and levies of any kind (including UK Value Added Tax or any applicable sales tax in any jurisdiction) unless specified on Our website. For the avoidance of doubt, You shall be liable to pay any such taxes, duties and levies.
Should You wish to cancel the renewal of Your Pro account You can do so at any time by logging into Your user account.
7.1 You may remove Your User account or cancel the renewal of Your Pro account at any time by logging into Your User account.
7.2 In accordance with clause 3.3 of these terms and conditions We may terminate Your User account or Pro account at any time without notice to You by removing Your listing from Our Website.
7.3 Should You wish to terminate Your Pro account You will still continue to have a User account and profile listed on Our website upon termination of Your Pro account subscription and these terms and conditions shall continue to apply to Your User account and profile.
7.4 We reserve the right to terminate Your User account or Pro account without any liability to issue a refund in the following circumstances:
7.4.1 You have failed to comply with these terms and conditions in any way;
7.4.2 You are using Our Website to post ‘spam’
7.4.3 Your User profile in Our reasonable opinion adversely affects Our reputation; or
7.4.4 You or We cease to trade, are declared bankrupt or enter into an insolvency or administration procedure.
8.1 Upon termination of Your User account, Your right to access the restricted areas of Our Website will immediately cease.
8.2 The termination of the Agreement between Us and You shall not impact on any rights or liabilities that may have accrued to Us prior to the termination of Your association with Us and these shall continue.
9.1 You shall during and after the term of this agreement, indemnify Us and continue to indemnify Us against all damages, losses, costs or expenses and other liabilities - including legal fees - incurred by, awarded against or agreed to be paid by Us as the result of any claim of infringement or alleged infringement by a third party of its intellectual property rights as a result of Your use of Our website.
9.2 You agree and acknowledge that We retain full editorial command over all profiles submitted by You to Our website and that We will own all intellectual property rights in relation to such profiles (excluding Your branding and other intellectual property rights that are owned by You prior to the creation of any User account profiles).
9.3 We reserve the right to change the formatting, styling and layout of Our website as We see fit.
9.4 You are forbidden to reproduce any part of Our Website (including content, designs and aesthetics) without Our prior written consent.
10.1 By entering into this Agreement You warrant that You are an individual of at least 18 years of age, and in cases where you are registering an account on behalf of a business, You are authorised by the business to do so.
10.2 All information that You submit to Our Website shall be accurate and not misleading in any way. You will also maintain the content on Your User account profile to ensure that it remains current and up-to-date.
10.3 When using Our Website You will comply with all applicable laws, regulations and advertising codes of conduct.
10.4 Any website owned or maintained by You that is listed on Our Website shall be free from any illegal or defamatory content.
11.1 You agree and acknowledge that We are not liable to You for any loss or damage to Your reputation or revenue, for offence caused or for any threatening, defamatory, obscene or illegal content uploaded to Our Website by a third party.
11.2 You agree and acknowledge that We are not liable to You for the infringement of any of Your rights (including intellectual property rights) resulting from the conduct of a third party.
11.3 You agree and acknowledge that We have no liability for Our Website being temporarily unavailable due to maintenance or technical faults nor shall We have any liability for the deletion, corruption or failure to store any content maintained or uploaded to Our Website.
11.4 We accept no liability for any reviews, recommendations, advertisements or any other content submitted to Our Website by other users or third parties.
11.5 In cases where We submit content on Our website that contains advice, views or recommendations, this is done on a generic basis only without the consideration of individual circumstances and We accept no liability for any such content.
11.6 We do not verify or perform any checks on users of Our website who may contact You or leave reviews on Your profile. Reviews are published immediately without consideration or review by Us. We therefore accept no liability in relation to the actions of registered users, unregistered users and any other third parties on Our Website.
11.7 Whilst we ask that all teachers supply Us with clear DBS checks and We will mark that We have reviewed the checks where provided, it is Your responsibility to ensure that these are up-to-date and accurate at the date of any appointment.
11.8 For the avoidance of doubt, We accept no liability for the quality of lessons or other materials provided by users via Our Website and any contract for the provision of such lessons or materials are expressly between users and not between You and Us.
We shall not be in breach of these terms and conditions, nor liable for any failure or delay in the performance of delivering any of the obligations outlined in these terms and conditions, as a result of acts, events, omissions or accidents beyond Our reasonable control.
If any provision set out in these terms and conditions is considered invalid, unenforceable or illegal by any court or other authority of competent jurisdiction, then that provision shall be capable of severance and the other provisions shall continue to remain in force.
We may amend these terms and conditions at any time. The latest version of these terms and conditions shall always be as posted on Our Website. Your continued use of Our website signifies your acceptance of any new, updated or amended terms and conditions and it is Your responsibility to ensure you have satisfied Yourself of the contents.
No failure or delay by Us to exercise any right set out in this agreement or by the laws of England and Wales shall represent a waiver of that right, nor prevent or limit its exercise at a future time. Similarly, no single (part or full) exercise of such rights shall prevent or limit any further exercise of that (or any other) right.
This agreement is personal to You. You may not, without Our explicit prior written consent, assign, transfer, subcontract, or delegate this agreement to another party. We reserve the right to assign this agreement at Our discretion and without the need to provide You with prior notice.
A person who is not a party within this agreement shall not be granted any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
18.1 This agreement and any dispute or claim resulting from or in connection with it, its subject matter or formation - including non-contractual claims and disputes - shall be made in accordance with the law of England and Wales.
18.2 The parties involved in this agreement agree that the courts of England and Wales shall have the sole jurisdiction in the settlement of any dispute or claim resulting from or in connection to this agreement or its subject matter or formation - including non-contractual claims and disputes.