Musikschule Hug Zürich GmbH - Musidoo

General Terms and Conditions

1. Scope of application

1.1. The following General Terms and Conditions (GTC) regulate the comprehensive terms and conditions and services between Musikschule Hug Zürich GmbH (hereinafter "Music School") and the users (hereinafter = teachers and music students) of the online live music school platform Musidoo.com.

1.2. These General Terms and Conditions apply as soon as a user registers for the website as a course provider (hereinafter referred to as teacher) and/or customer (hereinafter referred to as music student). With the registration on Musidoo.com a contract of use comes into force between the users and the music school. The content of the contract of use is based on these Terms and Conditions. In the context of the announcement of music lessons (= submission of offers) as well as the booking of offers (= acceptance of offers) the agreement to these GTC must be expressly confirmed by clicking. The currently valid version of the GTC can be accessed
via link at the bottom of the website.

2. Offer

2.1. During the contract period, the music school offers its users access to an internet platform (Musidoo.com), through which the users can participate in online-live individual and/or group lessons as well as in various workshops regardless of their location.

2.2. Teachers are free to give music lessons physically in the premises of the music school (using the booking platform of the music school).

2.3. The number of lessons, their duration and the corresponding course price (according to the valid price list) will be contractually agreed upon with the teacher during the booking of the lesson.

3. Subject of the contract of use

3.1. The subject of the contract of use between the users and the music school is the provision of brokerage services against payment within the framework of and on the basis of the present General Terms and Conditions and any other possible supplementary regulations. The brokerage service consists of the provision of the Musidoo.com internet platform respectively Musidoo software including an user login.

3.2. When using Musidoo.com, the user must comply with the applicable law, the provisions of these Terms and Conditions and any documentation referenced therein (Privacy Policy).

3.3. The music school provides the internet platform Musidoo.com in the form and with the functions that are currently available. There is no claim to the provision or retention of certain functions. In particular, the music school is entitled to temporarily or permanently deactivate existing functions on Musidoo.com or to introduce new functions and to make individual functions subject to the fulfillment of certain requirements (including technical ones).

3.4. The music school only operates the technical platform for the brokerage of services among the users. The music school does not act on behalf of the music students or the teachers and is therefore not involved in the services agreed upon via the platform either as a party to the contract, as a representative or vicarious agent or in any other way.

3.5. As far as notifications are sent by the system of Musidoo.com in connection with a course offer (e.g. notifications about course conditions, cancellation of a course or new course offer, etc.) and these notifications contain legally relevant information, so are these only given for the person who is the addressee. Only the music student and the teacher become contractual partners of the service agreements.

3.6. The fulfillment of the service agreement takes place exclusively between music student and teacher.

4. Registration / account

4.1. Access to the use of Musidoo.com requires registration. For this purpose, users need an e-mail address and a password chosen by them.

4.2. The information requested during registration must be complete and truthful. After registration, this information, in particular address and other contact details, must be kept up to date under the user account.

4.3. The user name chosen during registration must not violate any applicable law, principles of morality or rights of third parties. User name and password must be kept secret. The creation of several user accounts for the same natural person or for legal entities is not permitted. User accounts are not transferable.

4.4. The registration is free of charge. However, there is no right to registration.

5. Responsibility and duties of the user / contents and rules of conduct

5.1. Users are solely responsible for the content of their registration and thus for the information they provide about themselves. The users assure that the data provided is true. False statements made intentionally and/ or fraudulently or the pretence of a different or imaginary identity may result in legal action.

5.2. Users are obliged to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their author or without good reason. The same applies to names, telephone and fax numbers, residential and e-mail addresses and/or URLs or other personal data of other users.

5.3. Furthermore, each user agrees not to misuse the service (Musidoo.com), in particular:

5.3.1. Not to spread immoral, obscene, pornographic or right-wing/left-wing extremist content or photos in profile or in online live music lessons;

5.3.2. Not to spread defamatory, offensive or in any other way illegal material or information through the sallervice;

5.3.3. Not to threaten or harass other persons or to violate the rights (including personal rights) of others;

5.3.4. Not to make any insulting, derogatory or otherwise unobjective entries in any possibly existing rating system;

5.3.5. Not to upload any data that contains a virus, worm, Trojan horse and nothing of the sort (infected software) or contains software or other material that is protected by copyright without being authorized to do so;

5.3.6. Not to use the service in a way that adversely affects the availability of offers or courses for other music students;

5.3.7. Not to intercept or attempt to intercept email / messages (including video chat messages).

5.4. Non-compliance by the user with any of the obligations set out in 5.3. above may lead to the blocking of use or restriction on the use of applications in the Musidoo service without prior notice and justification. In addition, non-compliance with the behavioral obligations may lead to immediate termination of the user agreement and, under certain circumstances, may have consequences under civil and criminal law for the user himself/herself.

5.5. The blocking of an access of the user does not change the users' obligation to pay for booked services.

5.6. Blocked users are not allowed to continue using Musidoo.com or register again.

6. Payment modalities / credits / refunds

6.1. The music school accepts online payments via credit card at its own discretion.

6.2. The payment will be made through the third party provider Stripe. The general terms and conditions of the third party provider must also be considered (https://stripe.com/en-ch/privacy).

6.3. The music students agree to pay the fees for the courses they have purchased and authorize the music school to debit their debit or credit card with these fees.

6.4. When making a purchase, students agree not to use an invalid or unauthorized method of payment. If their method of payment fails and they still have access to the course they have booked, they agree to pay the applicable course fees within thirty (30) days of receiving notification from the music school.

6.5. The corresponding course fee must be paid at the time of booking and thus before the course begins and will be charged to the Music School 24 hours before the course begins.

6.6. If the music student is in default of payment in whole or in part, the teacher may suspend lessons until payment is made in full. Furthermore, in the event of late payment, the music school is entitled to suspend access to the Musidoo service temporarily or indefinitely.

6.7. If payment is not made on time, interest on arrears at a rate of 5% p.a. will be charged, as well as immediately payable reminder costs of CHF 30 per reminder. In addition, the music school is entitled to the right to withdraw from the contract at any time without further warning in the event of default.

6.8. In the event of debt enforcement, the music school is owed compensation for expenses of CHF 150 per dept enforcement action.

6.9. The music school can obtain credit checks on the users from third parties and can refuse individual means of payment without justification generally or for individual users.

7. Confirmation of the course booking

7.1. By confirming the button "Book / Buy", the music student declares that he/she wishes to conclude a contract for the paid services of the teacher selected by him/her. The contractual relationship between the student and Musidoo.com is established by e-mail confirmation of the course booked.

7.2. If the confirmation email is not received, the student must contact the music school.

8. Time zone

The time zone of the teacher's stay (at the time of the course to be held) applies to a course booked by the music student or the individual appointment between teacher and music student for the lessons to be held.

9. Difficulties in order fulfillment

9.1. In order to take full advantage of Musidoo.com or the booked course services, users must use the latest (browser) technologies or enable their use on their computer or smartphone (e.g. activation of Java Script, cookies, pop-ups). When using older technologies or technologies that are not commonly used, users may have limited access to Musidoo.com services.

9.2. Should technical problems arise in the fulfillment of the order, i.e. in the provision of music lessons, the resulting disadvantages will be borne by the music student.

9.3. Disadvantages within the meaning of Section 9.2 are in particular (but not exclusively) the lack of a (stable) Internet connection or the interruption of the connection, the non-transmission of the sound from terminal to terminal or power failures.

9.4. In the event of disadvantages as defined in Clauses 9.2 and 9.3, the Music Student shall have no claim to recapture the music lessons at a later date or to reimbursement of the course costs already paid or to be paid. More advantageous agreements between the teacher and the music student directly remain reserved.

10. Cancellation

10.1. Users have the right to cancel the booked service up to 24 hours before the start of the booked service without cost disadvantages and without giving reasons.

10.2. Lessons not used by the Music Student are subject to a fee. If the instrument cannot be played due to injury, theory lessons are also possible instead.

10.3. Lessons that are not cancelled by the teacher within the period of time specified in paragraph 10.1. have to be caught up on. If this is not possible, the course fee for the lessons not held will be refunded.

11. Liability / use at your own risk

11.1. The Music School cannot be held responsible for false information on Musidoo.com in the user's registration. Consequently, the music school cannot be held responsible for the accuracy of the profile information of individual users.

11.2. The music school only owes the provision of IT services, i.e. the software (including the provided login data) for the brokerage of music lessons between teachers and music students, not the success. The music school only provides the technical equipment which - under the conditions set out in paragraph 3 - generally allows a targeted contacting, the course booking as well as the realization of music lessons.

11.3. Furthermore, the music school assumes no liability for the possible misuse of information. It is possible that users may use the Musidoo placement service in an unauthorized or illegal manner despite being prohibited from doing so. The Music School accepts no liability for such unauthorized or illegal use. The music school is also not liable if data and information that the users themselves have made available to third parties is misused by them.

11.4. The music school cannot guarantee the proper operation or uninterrupted usability or accessibility of the service at all times. In particular, Musidoo is not liable for disruptions in the quality of access to the service due to force majeure or events beyond the control of the music school.

11.5. Furthermore, the music school is not liable for unauthorized access by third parties to personal data of users (e.g. through unauthorized access by "hackers" to the database).

12. Privacy

12.1. The user data collected during registration will be stored and processed electronically. The processing is exclusively for administrative and accounting purposes of the music school.

12.2. The data will not be transferred outside of the music school. For statistical purposes only anonymized data will be passed on. All users are obliged to respect data protection. With their registration the users declare their consent to this processing of their personal data.

12.3. An information about the data stored at the music school without giving reasons is possible at any time and free of charge. Furthermore, the users can block, correct or delete their data.

12.4. Further information on how personal data is processed and what rights the user has with regard to data protection can be found in the data protection information.

12.5. Further information on how personal data is processed by the third party provider Stripe for payment processing and which rights the User has with regard to data protection can be found in the privacy policy of the third party provider Stripe (https://stripe.com/en-ch/privacy).

13. Place of jurisdiction and applicable law

13.1. Swiss law shall apply, under exclusion of Swiss conflict-of-law provisions.

13.2. This choice of law shall not affect any mandatory legal provisions which are more favourable to the consumer at the consumer's place of residence or habitual abode.

13.3. Place of jurisdiction is Zurich 4.

14. Final provisions

14.1. Should individual provisions of these GTC be invalid or ineffective or should they contain loopholes, this shall not affect the validity of the remaining provisions and of these GTC as a whole. The invalid or ineffective provisions shall, however, be replaced or interpreted in such a way that they most closely correspond to the purpose intended by the present General Terms and Conditions. The same applies in the case of a gap.

14.2.Deviating agreements must be made in writing in order to be valid, which also applies to the amendment of this written form clause.

15. Entry into force

15.1. These General Terms and Conditions come into force upon publication. They replace immediately and completely the previously valid General Terms and Conditions. The music school has the right to change these terms and conditions at any time, whereby the changes will be announced in a suitable manner (especially via the webpage).

15.2. If no written objection is received within one month of notification, the changes are considered approved; in the event of an objection, this will be interpreted as a termination of the contractual relationship of the user.

16. Contacting Musidoo

Should there be any questions or feedback regarding the services of the music school to Musidoo.com, contact can be made by e-mail from 09.00 to 17.00 (CET) (music@musidoo.com).

17. Language version

Only the German version of these terms and conditions is authoritative and legally binding. The English version serves only for (simplified) understanding.

© Musikschule Hug Zürich GmbH, Zürich 2020

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