Musikind App, Training Course and Accompanying Materials: Terms of Use
Welcome to the Musikind terms of use (Terms). Please read these Terms and our Privacy Policy and print copies for your reference.
Thank you for choosing Musikind (‘we’, ‘us’, ‘our’).
The term ‘Services’ refers to the Musikind app, the online training course and all accompanying materials that are attained via a subscription to Musikind.
There is a checkbox that must be ticked when subscribing to our Services via a paid sign up or the Free Pass and by doing so you (‘the Subscriber’) accept these Terms and our Privacy Policy, as found at www.musikind.co.uk/privacy-policy. Please read both documents carefully before subscribing to our Services. If you refuse to accept these Terms or our Privacy Policy, you cannot subscribe to our Services. Please note that signing up (via Direct Debit, BACS payments or Free Pass) and using our Services indicates that you accept our Terms.
- Provision of Services
- Musikind LTD is the owner and provider of Musikind. Musikind LTD is a company registered in England and Wales under company number 11787338, and with registered office at 58 Hamilton Road, Salisbury SP1 3TQ. Musikind LTD owns the copyright on all materials provided within our Services, except for the mechanical rights of the copyrighted music not composed by Musikind LTD.
- Musikind LTD will provide the Subscriber with access to our Services.
- Musikind LTD reserves the right to add, remove, change and modify content provided within our Services at any time during the term of a subscription.
- Musikind will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Musikind LTD will not be liable for any such failure to keep the Services operational.
- The Subscriber understands, agrees, and accepts that Musikind will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services.
- Accessing our Services
- One Musikind subscription grants one care home on one site (Home) with access to our Services on up to three tablet devices with a paid subscription.
- Free Pass Subscribers are granted use of Our Services on one tablet device, per Home.
- The Subscriber will be required to confirm which Home/s they are subscribing to our Services before login details are provided. The use of the subscription outside of the specified Home/s is strictly forbidden. Separate care homes that are on the same site will require two separate subscriptions.
- Once a Home has subscribed to our Services, the Subscriber is unable to transfer this subscription to another Home.
- Subscriptions to our Services begin once the Subscriber has correctly filled out and submitted our online Direct Debit form or paid via BACS, informed us of the Home/s they are subscribing to our Services and Musikind has provided written confirmation of the subscription.
- Login details to access our Services will be sent via the email address provided by the Subscriber within 72 hours of the Subscriber correctly filling out and submitting our online direct debit form or us receiving cleared funds sent via BACS, and providing us with details of the Home/s they are subscribing to our Services. It is the Subscriber’s responsibility to ensure they provide the correct email address and check their emails regularly to avoid delays over the 72-hour period. The Subscriber is also advised to check their spam folder.
- There is an option to set up subscriptions for multiple Homes via our ‘multi care home offer’. This offer will enable multiple Homes to utilise our Services, up to the number of Homes paid for.
- We reserve the right to collect location data to enable us to monitor the use of our Services.
- A 5 megabyte per second download speed is the minimum recommended internet speed for using Musikind.
- Payment for Services (not applicable during Free Pass usage)
- The Subscriber will pay us a monthly subscription fee via direct debit to access our Services or will pay via quarterly or annual BACS payments.
- The monthly subscription fee paid by the Subscriber will be the ‘unit price’, as detailed on our website www.musikind.com/pricing, multiplied by the number of Homes subscribed.
- Our ‘unit price’ is subject to change and changes will be communicated with at least 30 days’ written notice to the email address provided by the Subscriber during the signing up process.
- Direct Debit payments for accessing our Services will be due on the first day of the month and will be paid in respect of that month.
- BACS payments will be invoiced quarterly or annually and access to our Services will begin on the day the payment has cleared.
- After the first BACS payment, following BACS invoices will be sent 1 month prior to the 6 or 12 month paid period expiring.
- Termination of Services
- Direct Debit Subscribers can terminate their subscription at any time by providing 30 days written notice to hello@musikind.co.uk.
- BACS Subscribers access to our Services will be terminated 7 days after their paid period has expired if we have not received further payments.
- Once the Subscriber has terminated their subscription, they must log out of the Musikind app and online training course, and agree to not continue using our Services if for some reason they do not get logged out. All printed material must be destroyed, or reasonable attempts must be made to do so, except for Music Plans and Music Profiles that were completed prior to termination.
- Once a Free Pass has expired, unless the Subscriber wishes to continue as a paying customer, care homes must log out of the app and are no longer eligible to use the app.
- Music Licences
The music licences acquired by Musikind LTD to communicate copyrighted music to the public via an online source/application does not extend to the Subscriber at the location at which it is being used. The use of the Musikind app as well as other forms of music such as radio, CD, DVD, television, YouTube, Spotify and live performances, may require the Subscriber to acquire a music licence. Musikind LTD does not accept any liability for any additional costs that may be incurred by the Subscriber, or any legal or regulatory action brought against the Subscriber, due to not having the appropriate music licence.
- Liability
- Musikind LTD does not accept any liability for any accidents, injuries, illness or adverse impacts on health and wellbeing that occur whilst using or subsequent to using our Services. All of the music and guidance provide within our Services are intended as suggestions and ideas. The Subscriber is responsible for ensuring the Services are used in a way that does not negatively impact wellbeing.
- Musikind is not a replacement for any medical intervention or any other type of care intervention. It is the sole responsibility of the Subscriber to ensure that our Services are used safely by all its users.
- Musikind LTD makes every effort to ensure that the content within the Services is accurate and up to date and will have no liability for any inaccuracy in information.
- Musikind LTD’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this agreement, shall be limited to the price paid for a single month of subscription for a single Home.
- Musikind is a music streaming service and additional charges may apply from your internet provider if you are not on an unlimited plan.
- Force Majeure
Musikind LTD shall have no liability to the Subscriber under this agreement if it is prevented from, or delayed in performing, its obligations under these Terms or from carrying on its business resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, extremely adverse weather conditions, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour or subcontractors difficulties, war, or civil unrest.
- Variations to Terms
- Musikind LTD may, from time to time and without notice, change these Terms, provided that such changes do not materially affect the nature or scope of the Services or the price.
- These Terms constitute the whole agreement between Musikind LTD and the Subscriber and supersedes all previous agreements between the parties relating to its subject matter.
- Law and Jurisdiction
These Terms, and any non-contractual obligations arising hereunder, are governed by and shall be construed in accordance with English law. The courts of England shall have exclusive jurisdiction in relation to any disputes relating hereto.
- General
- Musikind LTD may assign, transfer, charge or sub-contract its rights and obligations under these Terms, but the Home may not do so, unless Musikind LTD agrees to this in writing.
- No third party may rely on these Terms.
- The parties are each responsible for their own compliance with the General Data Protection Regulation and the UK Data Protection Act 2018 (the “Data Protection Legislation”). Musikind LTD confirms that it complies with the Data Protection Legislation, details of which can be found in the privacy policy mentioned above.