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Terms of Use

Terms and Conditions

Users of pianowella.com should please ensure to read through this agreement before accessing or using this website. All information contained in the website is provided by Pianowella Ltd. You agree to abide by the terms of use when you access this site and its services. We always strive to put our customers first and hence we also desire all users- customers, tutors, staff and guests to please ensure strict adherence to the terms outlined below so we all can enjoy all the benefits of using pianowella.com website. We (Pianowella Ltd) are the owner and licensee of all intellectual property rights in the website and in the materials published on it.

This term of use contains the legally binding terms and conditions for your use of the services (“the service”) offered by Pianowella Ltd. In this term of use, users refer to (“All Users”) guests, customers, staff and tutors. If you disagree with any part of the terms then you may not access the service and that the company may use any information obtained about you in accordance with the provisions of the Privacy policy.

Summary of Service

Pianowella is a music education technology platform that provides all round music education services within Nigeria and across Africa. We provide competent music lessons and private tutors on all musical instruments and voice instructors to homes, schools and religious organizations. Our online training platform is across the globe and provides music education to its users through a curriculum of video lessons, printable materials, downloadable audio files, and interactive live video trainings. Our services are for individuals, families and organizations.

User contributions

All users who post to this site or its blog or chat service agree to the rules stated below, as outlined thus:

      1. Users may not conduct any illegal activity that violates the rights of others;
      2. Users may not use this site or its blog to promote any nudity, abusive or hate speech, fraudulent, harmful, defamatory, libelous or threatening content;
      3. Users may not violate the property right of others or violate the privacy or publicity right of others, or that is in violation of applicable laws;
      4. Users must know that all post on bulletin boards or blog posts are express opinions of the writers and that pianowella is not responsible for the accuracy of any message on its posts;
      5. Users may not use this site to advertise or sell products. All adverts on our blogs are acquired, coordinated and rendered by the blog’s administrator. All issues concerning advert placement is handled by the advert administrator. Pianowella reserves the right to edit, place on hold or delete any document or information or materials submitted or appearing on this site and may refuse access to the site to any user that violates this agreement;
      6. Users may report to the support team any case of misuse (or “inappropriate use”) of our services according to these terms of use.

    Accounts

    All information about your identification details must be accurate, complete and current at all times. Hence, you must provide us with correct and complete information when you create an account with us. Any misinterpretation or misrepresentation which constitutes a breach of terms may result in immediate termination of your account on our service.

    You must ensure you safeguard the password that you use to access this service, and that you are solely responsible for the protection of your password. Notify us immediately of any breach of security or unauthorized use of your account.

    Copyright

    Any unauthorizeduse, publishing or representation by any individual, group, organization, union etc of our trademarks, logos, trade dress, constitutes a breach of our terms and results to criminality and it is punishable under the laws of The Federal Republic of Nigeria. All content, services, products, features, functionality remains the exclusive property of Pianowella and protected by the copyright, trademark, property right and other laws of The Federal Republic of Nigeria. Any reproduction, editing by any means mechanical or electronic without the explicit written permission of Pianowella is expressly prohibited. Pianowella cannot guarantee also that all content and material appearing in this website is not infringing on any registered or non-registered copyrights.

    In these terms, “intellectual property rights” means patents, registered and unregistered trademarks and service marks and design rights, copyright (including such rights in computer software and databases), database rights and moral rights, also all similar rights including those subsisting in inventions, designs, composition, drawings and computer programs.  If you acquire any rights in or to the website, you hereby agree to assign those rights, the world over, to us (“Pianowella”), and unconditionally and irrevocably to waive all moral rights you may have acquired in the website.

    Except as expressly provided in these terms, pianowella do not grant any express or implied right to you to use the materials or information made available to you through the website and nothing in these terms shall be construed as an assignment of any intellectual property rights in or to such materials or information. All our rights are hereby expressly reserved. You may download, save and print extracts from the website for your personal reference only.

    All use of the website as aforementioned and not limited to the above is hereby subject to the following conditions:

        1. You must not use the website in any way that breaches any local, national, or international law or regulation or license which is applicable to you, or which is in any way unlawful or fraudulent;
        2. Users shall not directly or indirectly disassemble, code or decode, decompile, or any attempt to derive a source code or underlying ideas or algorithms of any part of the service, except to the extent applicable laws specifically prohibit such restriction;
        3. You must not misuse the website by knowingly introducing viruses, or other damaging content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server computer or database connected to our website;
        4. Users shall not modify, translate, or otherwise create derivatives of any part of the service;
        5. No form of copying, renting, distribution, or transfer of any rights that you receive hereunder is acceptable.

      Any user that chooses to provide technical, business, or other kinds of feedback to the company concerning the site or the services that Pianowella provides (collectively, “feedback”), the company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You hereby understand and agree that the incorporation by the company of feedback into any of its products or services does not grant you any proprietary rights therein.

      Disclaimer of Warranty

      THEREFORE, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY COMMON LAW, CUSTOM, STATUTE OR OTHERWISE) AND ALL OTHER CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF THE FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY) ARE HEREBY EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.

      PIANOWELLA WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY CONSEQUENTIAL LOSS OR LOSS OF BUSINESS OPPORTUNITIES OR PROJECTS, OR LOSS OF PROFITS) HOWSOEVER ARISING AND WHETHER IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITE, OR ANY OF ITS CONTENTS AND MATERIALS, OR FROM ANY ACTION OR OMISSION TAKEN AS A RESULT OF USING THE SITE OR ANY SUCH CONTENTS.

      Links to other website

      This website may contain links into websites operated by third parties that are not under our control. We make no warranties or representations whatsoever about any other website which you may access through this website or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, functionality, appearance, management, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Any use of such third party website or micro site may be subject to your acceptance of additional terms and conditions.

      Institutional Relation

      It is important for users (“All Users”) to note that Pianowella, as an institution is governed by rules and regulations. These rules set out our operational and structural procedures. At no point in time shall any user breach these institutional provisions as stated herein, thus:

          1. All Pianowella Tutors assigned or not assigned by Pianowella shall abide by strict professional code of conduct and ethics; they are liable to be sanctioned at any time for inappropriate behavior of any kind, such inappropriate behavior as but not limited to the following: assault of any kind, molestation in any way, theft, compromise, breach of trust, financial misdemeanor, abuse or any behavioral tendency that shall cause harm in any way to any staff, student, client or Pianowella’s interest.
          2. All Pianowella staff shall abide by strict professional code of conduct and ethics. They (“All staff”) are liable to be sanctioned at any time for inappropriate behavior of any kind, such inappropriate behavior as but not limited to the following: assault of any kind, molestation in any way, theft, compromise, breach of trust, financial misdemeanor, abuse or any behavioral tendency that shall cause harm in any way to any staff, student, client or Pianowella’s interest.   
          3. All client or student shall relate same as stated above with all staff, tutors assigned or not assigned and also other client as well. At no time shall any staff or tutor be assaulted, molested, or abused in any way by you, your family member, your staff or any of your guests.
          4. At no time shall any client, tutor, staff or student employ any tutor for personal use of any kind. You shall not deal privately in any way with our assigned staff. Any such dealings result to breach in terms. 
          5. Clients with students below 6 years should ensure a nanny is always around during lessons. This will allow the tutors concentrate better on teaching without unnecessary distractions. 
          6. All financial transactions of any kind shall be in favor of Pianowella, and shall be between any user (client) of our platform or services and Pianowella’s financial administrator.
          7. All music materials are provided by Pianowella and primarily to ensure quality assurance.  
          8. Any infringement must be reported to the head of admin immediately for necessary actions to be taken.

        Breach of referral contract:

        1. The referral contract between Pianowella Limited (“Company”) and User/Users {Parent(s) and or Music Instructor(s)} registered or benefitting from the Company’s music services (“Services”) is subject to the following terms and conditions.
        2. A User agrees to the terms outlined in the referral agreement that by using the website (pianowella.com) or its referral service, a contract is reached either by signing up via registration or benefitting from its referral service. Furthermore, a user benefits from any referral of any kind by way of contact sharing, information or any musical service.
        3. In the event of a breach of the referral contract by any user, including but not limited to diverting relations or violation of any terms outlined in the terms and privacy policies, the Company reserves the right to take appropriate action.
        4. Such actions include, but not limited to, payment of a termination fee by the defaulter (s) which amounts to seventy percent (70%) of the total sum of updated fee stated on the invoice for beneficiary or beneficiaries of the service of Pianowella Limited. Upon payment of the termination fee, beneficiaries may be protected from payment of further legal damages and actions. Refusal to pay a termination fee will attract a legal recourse for damages incurred by the Company as a result of the breach. The Company will sue for damages as a result of loss of benefits and business opportunity for 24 months.
        5. A user acknowledges and agrees that any breach of the contract may result in the loss of referral benefits or business opportunity.
        6. The Company reserves the right to modify these terms and conditions at any time without prior notice. It is the responsibility of the user to review and adhere to the latest version of the terms, conditions and policies of the Company, stated on its website.
         

        Limitation of Liability

        In no event shall Pianowella, its directors, employees, partners, agents, suppliers, tutors, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or any damages whatsoever resulting from litigation and the like, whether based on breach of contract , tort, (including negligence), product liability or otherwise, even if advised of the possibility of such damages with respect to goods or services purchased through this site, Pianowella’s liability, in any case, is expressly limited to replacement of defective goods, or at Pianowella’s election, to the repayment or crediting of buyer with an amount equal to the purchase price of the goods. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent of such limitations.

        Indemnification

        You hereby agree to indemnify, defend and hold harmless Pianowella, its affiliates and suppliers from any liability of any kind, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to the site, service, content or otherwise from your user submissions, violation of the agreement, or infringement by you, or related to (i) your violation of this agreement, and (ii) your posting of material to this site.

        Premium Membership on subscription

        In addition to all features of a free account, premium memberships on subscription include lesson materials, sheet music, audio tracks, and interactive games. Please note that membership is a subscription-based service and only provides access to the additional features for a predetermined amount of time. After a subscription has ended, access to the lesson materials, sheet music, audio tracks, and interactive games is no longer provided.

        Lesson Cancelation and Pricing

        In the event a lesson does not hold, or a tutor cannot make it for a lesson, the lesson maybe rescheduled for a much convenient time. Cancellation of lessons will normally be communicated to the client at least two days before and make -up lessons will be arranged and communicated as well. Impromptu cancellation of lessons by clients without prior information may not be covered up. All lessons are measured and priced by number of hours and number of days in a week and charged monthly. Generally, lessons duration maybe a 30-minute, 45-minute, 1 hour or 2 hours lesson. Fees are also determined by location and level of the student(s). Discount on fees may apply to homes where additional student(s) are registered.

        REFUNDS

        Refunds for lessons cancelled will be in installments. All refund payments will not exceed a nine-month plan for all cancelled lessons. An email for payment of the first installment will not exceed the first quarter following. All complaints about delays for payment refund should be forwarded to Head of Admin(HOA) via admin@pianowella.com   

        REGISTRATION

        A registration fee of fifteen thousand naira is charged for your welcome package kit. Your welcome package contains the following items: a music manuscript for exercises, a music book, personalized plan and gifts.  Subsequent charges for lesson materials will be as need arises and will be determined by the progress of the student.

        At the commencement of the lesson, payment is made for the first month. Payment for subsequent monthly fees will be due at the end of the month.

        Lesson Structure

        Upon registration a personalized plan contained in your registration welcome package will be sent to you. Posting usually take within five working days for customers in Nigeria and ten working days for customers abroad.

        Clients should ensure to mark/tick all covered topics and exercises on the music book as the lesson progresses. There will be an online quality assurance assessment to ensure students are taught properly and timely. These assessments are periodically carried out every two months to check the progress of students and targets achieved.

        Tutors maybe changed at different levels of the student’s progressive development. These changes do not affect the students but help to reinforce all-round improvement in the student. Pianowella is structured to help every student regardless of his/her background to achieve the best possible result.

         We have categorized tutors according to their talents and abilities. Some tutors are gifted and trained to handle little beginners while others are specialized for intermediate or established learners. Hence, we make the changes as required and at the right time. This further helps the student learn from a broad perspective.

        Termination

        You may unsubscribe from our email communications by using the link at the bottom of any of our emails or if you wish to discontinue lessons contact support@pianowella.com. We may also terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

        Governing Law and Arbitration

        The laws of The Federal Republic of Nigeria will govern your use of this site, without reference to its conflicts of law principles. Any action, proceeding, controversy or claim between you and Pianowella arising out of or relating to our policies, or your use of the site, shall be brought in the courts of law, and each party hereby submits to the personal jurisdiction of such courts with respect to such actions. If any provision of our policies is held to be removed and the remaining provisions will remain in full force.

        The failure of any party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Therefore, our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.

        Changes to Terms

        Pianowella reserves the right, in its sole discretion, to change or modify the Terms under which pianowella.com is offered. The most recently updated version of the Terms will supersede all previous versions.