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Terms and Conditions

Last updated on April 25th 2021

This Terms of Service    constitutes a legally binding agreement (the “Agreement”) between you and Tempo Technologies, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Tempo,” “we,” “us” or “our”) governing your use of the Tempo application, website, and technology platform (collectively, the “Tempo Platform”).

 

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND TEMPO CAN BE BROUGHT (SEE SECTION 7 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TEMPO TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A TEACHER OR TEACHER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 7.

 

By entering into this Agreement, and/or by using or accessing the Tempo Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 7) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND SERVICE OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TEMPO PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE TEMPO PLATFORM.

 

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN CANADA JURISDICTION-SPECIFIC SECTIONS, AS APPLICABLE) AND YOU ACCEPT ALL OF ITS TERMS.

Section 1 - The Tempo Platform

1.1 Tempo Platform

The Tempo Platform is a mobile app based communications platform which enables connections between Clients (“students”) and “Teachers”. The Tempo Platform allows Teachers to create personal profiles for the purpose of marketing, communicating, scheduling and billing. Students may browse Teacher profiles without registering, but they must create a Student profile in order to book lessons or access other app services such as messaging, scheduling, rewards and billing. Both Teachers and Students accumulate reward points after each lesson which can be redeemed for rewards including but not limited to, concert tickets, free or discounted lessons, and various products. “Students” are individuals seeking to obtain music “Lessons” from “Teachers” and are therefore clients of Teachers, and “Teachers” are individuals seeking to give music lessons to  Student’s in their own home, the Student’s home, or through a 3rd party online communication platform. Students and Teachers together are hereinafter referred to as “Users.” If you agree on the terms of a Lesson with another User, you and such other User form a Service contract directly between the two of you as set forth in more detail in Section 1.2 below.

 

TEACHERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF TEMPO. TEMPO DOES NOT GIVE LESSONS AND DOES NOT EMPLOY INDIVIDUALS TO GIVE LESSONS. USERS HEREBY ACKNOWLEDGE THAT TEMPO DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TEACHER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN LESSONS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

 

The Tempo Platform enables connections between Users for the fulfillment of lessons. Tempo is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of lessons, teachers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Tempo makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the lessons requested or services provided by, or the communications of or between, Users identified through the Tempo Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

 

All Teachers are subject to a review process before they can register for and during their use of the Tempo Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Tempo may perform Background Checks, Tempo cannot confirm that each User is who they claim to be, and Tempo cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

 

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Tempo will not be liable for any false or misleading statements made by Users of the Tempo Platform. NEITHER TEMPO NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “TEMPO AND AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TEMPO PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TEMPO AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TEMPO PLATFORM.

1.2 Service Contract

Student-Teacher Contract Terms   

Teachers offer their services through the Tempo as Independent Contractors. You acknowledge and agree that when a Student chooses a Teacher from our platform and the Teacher accepts the Student’s lesson request, Student and Teacher will be deemed to have entered into a Student-Teacher Relationship or "Service Contract" with each other. You acknowledge and agree that the formation of a Service Contract between Student and Teacher does not, under any circumstance, create an employment relationship between Tempo and the Teacher.

 

Teachers, by agreeing to the Terms of service, affirm that they also agree to terms of the Teacher Agreement.

Section 2 - Student Users

2.1 Eligibility

The Tempo Platform may only be used by individuals    who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Tempo Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Tempo Platform, each User shall create a User account. Each person may only create one User account, and Tempo reserves the right to deactivate any additional or duplicate accounts.

 

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a minor   (17 years old or younger) you may create a Tempo account for such minor to use the Tempo Platform subject to the following requirements and restrictions:, (a) you ensure that the minor does not book or attend any Lesson unless accompanied by you or an authorized guardian , and (b) you expressly guarantee the minor’s acceptance of the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor.

 

By creating a Tempo account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the Tempo Platform as provided by the terms of this Agreement.

2.2 Exclusivity and Non-Circumvention

The Tempo Platform provides this online referral service at no cost to either Student or Teacher, and generates revenue only when a Student and a Teacher pay and receive payment through the platform. Therefore, you understand, acknowledge and agree that when you enter into a Student-Teacher relationship with any party through the Tempo Platform, you must make and receive all payments to and from that party exclusively through the Tempo Platform. Furthermore, you acknowledge and agree that for 24 months following your last lesson with a Student or Teacher through the Tempo Platform, you may not make or receive any payments to or from that party outside of the Tempo Platform.    

 

You may not solicit any party, Teacher or Student, to enter into any contract or accept work outside of Tempo Platform, or in any other way circumvent the payment methods offered by the Website, without the express written consent of the Tempo administration. Furthermore, you agree to inform Tempo Platform immediately if any Teacher or Student requests that you make or receive payments outside of the Website.

2.3 Payment Terms and Charges

 

2.3.1 Charges - Lesson rate

Lessons are provided at the rate chosen by each Teacher and advertised in the Teacher profile according to the lesson time, and location, in addition to a 2.9% + 0.3$ transaction fee (subject to change) in addition to the lesson fee paid by the Student. Users acknowledge that these rates may change at any time; however, once a lesson package has been purchased the rate advertised at the time of purchase will be honored for the duration of the lesson package. Pricing may vary based on the location, duration and teacher you request.

 

2.3.2 Facilitation of Charges

All Charges are facilitated through a third-party payment processor, Stripe. Tempo may replace its third-party payment processor without notice to you. Charges shall only be made through the Tempo Platform. All cash payments are strictly prohibited. Your payment of Charges to Tempo satisfies your payment obligation for your use of the Tempo Platform and booking services. Tempo may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your lesson receipts and payment history.

 

2.3.3 Cancellations, Refunds and Disputes

You acknowledge that Students wishing to reschedule a lesson must submit a request to reschedule at least 24 hours before the scheduled lesson time. Lessons can be modified and cancelled in the 'My Lessons' tab without fees any time prior to 24 hours before the start of the lesson. Cancellations or modifications within this 24 hour period will be charged 50% of the lesson price. You understand and agree that lessons missed and not rescheduled at least 24 hours in advance will be charged to your account and will not be made up.

 

By agreeing to the Terms of service, you are also agreeing to the terms of our Cancellation Policy  described above.

 

2.3.4 Travel Charges

You acknowledge that students requesting in person lessons in their own home will incur an additional travel charge based on the distance the teacher must travel for the lesson.    All travel charges are subject to change at any time; however, once a lesson package has been purchased the rate advertised at the time of purchase will be honored for the duration of the lesson package.2.3.5 No Refunds

All Charges are non-refundable with exception to lessons that are canceled or modified more than 24 hours before the lesson time. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Tempo Platform, any disruption to the Tempo Platform or lesson booking, or any other reason whatsoever. 

 

2.3.6 Credit Card Authorization

Upon addition of a new payment method or each lesson request, Tempo may seek authorization of your selected payment method to verify the payment method, ensure the lesson cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

2.4 Confidential Information

By agreeing to the Terms of service, you are also agreeing to the terms of our Privacy Policy which may be modified from time to time.

2.5 Reporting Misconduct

You understand that you are responsible for taking reasonable precautions when interacting with Users. If you feel that any User is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you must FIRST report such person to the police and THEN to Tempo administration by contacting us at admin@tempomusiclessons.ca. You agree that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

2.6 Disclaimer

THE TEMPO PLATFORM AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. TEMPO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT TEMPO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM TEMPO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

2.7 Limitation of Liability

Tempo provides an open marketplace for Students and Teachers. We do not verify and are not responsible for claims made or information or images posted in Teacher Profiles. Therefore you understand and acknowledge that you are solely responsible for your interactions with other Users, both on the Tempo Platform and in person. You understand that Background Checks on our Teachers are performed by our third party investigative service (“Screening Canada”), and that we are not responsible for the quality or scope of the service.

 

You understand and agree that we make no representations or warranties as to the quality of the service provided by individual Teachers or the compatibility of any teacher to any student.

 

TEMPO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL. THIS INCLUDES LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, US, OUR THIRD PARTY BACKGROUND CHECK SERVICE, ANY USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, EMOTIONAL DISTRESS, PHYSICAL INJURY    AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF TEMPO.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS IN ALL CASES LIMITED TO THE AMOUNT PAID BY YOU TO US (IF ANY) DURING YOUR TERM AS A TEMPO USER. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE TEMPO PLATFORM, THE SERVICE OR OTHERWISE.

 

We are not responsible for the conduct, whether online or offline, of any Tempo Platform User. We assume no responsibility for evaluating or verifying the accuracy of any information posted by a Teacher on the Tempo Platform, and we are not responsible for any unsuitable, offensive or obscene materials that may be posted by authorized or unauthorized users. We have not inspected the location where any instruction will be provided. Under no circumstances will we or any of our employees, contractors, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from any use of the Service, any content posted on the Tempo Platform or transmitted to Users, or any online or offline interactions between Users of the Website. Although each User must agree to these Terms of Service, we disclaim any responsibility for ensuring a User’s compliance with any applicable laws or with the Terms stated in this document. We are not responsible for the use of any personal information that you post publicly on the Website.

2.8 Release

You hereby release and forever discharge Tempo  (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute , claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries    , death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other Tempo Users or (2) any third party site, products, services, and links included on or accessed through the Tempo Platform.

2.9 Indemnification

You agree to indemnify, defend, and hold Tempo (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to your use of the Tempo Platform or service or otherwise related to the business we conduct on the Tempo Platform. Tempo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

2.10 Modification to the Agreement

Tempo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy , and Cancelation Policy) and review, improve, modify or discontinue, temporarily or permanently, the Tempo Platform or any content or information through the Tempo Platform at any time, effective with or without prior notice and without any liability to Tempo. Tempo will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Tempo Platform. Your continued use of the Tempo Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. Tempo may also impose limits on certain features or restrict your access to part or all of the Tempo Platform without notice or liability. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Section 3 - Teacher Users

3.1 Eligibility

The Teacher affirms that he or she is 18 years of age or older and eligible to accept employment in Canada, although this Agreement does not create an employment relationship between Tempo and the Teacher You may NOT allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Tempo Platform, each User shall create a User account. Each person may only create one User account, and Tempo reserves the right to deactivate any additional or duplicate accounts.

3.2 Profile

The Teacher agrees to post information in the Teacher Profile that is truthful, accurate and up to date.

 

All Teachers are subject to a review process before they can register for and during their use of the Tempo Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”).

 

The Teacher will not use the Tempo Platform to post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.

 

The Teacher agrees that Tempo may use any information or media posted in the Teacher Profile to promote the Teacher’s services on the Tempo Platform.

3.3 Lessons

The Teacher agrees to provide to Students, Lessons of the type, in the amount, and at the rates determined by the Teacher as agreed upon with the Student.

 

The Teacher agrees to keep their schedule up to date.

 

Tempo makes no representation to the Teacher as to the number of Students which will be booked with the Teacher to teach.

 

Teachers may choose to teach in their own home/studio, at the Student’s home or via a 3rd party online communication platform. Teachers who elect to teach in their own home or studio agree to provide an environment that is safe, clean, and free of distractions.

3.4 Payment

Lessons are provided at the rate chosen by each Teacher and advertised in the Teacher profile. Teachers will be paid the advertised rate minus a 20% service fee. Teachers may change their chosen rates at any time, however, lessons that have already been booked will be honored at the original booked rate.

 

Teachers will be paid every week by direct deposit according to the lessons that have been booked on the platform. Teachers agree to provide a Social Insurance Number for taxation purposes and banking information for direct deposit payment. Teachers are responsible for fulfilling all lessons booked through the Tempo Platform.

3.5 Cancellation

If a Teacher has to cancel a lesson for any reason, the Teacher agrees to cancel the lesson on the Tempo Platform as soon as possible

 

In the event that for any reason a Teacher is absent or unable to teach for a period of time, the Teacher agrees to modify their availability on the calendar tab of the Tempo Platform to reflect this change.

 

If a student cancels or modifies a lesson less than 24 hours before the lesson, the teacher will be paid 50% of the set lesson price. If a student misses a lesson, the teacher will be paid 50% of the set lesson price   minus the 20% platform fee.

3.6 Confidential Information

By agreeing to the Terms of service, you are also agreeing to the terms of our Privacy Policy.

3.7 Reporting Misconduct

You understand that you are responsible for taking reasonable precautions when interacting with Users. If you feel that any User is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you must FIRST report such person to the police and THEN to Tempo administration by contacting us at admin@tempomusiclessons.ca.  You agree that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

3.8 Non-Circumvention

The Teacher acknowledges that Tempo provides this online information service at no cost to either Student or Teacher, and generates revenue only when a Student and a Teacher pay and receive payment through the Tempo Platform. The Teacher agrees to receive all payments from Tempo students exclusively through our platform, and agrees not to enter into any contract with or accept work outside of the Tempo Platform from a Tempo Student, or in any other way circumvent the payment methods offered by the Tempo Platform, without the express written consent of the Tempo administration The Tempo Platform will immediately suspend any account that is suspected of breaching these terms.

 

Therefore, you also agree that you will not accept payments directly from Tempo students until 24 months have passed since you last taught them through the use of our service.

 

Furthermore, the Teacher agrees to inform Tempo immediately if any Student requests that the Teacher receive payments outside of the Tempo Platform.

3.9 Independent Contractor Status

As a Teacher on the Tempo Platform, you acknowledge and agree that you and Tempo are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties, and that you shall at all times act as an independent contractor only. You and Tempo expressly agree that (1) this is not an employment agreement, (2) nothing in this Agreement or your interactions with Tempo creates an employment or dependent contractor relationship between you and Tempo; and (3) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Tempo, and you undertake not to at any time hold yourself out as an employee, partner, agent or authorized representative of Tempo.

 

You agree that your authority shall be limited to as set out herein and you shall not make, and have no right or authority to make or enter into any contracts or agreements whatsoever for or on behalf of Tempo. Tempo does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Tempo Platform. You retain the option to accept or to decline a Student’s request for lessons on the Tempo Platform, or to cancel an accepted request for lessons via the Tempo Platform, subject to Tempo’s then-current cancellation policies.

 

The Teacher agrees not to be treated, or seek to be treated, as an employee of Tempo for any purpose, including for the purposes of fringe benefits provided by the Tempo, or for disability income, taxes and benefits.

3.10 Limitation of Liability

The Teacher understands and acknowledges that the Teacher is solely responsible for interactions with other Users, both on the Tempo Platform and in person. Tempo does not perform background checks on Students and is not responsible and will not be held accountable for any misconduct on the part of a Student.

 

The Teacher agrees to take reasonable precautions when interacting in person with Students encountered on the Tempo Platform.

 

TEMPO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL. THIS INCLUDES LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, US, OUR THIRD PARTY BACKGROUND CHECK SERVICE, ANY USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, EMOTIONAL DISTRESS, PHYSICAL INJURY   AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF TEMPO.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS IN ALL CASES LIMITED TO THE AMOUNT PAID BY YOU TO US (IF ANY) DURING YOUR TERM AS A TEMPO USER. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE TEMPO PLATFORM, THE SERVICE OR OTHERWISE.

 

We are not responsible for the conduct, whether online or offline, of any Tempo Platform User. We have not inspected the location where any instruction will be provided. Under no circumstances will we or any of our employees, contractors, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from any use of the Service, any content posted on the Tempo Platform or transmitted to Users, or any online or offline interactions between Users of the Website. Although each User must agree to these Terms of Service, we disclaim any responsibility for ensuring a User’s compliance with any applicable laws or with the Terms stated in this document. We are not responsible for the use of any personal information that you post publicly on the Website.

3.11 Indemnification

The Teacher agrees to indemnify, defend and hold harmless Tempo, its officers, directors, employees, subcontractors, agents, and their respective successors, heirs and assigns (the “Indemnities”), against any claim, liability, cost, damage, deficiency, loss, expense or obligation of any kind, including attorney’s fees and other costs of litigation, incurred by the Indemnities in connection with any claims, suits, actions, demands, or judgments arising out of this Agreement including, but not limited to, actions in the form of tort, warranty, negligence, or strict liability.

3.12 Modification to the Agreement

Tempo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Tempo Platform or any content or information through the Tempo Platform at any time, effective with or without prior notice and without any liability to Tempo. Tempo will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Tempo Platform. Your continued use of the Tempo Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. Tempo may also impose limits on certain features or restrict your access to part or all of the Tempo Platform without notice or liability. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

 

Section 4 - Rewards and Promotional codes

4.1 Rewards

4.1.1. Eligibility

All Tempo users are eligible to participate in the Rewards Program and receive reward points.

4.1.2 Earning Rewards

Rewards are earned on all Net Purchases. Transaction Fees (credit card and debit fees)  do not earn Rewards. Rewards are earned on a per-transaction basis and are accumulated into the rewards profile on a daily basis for redemption, as long as the Account is in good standing.

 

Students accumulate 3.5% of the net lesson price (transaction fees  not included) which are converted into points which can be spent on free/reduced lessons but also various special offers that Tempo provides such as concert tickets, music supplies, and merchandise. Teachers accumulate 0.5% of the net lesson price. Every dollar accumulated on the app = 10 points (always rounded to the nearest point).

 

We accept no liability for any errors in the Rewards balance in your account. If any Rewards are awarded to your account in error, we reserve the right to deduct the number of Rewards awarded in error at any time, and without notice to you. We are not obligated to honor a request to redeem Rewards added to an account in error.

 

In the event of a dispute about the amount of your Rewards earned, redeemed or deducted, our record of all Rewards shall be considered conclusive. You must notify us of any discrepancy at admin@tempomusiclessons.ca.

4.1.3 Redeeming Rewards

Rewards can be redeemed towards Eligible Purchases starting at 50 points. To redeem rewards, log into your Tempo Account through the mobile application, and select an available reward. The mobile application may not be available on all devices, and is subject to additional terms and conditions. Rewards will be redeemed up to the full amount of your Eligible Purchase  . Eligible Purchases include concert tickets, music supplies, and merchandise displayed in the Rewards section of the Tempo Platform.

 

When a Student redeems their points for a lesson, the discount will be applied to the next lesson, and the Student will be responsible for paying the remaining balance.

4.1.4 Tax

Any federal and/or provincial tax liability and reporting obligations for any taxes (including but not limited to personal and business income tax reporting) arising from the accrual of Rewards Is your responsibility and Tempo is released of all liabilities in this regard. You understand that we will not issue tax Receipts.

4.1.5 Changing the Program and this Terms of Service

We may change the Program and the Terms of Service, in whole or in part, at any time without giving you notice. Program changes may include, but are not limited to, changes to any earn rate and maximum Rewards

    .

4.1.6 Miscellaneous

Rewards do not expire as long as your Account remains open. Tempo Rewards can only be redeemed if your Account is in good standing. Any abuse of the Program’s privileges, failure to follow its terms, or misrepresentation may result in Tempo ending your participation in the Program and such termination may result in the loss of accumulated Rewards. From time to time it may be necessary for Tempo to restrict, suspend or otherwise alter aspects of the Program, with or without notice to you. Rewards are not refundable, exchangeable, and have no cash value. Rewards may not be resold, pledged or hypothecated in any way.

4.2 Promotions, Referrals, and Loyalty Programs

Tempo, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Tempo. Tempo reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Tempo determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement.    Tempo reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.

Currently, Tempo's referral program ("Referral Program") provides you with incentives to refer your friends and family to become new Users of the Tempo Platform in your city (the “Referral Program   ").

Each referral rewards the User with 50 reward points, while offering a discounted lesson to the referee. 

Your participation in the Referral Program is subject to this Agreement.

Section 5 - Tempo Communications

5.1 Calls, text and emails

By entering into this Agreement or using the Tempo Platform, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Tempo, its affiliated companies, may include but are not limited to: operational communications concerning your User account or use of the Tempo Platform or lesson booking, updates concerning new and existing features on the Tempo Platform, communications concerning promotions run by us or our third-party partners, and news concerning Tempo and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS   , YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE TEMPO PLATFORM OR RELATED SERVICES.

 

You acknowledge that telephone calls to or from Tempo, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

 

You verify that any contact information provided to Tempo, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Tempo before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify Tempo by texting STOP to any text message sent to the retiring phone number.

5.2 Your Information

Your Information is any information you provide, publish or post to or through the Tempo Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Tempo-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Tempo Platform and participate in lessons. Our collection and use of personal information in connection with the Tempo Platform and lesson booking is as provided in Tempo’s Privacy Policy located at https://tempomusiclessons.ca/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Tempo to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Tempo does not assert any ownership over your Information; rather, as between you and Tempo, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Section 6 - Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Tempo  ; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 8 of this Agreement. In addition, Tempo may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to receive or provide Lessons (2) you fall below Tempo’s star rating (1 Star or lower – displayed on your profile) or 5 cancellation threshold  ; (3) Tempo has the good faith belief that such action is necessary to protect the safety of the Tempo community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Tempo’s reasonable satisfaction prior to Tempo permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity, should Tempo deem it appropriate, to attempt to cure the breach   . If the breach is cured in a timely manner and to Tempo’s satisfaction, this Agreement will not be permanently terminated. Sections 1, and, 5 (with respect to the license), 2-3, 8-10, shall survive any termination or expiration of this Agreement.

Section 7 - Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TEMPO CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND TEMPO TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

7.1 Agreement to Binding Arbitration between You and Tempo.

You and Tempo mutually agree to waive, to the fullest extent permitted under applicable law, our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute which may arise out of the application of this Agreement by arbitration as set forth below. This agreement to arbitrate (“Arbitration Agreement”) survives after this Agreement terminates or your relationship with Tempo ends. To the fullest extent permitted under applicable law, any arbitration under this Arbitration Agreement will take place on an individual basis and class arbitrations and class actions are not permitted.     

 

Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Tempo, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

 

These Claims include, to the fullest extent permitted under applicable law, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Tempo Platform, the Services, any other goods or services made available through the Tempo Platform, your relationship with Tempo, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Tempo, and all other common law and statutory claims between you and Tempo or its affiliates and their respective employees, officers, directors and shareholders. To the fullest extent permissible under applicable law, disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator.

 

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND TEMPO ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED.

7.2 Prohibition of Class Actions and Non-Individualized Relief.  

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THAT YOU AND TEMPO MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN A INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND TEMPO BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR APPOINTED PURSUANT TO THIS ARBITRATION AGREEMENT SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

7.3 Rules Governing the Arbitration.

Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Teachers nor Students shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.

 

The seat of the arbitration shall be the same as the provincial or territorial law governing this Agreement (i.e., the Province of Ontario). The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.

 

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought; however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.

 

A party to this Agreement may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

7.4 Severability.

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

7.5 Opting Out of Arbitration.

You may opt out of the requirement to arbitrate pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement, you may opt out of arbitration by notifying Tempo in writing of your desire to opt out of arbitration, which writing must be dated, signed and delivered by: (1) electronic mail to admin@tempomusiclessons.ca, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service that is addressed to:

 

Tempo Technologies Inc., 211 Butterfly Walk, Ottawa, Ontario K1W 0G6.

 

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Tempo shall be bound by the terms of this Arbitration Agreement in full, to the extent allowable by law. You should assume that in the future there may be lawsuits against Tempo alleging class, collective, and/or representative Claims, in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration with Tempo under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Tempo in an individual arbitration provision. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of this Arbitration Agreement.

7.6 Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and Tempo may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Tempo. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and lawyers are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Section 8 Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Tempo Platform will be governed by, and will be construed under, the laws of the Province of Ontario    and Federal Laws of Canada, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret this Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.

Section 9 - Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Tempo’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by the Tempo Entities for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Tempo Entities in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Tempo with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Tempo or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Tempo; becomes known to you, without restriction, from a source other than Tempo without breach of this Agreement by you and otherwise not in violation of Tempo’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Tempo to enable the Tempo Entities to seek a protective order or otherwise prevent or restrict such disclosure.

Section 10 - General

If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have , to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Tempo, in our sole discretion without notice to you, except as required by applicable laws. Except as explicitly stated otherwise, any notices to Tempo shall be given by certified mail, postage prepaid and return receipt requested to Tempo Technologies Inc., 211 Butterfly Walk, Ottawa, Ontario K1W 0G6. Any notices to you shall be provided to you through the Tempo Platform or given to you via the email address or physical address you provide to Tempo during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Tempo with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. The place of this Agreement is Ottawa, Ontario.

 

The parties have expressly requested that this Agreement and all documents, including notices, related to this Agreement be drafted in the English language. Les parties aux présentes ont expressément exigé que la présente convention, ainsi que tous documents, y compris avis, connexes soient rédigés en anglais.

 

If you have any questions regarding the Tempo Platform or Services, please contact our Customer Support Team through our Help Center.

Section 11 - Restricted Activities and Code of Conduct

With respect to your use of the Tempo Platform and your participation in the Lessons, you agree that you will not:

 

  • use the Tempo Platform for any illegal purpose;

  • create more than one Profile or Account;

  • solicit Teachers to accept any employment, contract work or performances outside the scope of the Tempo Platform without the express written consent of the Tempo administration. Use the Tempo Platform Services or any location information displayed within the Tempo Platform Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;

  • Use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;

  • impersonate any person or entity;

  • stalk, threaten, or otherwise harass any person, or carry any weapons;

  • violate any law, statute, rule, permit, ordinance or regulation;

  • interfere with or disrupt the Tempo Platform or the servers or networks connected to the Tempo Platform;

  • use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any patents, trademarks, copyrights, or any other proprietary or intellectual property rights;

  • post information or interact on the Tempo Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;

  • use the Tempo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • falsely imply that any statements or claims are endorsed by Tempo;

  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Tempo Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Tempo Platform;

  • “frame” or “mirror” any part of the Tempo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;

  • Modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;

  • rent, lease, lend, sell, redistribute, license or sublicense the Tempo Platform or access to any portion of the Tempo Platform;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Tempo Platform or its contents;

  • link directly or indirectly to any other web sites;

  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Tempo Platform, features that prevent or restrict use or copying of any content accessible through the Tempo Platform Website, or features that enforce limitations on use of the Tempo Platform;

  • transfer or sell your User account, password and/or identification, or any other User's Information to any other party;

  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;

  • violate any of the Referral Program rules if you participate in the Referral Program; or

  • cause any third party to engage in the restricted activities above.

Section 12 - Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Tempo Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Tempo’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

Section 13 - Deactivation and Suspension

Tempo may suspend your right to use the Tempo Platform pending its investigation of a potential breach by you of this Agreement. Tempo may deactivate your account or limit your use of the Tempo Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Tempo will provide you with written notice of its determination. If you wish to appeal this determination, please contact admin@tempomusiclessons.ca within 14 days of receipt of such notice with the grounds for your appeal.

 

If Tempo suspends or deactivates your account or limits your use of the Tempo Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

 

Even after your right to use the Tempo Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Tempo reserves the right to take appropriate legal action pursuant to the Agreement.

 

Tempo reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Tempo Platform at its sole discretion. Tempo will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Tempo shall not be liable to you for any modification or discontinuance of all or any portion of the Tempo Platform. Tempo has the right to restrict anyone from completing registration as a Teacher if such a person may threaten the safety and integrity of the Tempo Platform, or if such restriction is necessary to address any other reasonable business concern.

 

You may terminate this Agreement at any time by ceasing all use of the Tempo Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Tempo Platform.

Section 14 - Account, Password, and Security

You must register with Tempo and create an account to use the Tempo Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Tempo for accessing the Tempo Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Tempo has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Tempo immediately.

Section 15 - Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Tempo designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Tempo Platform is owned by Tempo, excluding User Generated Content, which Users hereby grant Tempo a license to use as set forth above in Section 5  Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Tempo owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Tempo Platform without Tempo’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

 

The service marks and trademarks of Tempo, and associated logos, are service marks owned by Tempo. Any other trademarks, service marks, logos and/or trade names appearing via the Tempo Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Section 16 - Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by e-mail or by posting Notices on the Tempo Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

 

If you have any questions about these Terms of Service or about the Tempo Platform, please contact us at admin@tempomusiclessons.ca.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE TEMPO PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE OF THIS AGREEMENT.