Please read this carefully. Access to and use of www.hofnote.co.uk hofnote.com and hofnote.hk (the “Site”) is provided by Music Teacher Support Limited (“MTSL”), on the following terms and conditions (“Terms ”). By accessing the Site you are agreeing to the Terms that appear below, whether or not you register as a user. If you have any questions, please email email@example.com or use the contact us facility on the site. These Terms were last updated on 20.02.06.
1.1 As a user, you will be able to access material only on some areas of the Site without registering either as a teacher or as a student.
1.2 Except as set out below, MTSL does not make any charge for you to access the Site. However, you should be aware that your Internet Service Provider and/or telephone operator may charge you for time spent accessing the Site in the same way that you are charged for making telephone calls. You should contact your operator if you require details of these charges.
1.3 There is no specific time limit applying to your access and use of the Site on these Terms. However, MTSL reserves the right to suspend or terminate your access and use of the Site as a whole or part at any time. It may exercise the right with or without notice. If applicable, notice will be given to your e-mail address as notified to MTSL. In that event, notice will be deemed to be served three hours after transmission or posting.
2.0 Use of Hofnote.co.uk Content and Linking to the Site
2.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this site, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, newsletters sent by E-mail (collectively, the “Content”) is protected by copyright, trade mark, service mark, patent, or other proprietary rights and laws. You acknowledge and agree that you are permitted by MTSL only to use this material and information only on the basis expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of MTSL.
2.2 All Content on the Site remains the property of MTSL or its licensors. You may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
2.3 Except as expressly set out above, you may not reproduce, modify, store, archive or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from MTSL (and neither may you allow a third party to do any of the same):
2.4 Requests to republish or redistribute Content should be addressed to firstname.lastname@example.org or use the “contact us” facility on the website.
2.5 You acknowledge that “Music Teacher Support”, “musicteachersupport”, “Hofnote”, the ”Hofnote word device”, “Hofnote note device”, “hofnote.co.uk”, “www.hofnote.co.uk”, "hofnote.com", "hofnote.hk", "www.hofnote.com", "www.hofnote.hk" are trade marks and that you may not use them without written permission from MTSL.
2.6 If you would like to link to the Site, please read and comply with the following guidelines and all applicable laws. A web site that links to the Site:
2.7 MTSL expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate. Any other rights not expressly granted in these Terms are reserved to MTSL.
3.0 Teacher Registration and Student Registration
3.1 Currently, online registration for teachers and students is free of charge.
3.2 On registration, teachers and students must provide Hofnote with accurate, complete registration information and it is the responsibility of an individual teacher to inform Hofnote of any changes to that information (including in particular your e-mail address) by using the ‘change my details’ facility or emailing email@example.com
3.3 Each registration is for a single user only. On registration, the email address you give us will be used as your user name to access the Site. You will also be issued with a password which you may change. MTSL does not permit any other person sharing your user name and password unless, working in partnership, you agree to share between you all privileges of using the site . MTSL cannot arbitrate in this sharing.
3.4 You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, “ID”) and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify MTSL immediately by using the contact facility on the site emailing firstname.lastname@example.org
3.5 If on registration (or on amendment of your registration details) you provide MTSL with an email address that will result in any emails MTSL may send you being sent to you via a computer network operated by or on behalf of your employer or college (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that MTSL may refrain from sending you any emails to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer or college to stop sending emails to that address.
3.6 To access the fee charging areas of this Site, students must be enrolled on an appropriate programme of study and where a teacher has enrolled the student the teacher is entitled to pass a reasonable charge for enrolment onto students.
3.7 It is the student’s responsibility to provide teachers with accurate, complete enrolment information and to inform MTSL of any changes to that information (including in particular a student’s e-mail address) by using the ‘change my details’ facility on the Site or by emailing email@example.com . It is a condition of using the Site that the teacher accurately enters the student’s details when enrolling the student on a programme of study.
3.8 Each enrolment is for a single user only. On enrolment, the email address you give us will be used as your user name to access the Site. also You will have entered a password, which you may change. MTSL does not permit any of the following
3.9 If on enrolment (or on amendment of your enrolment details) you provide MTSL with an email address that will result in any emails MTSL may send you being sent to you via a computer network operated by or on behalf of your employer or college (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that MTSL may refrain from sending you any emails to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer or college to stop sending emails to that address.
4.0 Teacher and Student Communications through the Site
4.1 The Site includes areas that allow feedback to Hofnote and interaction between users (“Forums”). While MTSL does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages.
4.2 You are solely responsible for the content of your Messages. You must comply with any rules posted on the Site or notified by Hofnote to you regarding the Forum. You may not:
4.3 By submitting messages to any Forum you agree to indemnify and hold harmless MTSL from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
4.4 The Forums contain Messages submitted by users over whom MTSL has no control. MTSL cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum.
4.5 MTSL employees may occasionally also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by MTSL. The opinions of those MTSL employees and special guests are their own and are not necessarily endorsed by MTSL.
4.6 By submitting Messages to any Forums you are granting MTSL a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. MTSL reserves the right to contact you by e-mail with regard to your use of the Forums.
4.7 It is not possible for MTSL to fully and effectively monitor when Messages infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify Hofnote immediately by using the contact facility on the site or emailing firstname.lastname@example.org
5.0 No warranties, Exclusion of Damages, Limitation of Liability and Exclusive Remedy
5.1 No Warranties
5.1.1 MTSL does not give any warranties in respect of the Site or its, Content. In particular, the Site Services are provided on an “as is”, “with all faults” and “as available” basis. To the extent allowed by applicable law, MTSL hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack of negligence or of workmanlike effort.
5.1.2 Whilst MTSL endeavours to ensure that this site is normally available 24 hours a day, MTSL will not be liable if for any reason the Site is unavailable at any time or for any period. MTSL does not guarantee the functions contained in the site will be uninterrupted or error-free, or that defects will be corrected even if Hofnote is aware of them. Additionally, MTSL makes no warranty that the site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
5.1.3 Also, MTSL does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.
5.2 No incidental or consequential damages
5.2.1To the full extent allowed by applicable law, you agree that MTSL will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site services or to any breach of these terms by MTSL, even if it has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
5.3 Limitation on damages; exclusive remedy
5.3.1 You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site service up to a limit of the following, at MTSL’s election: (1) a refund of the amount you paid (if any) to receive the relevant service in total during the month in which the damage is first incurred less any reasonable allowance for complying services, or (2) correction or replacement of the service. All limitations will apply to all legal and equitable claims.
5.4.1 Where the Site and its services contain links to other World Wide Web or WAP sites provided by independent third parties (“Third Party Sites”), either directly or through frames. MTSL, where possible will make clear where such links are being made, though Third Party Sites may be co-branded with Hofnote and so include MTSL’s trade marks. MTSL is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. You may use the Site to purchase products or services from MTSL’s third party partners although your contract for such products or services will be with the third party partner and not with MTSL.
5.4.2 Nothing in this section limits MTSL’s liability in the case of death or personal injury directly caused by it’s negligence. These Terms do not affect or prejudice your statutory rights.
7.0 Changes to the site
7.1 MTSL, through Hofnote reserves the right, at its discretion, to make changes to any part of the Site and its related services. Due to its policy of updating and improving the Site, MTSL may wish to change these Terms. When terms are changed, we will notify you by publishing details of those changes by including them at the end of these Terms (see section 14. “Details of Changes”). If you use the Site or related services after Hofnote has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your registration) any further after they are published at the end of these Terms or after you receive notice of them.
8.0 Student’s Enrolment and Consent
8.1 It is the teacher’s responsibility and a condition of teacher and students’ continuing use of the Site that the teacher has the consent of all students whom they register or enrol. A PDF consent form can be downloaded from the Site and completed in full by the teacher for each student he or she wishes to enrol as evidence of consent. This form must be signed by the student or his or her parent or guardian where the student is aged under 18.
9.0 Advertising and Sponsorship
9.1 Part of the Site or related services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. MTSL will not be responsible for any error or inaccuracy in advertising or sponsorship material.
10.0 Competitions and Prizes
10.1 From time to time MTSL will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available published at the time they are run.
11.1 As a gesture of goodwill, in recognition of teachers’ role in guiding the student, dividend in the form of credits known as “Hoftokens” is paid to teachers by MTSL. Hoftokens may always be redeemed by the teacher against future enrolments to the value of 10p for each Hoftoken. (Or 0.1 HK$) In addition MTSL may also bring other special offers for their redemption from time to time. Details of these special offers will be published on the Site from time to time. A Hoftoken has a nominal cash value of 0.01p.
12.1 These Terms shall be governed by, and construed in accordance with, English law.
12.2 The parties agree that the courts of England shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them.
12.3 For the exclusive benefit of MTSL, MTSL shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
13.2 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
13.3 Music Teacher Support Limited, is a company registered in England and Wales under the number 5509738, with its registered offices at 88 Plantation Drive, North Ferriby, East Yorkshire, England HU14 3BB
Dated 1 March