INTRODUCTION
These Terms & Conditions (the “Terms”) are an agreement between you or the entity you represent (“you,” “your,” or “user”) and Community Music Initiative Ltd, a limited company governed by the laws of the United Kingdom of Great Britain and Northern Ireland (the “Company”, “we,” “our,” or “us”). The Company owns and operates a website www.onlinemusicexams.org and a mobile application associated with it (collectively, the “Platform”), which provides users with the opportunity to take fully accredited music exams online and obtain certificates of qualification. You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use (i) an online music examination platform, and (ii) services that consist in review of music exams, evaluation of such exams by music professionals and specialists, and provision of certificates of qualification (together, “Services”).
You understand that by using the Platform, you agree to be bound by these Terms. If you do not accept these Terms in its entirety, you must not access or use the Platform. To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform or Services, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Platform and/or Services. Any revisions to these Terms or changes to the Platform and/or Services will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Platform and/or Services and (b) agreement to be bound by any such revised terms and conditions. The Terms include and hereby incorporate by reference Company’s Cookies & Privacy Policy found at www.onlinemusicexams.org/cookies-privacy-policy.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organisation is duly authorised to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.
YOUR ACCOUNT & REGISTERING FOR AN EXAM
Registering for an Exam. In order to register for an online music exam, you must (i) provide certain information about yourself as requested by the Company in the checkout form. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform does not violate any applicable laws, and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are not eighteen (18) years of age and not an emancipated minor, your parent or legal guardian must register for an exam and sit at the exam with you.
Closing or Terminating Your Account. You may close your Account at any time, for any reason, by contacting us directly. The Company may suspend or terminate your Account in accordance with the Term and Termination section of the present Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Platform. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
LICENSE TO USE THE PLATFORM
License. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform including the Content (as defined below); (c) you shall not access the Platform in order to build a similar or competitive service; (d) you shall not remove or destroy any copyright notices or other proprietary markings found on the Platform. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform (including the Content, as defined below). The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
Content. “Content” shall mean examination questions, syllabus, or materials we provide to you via the Platform by us or our licensors, evaluation provided to you by one of our music professionals and specialists. Content shall also mean any audio-video recording made of you during an exam.
RECORDING OF EXAMS, EVALUATION & CERTIFICATION PROCESS
This part will explain how you will take your exam and when you should expect to receive your grade (and certificate, should you successfully pass the exam).
During an exam, an audio-visual recording will be taken of you and you will be asked to provide information that will verify your identity. If the examinee is under the age of eighteen (18), a parent or legal guardian must be present at the exam recording and must verify the identity of such examinee.
Each audio-visual examination page will feature an automated examiner who will ask random questions to the examinee, who will have to perform or answer these tasks during the time allotted.
Your grade will be available within five (5) working days and we strive to reduce the turnaround time to one (1) day.
A qualified examiner contracted by the Company will then mark the examination from the audio-visual recordings. When the evaluation is complete, the grade is automatically sent to our partner , an awarding organisation TLM. An awarding organisation is a UK government approved educational company that complies with and is accredited by the UK government body OFQUAL. Awarding organisations are allowed to create government approved certificates of qualification on behalf of the government.
TLM will moderate the examiner’s marking process and verify that all quality standards have been met.
The examinee’s information (name, date of birth, qualification achieved) will be added to the LRS Learning Records Service’s proof of qualification database. These details will be automatically added to the examinee’s digital certificate, which will be placed in his/her Account along with the marking sheet.
UNUSED EXAMS
Please keep in mind that you have a limited time to complete your exam from the date of purchase, the time of which is given in the description of the product. If you do not complete your exam within the time given following the purchase date, your exam will be annulled without the right of receiving a refund.
PAYMENT TERMS
To register for one of the exams on the Platform and proceed the payment you will be redirected to a secure page where you will be able to make a payment using either your credit/debit card, PayPal, Amazon Pay, Weepay, or Google Pay accounts.
REFUND POLICY
Examination fees cannot be refunded if the exam has been taken in any way or if the examination page has been accessed by an examinee. Refunds will only be provided if proof is given that there has been an irretrievable technical issue with the Platform and where Company has been unable to fix the issue in a satisfactory way. If you are experiencing a technical issue, you must contact us immediately. We will try to respond as soon as possible or within five (5) working days. If you purchase the incorrect exam we may refund you minus transaction fees and subject to; no part of the exam or mock exam being used.
APPEALS
If you are not happy with your examination grade, you must contact us no later than seven (7) days after receiving your grade results. You may be asked to pay for the exam to be re-evaluated, which will cost the same as the initial exam. You will receive your new grade no later than seven (7) days after the payment. If the new grade is higher than the initial one, you will be refunded for re-evaluation of your exam. If the re-evaluation produces the same grade, regardless whether there is a change in percentage or not, then the initial grade will stay the same and you will not be refunded the re-evaluation fee. However, if re-evaluation produces a lower grade than the initial, then the lower grade will take precedence over the original grade and the original certificate will be void and new certificate will be published showing the latest grade obtained. In such a case, you will also not receive any refund. Keep in mind, that you will not be allowed to contest the result of this new grade.
DISPUTES
All complaints and disputes must be made in writing. We will respond to you as soon as possible and not later than five (5) working days following the receipt of your complaint. We will aim to reach a satisfactory conclusion within fourteen (14) working days.
CHANGE IN COURSE MATERIALS
Syllabi and course materials (collectively, “Course Materials”) are developed by course providers we work with. Such Course Materials are posted on websites of such course providers and might be amended from time to time. Company receives notifications when such changes take place. Company will then update the Course Materials on the Platform. You understand that Company is not responsible for initiating changes in any Course Material, therefore, should you learn Course Materials that are later amended by a course developer and which become unsuitable for preparation for an exam, you will not hold Company responsible; and you understand that no refunds will be issued in such a case.
CHEATING POLICY
Should we find evidence suggesting a user cheated at an exam or indicated false identity, we reserve the right to report such evidence along with such user’s information to the LRS Learning Records Service.
ABUSE
If we obtain any evidence that leads us to believe that any abuse has occurred whilst recording has taken place, we reserve the right pass the your personal information on to the relevant government law enforcement agency.
YOUR PRIVACY
At the Company, we respect the privacy of our Platform users. For details please see our Cookies & Privacy Policy at www.onlinemusicexams.org/cookies-privacy-policy. By using the Platform, you agree and consent to our collection and use of personal data as outlined therein and you agree to abide by and not violate such Cookies & Privacy Policy on your part.
WARRANTIES & DISCLAIMERS
The Platform and Services are provided on “as is” and “as available” basis and we (and our partners) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company (and our partners) makes no warranty that the Platform or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PLATFORM, SERVICES, OR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PLATFORM OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION
You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Platform and/or Services, (ii) Content, or (iii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Term. You hereby acknowledge and agree that these Terms shall come into force on the date you register for an exam and/or create an Account and will remain in force and effect until terminated in accordance with these Terms.
Termination. You may terminate these Terms at any time and for any reason by closing your Account. Contact us if you want to close your Account.
We may suspend your rights to use the Platform, Services and Content and/or terminate these Terms by deleting or deactivating your Account, at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of these Terms.
Upon deletion or deactivation of your Account, which automatically leads to termination of these Terms, your right to use the Platform automatically and immediately ends. You understand that deletion or deactivation of your Account involves deletion of Content, including any certificates that might be stored in your Account. We will not incur any liability whatsoever to you for any termination of these Terms, including for any deletion or deactivation of your Account or deletion of Content or certificates. Termination shall not relieve you of the requirement to pay for any outstanding fees.
GENERAL PROVISIONS
Entire Agreement. These Terms and our Cookies & Privacy Policy constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters.
Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform or Services. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to info@onlinemusicexams.org or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Hertfordshire County, United Kingdom for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
Copyright on Content
The contents of this website (including, but not limited to, any text, photographs and other images, and any software contained herein) are protected by United Kingdom Copyright Law and under International Treaties.
No part of this website or its contents may be copied, stored, transmitted, reproduced or distributed in any form or medium whatsoever without the permission of Online Music Exams (“OME”). Any person viewing, or using, this website, in any capacity, is deemed (without limitation) to accept our Website Terms and Conditions as set out below.