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Full MX Recruit Terms and Conditions






Full MX Recruit Terms and Conditions



Musical Exchanges Recruitment Service Terms and Conditions

 1.                  Introduction
This Agreement is a legal document which sets out your rights and obligations and those of The Musical Exchanges Group Limited (“we/us”) in relation to this site and the recruitment services offered by us through it (the “Musical Exchanges Recruitment Service”, commonly referred to as "MX Recruit").  By registering for the Musical Exchanges Recruitment Service you agree to the terms of this Agreement, and you re-affirm that agreement every time you visit the site. Visitors to the Musical Exchanges Recruitment Service who do not register to become a Member similarly affirm that they are bound by this Agreement each time they access the Musical Exchanges Recruitment Service.  You should be aware that this Agreement may change from time to time in accordance with Clause 23 below. Please note that our Terms of Website Use [See HELP - LEGAL STUFF - TERMS OF WEBSITE USE - FULL TERMS OF WEBSITE USE] Acceptable Use Policy [See HELP - LEGAL STUFF - PRIVACY & ACCEPTABLE USE - ACCEPTABLE USE POLICY - FULL ACCEPTABLE USE POLICY] and Privacy Policy [See HELP - LEGAL STUFF - PRIVACY & ACCEPTABLE USE - PRIVACY POLICY - FULL PRIVACY POLICY] also apply in relation to this site and service.

2.                  Types of Membership
People who register for the Musical Exchanges Recruitment Service become “Recruitment Members” or “Members”.  They must be at least 16 years of age. Members will be able to 
  • enter their name, e-mail address and some other details of their band or themselves which will appear on the Musical Exchanges Recruitment Service and which may be updated at any time; 
  • upload photographs and MP3s (or other similar image and/or sound formats which we may change from time to time) 
  • view all other registered Members details displayed on the site; 
  • receive automated e-mails when another Member registers who matches their search criteria or via our ‘Random Band’ service; 
  • contact other Members to gauge interest in meeting up. 
  • receive the e-mail addresses of Members on the site who have authorised the release of their contact details or via our ‘Random Band’ service; 
  • access our Recruitment Member search facility which allows custom searches of other Members using filters such as preference of music genre; geographical area; instruments played; etc; 
However, we are not an internet service provider. In order to avail of the Musical Exchanges Recruitment Service, you must have internet access and all the software (and skills) required for such usage.

3.                  Important Note:  Membership
If you decide to become a Member, and therefore pay our Membership fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid.  You will not be entitled to any refund of that fee.  Your Membership will last for a minimum period of one month.  If you wish to continue with Membership after the expiry of that one month period we will enable you to do so on a week by week basis, at our then-current terms and prices.  But please note that we reserve the right to change the amount of the fee for Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time.  However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Membership.


4.                 
Registration
You undertake to register for the Musical Exchanges Recruitment Service using accurate and current information about yourself – including your correct name/band name, address and any other requested details.


5.                 
Discontinuance of Service
In order to maintain up to date information for members’ use, we may remove your details if you have not logged in for a continuous period of two months.  We may also remove your details if you are one week or more in arrears with your subscriptions. We shall notify you prior to removing your details offering you the opportunity to log in and continue Membership and/or payment.  In the event that we remove your details, we shall not be responsible for cancelling your ongoing subscription with PayPal, which remains your sole responsibility at all times. We shall not be liable for the refund of any subscriptions paid for any time during which your details have not appeared due to the above or similar circumstances.

6.                  Privacy Policy
Our Privacy Policy forms part of this Agreement and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.  Given the global nature of the World Wide Web, any posting on the Musical Exchanges Recruitment Service (including any which contain personal information) is, of course, accessible to internet users around the world.


7.                  Musical Exchanges Role
You acknowledge that we are not and cannot be responsible for the behaviour of Members – whether on the Musical Exchanges Recruitment Service or outside of it.  We only provide a venue where the Musical Exchanges Recruitment Service may be accessed.  In particular you should be aware that we do not pre-screen or monitor the material contributed by Members.


8.                  Additional Services
We or our affiliates may offer new or additional services through the Musical Exchanges Recruitment Service from time to time.  Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with.  Provided those terms or rules are notified to you on the Musical Exchanges Recruitment Service in an appropriate manner (as determined by us in our reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.


9.                  Operation
We reserve the right to withdraw or modify one or more aspects of the Musical Exchanges Recruitment Service where we have legal or technical reasons to do so (including technical difficulties experienced by us or on the Internet).  There may also be times when the Musical Exchanges Recruitment Service becomes unavailable whether on a scheduled or unscheduled basis.  For security or other reasons, we may require you to change password or other information which facilitates access to the Musical Exchanges Recruitment Service.


10.             Misuse of MX Recruit
We reserve the right (a) to suspend or terminate any Member’s access to the Musical Exchanges Recruitment Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Musical Exchanges Recruitment Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement.  Any person whose access has been suspended or terminated must not re-register for, or re-access, the Musical Exchanges Recruitment Service without our prior consent.  You are responsible for everything which is done on or through the Musical Exchanges Recruitment Service while your Membership account is logged on to the Service, or through your e-mail address(es).


11.             Relevance
The Musical Exchanges Recruitment Service is intended to be used by its Members for the purposes referred to in Clause 2 above.  Accordingly, Members must not: 
  • place material on, or otherwise use, the Musical Exchanges Recruitment Service for any commercial purpose; 
  • use your access to the Musical Exchanges Recruitment Service, or information gathered in connection with the sending of unsolicited bulk e-mail (sometimes known as spam).
 12.             Fees
(i)         You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Service.

(ii)        Fees paid by a Member will not be rebated or refunded by us unless the Musical Exchanges Recruitment Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement. 
(iii)       If you are asked for, and provide details of a credit, debit or charge card you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. 
We may add new or ancillary services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.

13.            
Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Musical Exchanges Recruitment Service, nor any activity or communication you make in connection with any Musical Exchanges Recruitment Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.


14.             Alerting
If you see anything on the Musical Exchanges Recruitment Service which appears to infringe this Agreement, then please contact us to inform us of it by e-mailing us.  We do not generally monitor material contributed by Members before it is placed on the Musical Exchanges Recruitment Service, and so we are reliant upon users to point out any such infringement to us.


15.             Withdrawal of Material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the Musical Exchanges Recruitment Service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this Agreement, or of bringing the Musical Exchanges website into disrepute.  However, each user acknowledges that we do not monitor material which appears on the Musical Exchanges Recruitment Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Musical Exchanges Recruitment Service.


16.             Disclaimer and Release
We have no control over or responsibility for the truth or accuracy of any material available on the Musical Exchanges Recruitment Service, whether provided by Members or others.
  • If any third party sites are linked to or from the Musical Exchanges Recruitment Service, this does not mean that we endorse or have any responsibility for the site in question or anything on it. 
  • You should exercise no lesser degree of caution in appraising what you see on the Musical Exchanges Recruitment Service than you do offline. 
  • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal.  Further, you should note that people may not necessarily be who they say they are. 
  • Your use of Musical Exchanges Recruitment Service is entirely at your own risk.  Accordingly, to the extent the law permits, you release us, our directors, contractors and employees from all liability arising out of or in connection with the Musical Exchanges Recruitment Services and the material included here by its Members and other third parties.
 17.             Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Musical Exchanges Recruitment Service (excluding the material which is contributed by Members) are owned by us.  It is easy to copy material which appears on websites, but this does not mean it is legal.  Therefore, no-one may copy, distribute, show in public or create any derivative work from the Musical Exchanges Recruitment Service, or any of the material which is found on the Musical Exchanges Recruitment Service unless properly licensed to do so by us.  By submitting any material to the content to the Musical Exchanges Recruitment Service, you are: 
  • representing that you are fully entitled to do so; 
  • grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute show in public and create derivative works from that material in any form, anywhere; 
  • and authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author of the material in question.
 18.             Excluded Loss
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE OR BUSINESS, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THIS AGREEMENT OR OTHERWISE).  WE WILL ALSO NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT CAUSED BY MATTERS OUTSIDE ITS REASONABLE CONTROL.

19.             Maximum Liability
WITHOUT LIMITING THE PRECEDING CLAUSE, DURING ANY PERIOD OF ONE MONTH THE AGGREGATE LIABILITY OF MUSICAL EXCHANGES UNDER THIS AGREEMENT (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE) WILL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE SUMS PAID BY YOU TO US BY WAY OF MEMBERSHIP FEES DURING THE RELEVANT PERIOD OF ONE MONTH REGARDLESS OF THE CAUSE OR FORM OF ACTION.

20.             Non-excluded Liabilities
NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY FOR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH MAY NOT BY LAW BE EXCLUDED.  ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER REMAIN UNAFFECTED.

 21.             Indemnity
You agree to fully indemnify, defend and hold us harmless immediately upon demand from and against all liabilities, claims and losses, damages, costs and expenses (including legal fees) that may arise directly or indirectly from any breach of this Agreement by you or through a machine on which you assess the Musical Exchanges Recruitment Service.

22.             Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement.  You may not without our written consent assign or dispose of this Agreement.

23.             Entire Agreement
This Agreement includes our Privacy Policy, Acceptable Use Policy and Terms of Website Use, and as a Member you will also be a User as defined therein.  Together they contain the whole agreement between us and you concerning Musical Exchanges Recruitment Service and they replace any earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us.  A person who is not a party to this Agreement has no right under the Contracts Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

24.             Changes to this Agreement
We reserve the right to change this Agreement from time to time and to post the new version on the Musical Exchanges Recruitment Service.  When we do so we will notify you of the fact that there are changed terms on the main screen (www.musicalexchanges.com), and the new version of these terms and conditions will be effected and will govern Musical Exchanges Recruitment Services and your relationship with us.
  • commencing four weeks after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Musical Exchanges Recruitment Service; or 
  • immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you – examples of which would include, without limitation, changes to one or more of Musical Exchanges addresses or e-mail addresses referred to in this Agreement.
25.             Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

26.             Law
This Agreement shall be governed by and construed in accordance with the laws of  England and Wales.

27.             Contact
You can contact us by post at The Musical Exchanges Group Limited, 8 Field Close, Sheldon, Birmingham, B26 2NA. Please do not send cheques to this address.

 

 




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