Thank you for signing up with Practice Pal. We are excited to have you on board and for you to use our Platform to provide music lessons to your students.
Practice Pal is a musical ecosystem of software which connects all those involved in music education – students, parents, teachers, schools and organisations. The teacher’s software, available to freelance music teachers such as yourself as a web app and a desktop app, delivers the platform that helps you organise and manage your students’ music lessons as well as enabling you to teach them online. From time-to-time Practice Pal may add further functionalities.
Practice Pal shall have no liability to the Teacher under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, epidemics or pandemics, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, provided that the Teacher is notified of such an event and its expected duration.
If there is an inconsistency between any of the provisions in the main body of the Agreement and the Schedules, the provisions in the main body of the Agreement shall prevail.
No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Any notice required to be given under the Agreement shall be in writing and shall be given by email or, at the relevant party’s option by pre-paid first-class post or recorded delivery post to the other party at its email (or postal address set out in the Agreement), or such other address as may have been notified by that party for such purposes.
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
The Teacher shall not access, store, distribute or transmit any Viruses, or any material during the course of his use of the Application that:
In creating an Account with Practice Pal the Teacher undertakes and warrants to Practice Pal that they have in place appropriate Student safeguarding policies and procedures. The Account is accessible from a browser-based dashboard and desktop application. The creation of the Teacher’s Account enables the Teacher to deliver online music lessons to relevant Students and make use of the administrative tools. The Account may then create links with such Students wishing to receive music lessons from the Teacher (these links may be to the parents or guardians of the Students). The links are generated in an automatically sent email when the name and email address of the parent or guardian is entered into the dashboard of the Teacher before the parent or guardian is invited to enter into the Student Terms. Once the parent or guardian has received the email with the link, they can then choose to create a Student Account. Practice Pal thereafter sets up the Account with respect to each such Student which is activated on the conclusion of Student Terms with each of them. Each Student is then enabled through his own mobile application provided by Practice Pal to connect to the Account of the Teacher and receive music lessons on the Platform at scheduled times.