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Terms of Service

Terms of Service

Bandwagon Music Pty Ltd, (“Bandwagon”, “we” or “us”), is a web and smartphone application platform (the “App”) that connects people 1-on-1 for real time, on-demand, live video Mentoring Sessions. These Terms of Service (“Terms of Service”) govern your access to and use of the Bandwagon Music Pty Ltd mobile application platform (the “App”) and the website located at https:/bandwagonhub.com (the “Website”), including any content, functionality and services offered on or through the App or the Website, and any of our other products or services (collectively referred to as the “Services”).

The Services are made available to both Mentors and Mentees (as defined below). For purposes of these Terms of Service, a “Mentee” is anyone who signs up for a Bandwagon Mentees profile in order to connect with a Mentor. A “Mentor” is anyone who creates a Mentor profile for the purposes of sharing his or her time and/or skills or interests for payment and/or charity.  A person can be both a Mentor and a Mentee, but not in the same transaction. In these Terms of Service, Mentors and Mentees are referred to collectively as “you”.

Please read the Terms of Service carefully before using the Services because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action.  By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found 

at https://bandwagonhub.com/privacy (“Privacy Policy”), which are incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to individuals who are 16 years of age or older. By using the Services, you represent and warrant to us that you are 16 years of age or older and are otherwise capable of forming a legally binding contract with us and that your use of the Services is consistent with our Terms of Service, our Privacy Policy, and all applicable law. If you do not meet these requirements, you must not access or use the Services. If you are over 16 years of age or older but under age 18, you should review these Terms of Service with your parent or guardian to ensure that you and your parent or guardian understand all of your rights and obligations.

You acknowledge and confirm that:

  1. you have read and understand all of the terms, conditions, policies, provisions, disclosures
  2. and disclaimers contained herein,
  3. these Terms of Service have the same force and effect as a signed agreement, and
  4. you expressly accept and agree to be bound by the terms hereof.

Changes to these Terms of Service

We may modify these Terms of Service at any time at our sole discretion. We will post notice of changes to these Terms of Service on this page. Changes will not apply retroactively and will only become effective when

    1. you use the Services after you know about the change, or thirty (30) days after they are posted, whichever is sooner. However, changes addressing new functions for a Service or 
    2. changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms of Service accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms of Service. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms of Service are not acceptable to you, you should not access or use the Services after the Last Modified Date.

Data Privacy and Personal Information

By agreeing to these Terms of Service, you also consent to our Privacy Policy, which is incorporated by reference into these Terms of Service. If you live outside the United States, by agreeing to these Terms of Service you consent to the transfer and processing of your personal information in accordance with the Privacy Policy and Australian Law.

You should not submit or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information may be viewable by other members of the App’s community and may be searchable on indexing websites such as Google.

By agreeing to these Terms of Service and our Privacy Policy, you acknowledge and agree that we have the right to display any or all of the information on your profile, including, but not limited to your photograph, in our marketing materials, in the App and on our Website without obtaining your permission.

International Mentors and Mentees

Bandwagon and the services provided are operated from within Australia. If you access the Services from a location outside Australia, you do so on your own initiative and are responsible for compliance with all applicable laws of that jurisdiction, including those regarding security, online conduct and acceptable content. Bandwagon Music Pty Ltd makes no claim that the content of the Services may be utilised, accessed or appropriate outside Australia. You must not access or use the Services from a territory that is embargoed by Australia or from which it is illegal to receive products, services, or software from Australia.

Third Party Links

The Services may link to independent third-party websites or social media widgets, and may give you the ability to link to social media accounts in your Profile. Such hyperlinks are provided for your reference and convenience only. Bandwagon is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information. When you access third party websites or interact or communicate with third parties, including Mentors, through the Services, you do so at your own risk. Bandwagon Music Pty Ltd is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including Mentors. You are solely responsible for your interactions with third parties (including Mentors) and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

If you have a dispute with one more third-party websites or third parties, including Mentors, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. The waiver states that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

Mentee Registration

Using the Services requires you to create a Profile and accept our Terms of Service. Please see our Help/FAQs for additional information on what information is required.

By registering, you represent and warrant:

  1. that all of the information that you provide, including any social media profiles and other links that you choose to add to your profile, is correct, current, and complete;
  2. that you have created an account for yourself and have not  misrepresented your identity or created a false identity; and facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If you believe that your identity or someone else’s identity has been misrepresented, contact us immediately. You may also report Mentees or Mentors who you believe to be in breach of this paragraph.

You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to keep your account information confidential and to not share your account with others.

You agree to notify us immediately of any unauthorised access to your username or password or any other breach of security.

Payment; Credits

To book a Bandwagon session with a Mentor, Mentees must add their credit card or debit card information (“Payment Method”), including full name on the card, card number, expiration date, CVC number, and the complete billing address (including country). The personal information that you provide to us will be collected, and processed in accordance with our Privacy Policy. Your credit card information will be stored on Stripe, as described below.

The Payment Method will be charged at the time of booking. By entering your payment information, you confirm that the Payment Method being used is yours or that you have been authorised by the owner of the Payment Method to use it.  All Payment Methods are subject to validation checks and authorisation by the issuer.  If the credit or debit card issuer refuses to authorise payment, we will not be responsible for any delay in your ability to access and use the Services.

All payment transactions made through our App are processed by Stripe, a service offered by Stripe, Inc., and your payments are processed by Stripe in accordance with Stripe’s terms and privacy policy, available on Stripe, Inc.’s website, https://stripe.com/. By using the Services, you agree to be bound by Stripe Inc.’s terms and privacy policy.

To help ensure that your use of our App is secure, we use Secure Socket Layer (SSL) technology. Bandwagon does not store credit or debit or bank information. Payment information is passed directly via SSL encryption to Stripe for payments and payouts for payroll. We secure the transport using HTTPS to encrypt data to and from the servers, Mentees, and third-party providers. Please note that while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any information that you provide.

Mentor Registration 

Registration as a Mentor requires you to be invited to create a mentor profile. Please see our Help/FAQs for additional information. By providing this information, you:

  1. represent and warrant that all of the information that you provide in your profile is current, correct;
  2. complete, and not misleading, and that you have not registered for any illegal purpose, to facilitate;
  3. any illegal topic, or otherwise for the purpose of providing any illegal information and;
  4. consent to the display of the information that you provide in your Mentor Profile to Mentees. 

Prior to receiving compensation for serving as a Mentor you will need to either designate Stripe as your preferred payment method and enter the information necessary or enter your bank name, account number, routing number, account holder name, account holder type, address and country, all which will be subject to verification by us. This information is not part of your public Mentor Profile. As a security precaution, bank details cannot be edited once verified; instead, you must delete the bank details and add new information as necessary. 

You cannot get paid as a Mentor until your payout details are complete and verified, which may take up to three (3) business days. By entering your bank details, you confirm that the bank account being used is yours or that you have been authorised by the owner of the bank account to use it. To help ensure that your use of our App is secure, we use Secure Socket Layer (SSL) technology. We do not store credit or debit or bank information. 

Please note that while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any information that you provide. Once your Mentor account is set up, your Mentor Profile will be viewable to all Mentees.

Once you become a mentor, you will not be able to delete your Profile. However, you may freeze your Profile in order to not appear in search results or be available for booking Sessions.

We will not be responsible to you for any claims or damages in connection with such freeze, including but not limited to claims for lost profits.

Bandwagon Commission

Bandwagon Administration and Management fees will be 20% of all revenue earned by Mentors from Bandwagon sessions. 

Payments to Mentors

After we deduct our 20% Commission fee, the remaining 80% of all monies earned by the Mentor(s) will be transferred to their selected account directly through Stripe or PayPal, with merchant transfer fees being deducted. 

Mentor and Mentee Ratings

Mentors and Mentees are prompted to rate each other after each Bandwagon session has ended. Mentor ratings are viewable publicly in Mentor profiles.

We will review Mentee and Mentor ratings and take appropriate action as we deem necessary in our sole discretion, up to and including banning a Mentee or a Mentor. By using the Services, Mentors and Mentees agree that we have no liability for any action or failure to take any action as a result of ratings or reports given by Mentors or Mentees.

Collection of Information

Information We Collect About You

We collect several types of information from and about Mentors and Mentees, some of which is personally identifiable and some of which is non-identifying or aggregated, including but not limited to:

  1. information by which you may be personally identified, such as name, postal address, e-mail address, mobile telephone number, or any other identifier by which you may be contacted online or offline, social security number, birthday, credit card or debit card information, and related billing information, including but not limited to bank name and account and routing number, business/entity type, and billing address (“personal information”), including payment information collected and processed by Stripe (see “Collection of information by Third Party Providers” below);
  2. information that is about you but individually does not identify you; and/or
  3. information about your internet connection, the equipment both software and hardware you use to access the Services and usage details.

We collect this information:

  1. directly from you when you provide it to us;
  1. automatically as you use the Services (which information may include usage details, Internet);
  2. Protocol (IP) and MAC addresses and information collected through cookies, web beacons and other tracking technologies), and;
  3. from third parties (such as our business partners and service providers).

Information You Provide to Us

The information we collect on or through the App, the Website, email, text, files, media, audio, video or otherwise through your use of the Services may include:

  1. information that you provide about yourself or others by using our Services, including information provided at the time of registering or subscribing to use our Services (such as username, password, e-mail address, and all other information that you add to your account or Profile), posting material or requesting further Services;
  2. records and copies of your correspondence, if you contact us;
  3. your responses to surveys that we might ask you to complete for research purposes; and
  4. details of any transactions that you carry out through the Services.

You also may provide information to be published or displayed on public areas of the Services, or transmitted to Mentors and Mentees or third parties, including, but not limited to, any messages, ratings, videos, photos, files, metadata, sounds, and music that are viewable or accessible through the App and any text, emails, pictures, videos, audio, files, media, block data, analytical data, network transport packets, reports, documents, and/or metadata that you have sent or received during Bandwagon sessions (“Content”). 

Content is posted on and transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of Mentors and Mentees. Therefore, we cannot and do not guarantee that Content will not be viewed by unauthorised persons. 

You should not submit, transmit, or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information may be viewable and searchable by Mentors and Mentees and third parties on indexing websites such as Google, and may be disclosed to third parties under certain circumstances as provided herein.

Why We Collect Information

The information we collect helps us to improve the Services and to deliver a better and more personalised experience, including by enabling us to estimate size and usage patterns, store information about your preferences, allowing us to customise our Services according to your individual interests, connect you with Mentors and Mentees as applicable, and recognise you when you use the Services.

Legal Bases for Processing

We process personal data for, or based on, one or more of the following legal bases:

  • Performance of a Contract. We use personal data to enter into and to perform under, an agreement between us.
  • Legitimate Interests. We use personal data for our legitimate interests, including contact information, Service interaction, and Website usage data.
  • Compliance with Legal Obligations and Protection of Individuals. We may use personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.
  • Your Consent. We process certain personal data because you have given us your consent to process it in that manner.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Services, and any other information, products or services that you request from us.
  • Present our App and Website and their contents to you.
  • Fulfil any other purpose for which you provide the information for Services.
  • Give you notices about your account.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, if applicable, for billing and collection.
  • Notify you when updates to the Services are available, and about changes to any products or services we offer or provide though our Services.
  • Contact you about our own and third parties’ goods and services that may be of interest to you.
  • Enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information or for any other purposes with your consent.

Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymised, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please support@bandwagonhub.com.

Disclosure of Your Information

We may disclose anonymised, de-identified or aggregated information about our Mentors and Mentees, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To fulfil the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service, found at https://support@bandwagonhub.com/terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Bandwagon, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We may also share aggregated, non-personally identifiable information publicly, including with partners or the press, in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.

Your Choices About Our Use and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms to control certain uses and disclosures of your information. If you do not want your information collected, used, and disclosed as described in this Privacy Policy, you should not submit your information to the Services.

Tracking Technologies. 

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.

Location Information. 

You can choose whether or not to allow the App and/or Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App and/or Website may then be inaccessible or not function properly.

Your Rights Regarding Data

Certain laws provide individuals with enhanced rights in respect of their personal data. These rights may include, depending on the facts and circumstances surrounding, and in certain cases the legal basis for, the processing of personal data, the following:

  • The right to be informed of whether we hold personal data about you.
  • The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
  • The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (a) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (b) performance of a task in the public interest;
  • The right to challenge the accuracy and completeness of your personal data and have it amended as appropriate;
  • The right to be provided with information about our policies and practices with respect to the management of personal data, including: (a) the name or title, and address, of the person who is accountable for our privacy policies and practices; (b) the means of gaining access to personal data; (c) a description of the type of personal data held by us, including a general account of its use; (d) a copy of any brochures or other information that explain our policies, standards, or codes; and (e) what personal data is made available to related organizations;
  • The right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
  • The right to delete and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

Where required by applicable law, we will respond to a valid request relating to your rights within one month of receipt, or within two months where a request is complex or challenging. Note that we may need to request additional information from you to validate your request.

Under certain conditions, you may have the right to require us to:

  • Provide you with further details on the use we make of your personal information
  • Provide you with a copy of the personal information we hold about you
  • Update any inaccuracies in the personal information we hold about you
  • Delete any of your personal information that we no longer have a lawful ground to use
  • Where processing is based on consent, stop that particular processing by withdrawing your consent
  • Object to any processing based on our legitimate interests unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights
  • Restrict how we use your personal information whilst a complaint is being investigated
  • Transfer your personal information to a third party in a standardised machine-readable format.

Withdrawing Consent

If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us.

Accessing and Correcting Your Information

You may review and update your account information by logging into your account and visiting your account profile or settings page.

Collection of Information by Third Party Providers

Bubble Group Inc.

The personal information that you provide to us will be collected, stored, and processed in accordance with our Privacy Policy. Bandwagon Music Pty Ltd uses Bubble Group, Inc’s services to store and process your information in accordance with Bubble Group’s policies, terms, and agreements, available at https://www.bubble.io/terms, with additional information on their privacy policy being found here https://www.bubble.io/privacy. By using the Bandwagon service, you agree to be bound by Bubble Group’s terms and privacy policy. Bandwagon Music Pty Ltd may choose to move object storage data from Bubble Group to Apple iCloud, AWS, Microsoft Azure, Google Cloud, GFS and/or Object Dataflow without notice.

Jitsi

The Bandwagon Music Pty Ltd App uses 8×8 Jitsi as a Service platform in order to provide interactive video and voice capabilities, in accordance with their terms of service and privacy policy. By using the Services, you agree to be bound by 8×8’s terms of service and privacy policy, found here https://www.8×8.com/terms-and-conditions and here https://www.8×8.com/terms-and-conditions/privacy-policy respectively.

Stripe

All payment transactions made through the Services are processed by

  1. Stripe, a service offered by Stripe, Inc. and
  2. Stripe will be used for payment and payout processing for Mentors and Mentees.

Payment transactions are processed in accordance with Stripe, Inc.’s terms and privacy policy, available on Stripe, Inc.’s website, https://stripe.com/. By using the Service, you agree to be bound by Stripe Inc.’s terms of service and other agreements.

Other Third-Party Collection of Information

Some content or applications, including advertisements, on the Services may be served by third-parties, including advertisers, ad networks and servers, content and application providers, and your mobile device manufacturer and mobile device service provider. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Changes and Termination of Services

We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, stop, or delete a Mentor or Mentee account or may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms of Service or if we are investigating suspected misconduct or breach of any applicable laws. You can stop using our Services at any time. We may also stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services at any time and for any reason without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.

Interactions Between Mentors and Mentees

By using the Services, you acknowledge and agree that you: 

  1. have fully evaluated the services and expertise of Mentors before paying for Bandwagon sessions with them; 
  2. you pay for transactions with Mentors at your own risk; and (iii) by using the Services, you waive any and all rights or claims that you may have to obtain a refund.

By using the Services, you acknowledge and agree that: 

  1. we do not review or endorse nor have any liability to Mentors or Mentees with respect to any content, communication, or advice provided through interactions that are facilitated through the App, including any media (including pictures, videos, and/or files) sent and received during Bandwagon sessions nor ratings;
  2. we do not verify the accuracy of information provided by Mentors or Mentees; 
  3. we do not review or verify communications between Mentors and Mentees, and do not endorse or support any advice or communication facilitated through the Services; 
  4. we do not do background checks on Mentees or Mentors and does not verify, vet, or review the identity of Mentors or Mentees or the services and expertise that they offer, and we are not responsible for validating or vetting the expertise or qualification of any particular Mentor. Mentees are solely responsible for verifying any information before relying on it and paying for interactions based on it, and for determining the suitability of any information obtained through the Services. We do not represent or warrant that any such communication will meet Mentors or Mentees expectations and does not make any representations or warranties with respect to the quality of interactions between Mentors and Mentees, and is not responsible for the quality of interactions between Mentors and Mentees.

We make no guarantee to Mentees that any transaction request submitted will be accepted, nor that any messages that Mentees send to Mentors will be answered. Bandwagon will have no liability to Mentees for any failure to connect or interact with a particular Mentors. If you have a dispute with a Mentor or a Mentee, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. This waver states that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

Recording Bandwagon Sessions

Mentors and Mentees acknowledge and agree that any video or other recording of any Bandwagon sessions is the sole property of Bandwagon Music Pty Ltd.  Mentors and Mentees can record their sessions and save them to the App or Website, but are not allowed to share or post them outside of the App or Website, including, but not limited to, on social media sites. A violation of this section could result in your removal from Bandwagon.

Only one person at a time can record a session, so if a Mentor is recording, a Mentee will not be able to hit the record button and vice versa.  All session videos that have been recorded are archived and can be viewed by either the Mentor or Mentee. We may charge a fee for storing multiple session videos.

Licenses Granted

Bandwagon grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms of Service.  We reserves all other rights in the Services not expressly granted to you.

You grant Bandwagon a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit through the Services, or is transmitted to Mentors and Mentees or third parties, including but not limited to any messages, ratings, videos, photos, files, metadata, sounds, and music that are viewable or accessible through the App and any text, emails, pictures, videos, audio, files, media, block data, analytical data, network transport packets, reports, documents, and/or metadata that you have sent or received during Bandwagon sessions (“Content”). You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not Bandwagon is fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content. We cannot guarantee the identity of any other Mentors with whom you may interact in the course of using the Services, or the authenticity of any information that Mentors may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

All files and blocks of data information stored, uploaded, downloaded and/or sent through to or from the Services (including physical data, virtual data, and metadata) shall be solely owned by Bandwagon Music Pty Ltd. All files shall be stored, replicated, backed up, added to, edited, moved, or removed at the sole discretion of Bandwagon Music Pty Ltd.

You grant us a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback you make relating to the Services, with no obligation to pay you royalties or any other compensation.

Conduct and Community Guidelines

You may use the Services only for lawful purposes and in accordance with these Terms of Service Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:

  • Mentors and Mentees will not post to any social media network or otherwise share any video or recording of any Bandwagon session; any such video or recording is the sole property of Bandwagon Music Pty Ltd.
  • You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
  • You will be respectful and considerate of other Mentors and Mentees and will not harass or threaten other Mentors or Mentees or violate the rights of any other party, and you will do your part to make the App a safe, supportive community for all Mentors and Mentees
  • You will not impersonate someone else or misrepresent your affiliation with someone else.
  • You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate Bandwagon, a Bandwagon employee, another Mentor or Mentee, or any other person or entity (including, without limitation, by using e-mail addresses or Mentee names associated with any of the foregoing).
  • You will not post Content that infringes another’s intellectual property rights.
  • You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
  • You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.
  • You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.
  • You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
  • You will not submit or post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
  • You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another’s use of the Services.
  • You will not attempt to hack or otherwise gain unauthorised access to the Services or Mentor or Mentee accounts.
  • You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts).
  • You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
  • You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
  • You will not threaten, dox, or otherwise harass Mentors or Mentees.
  • You will not submit or post information that is inaccurate, false, fraudulent, or misleading, including doctored photos or submissions made under false pretence.
  • You will not submit or post unlawful, harassing, libellous, abusive, threatening, violent, defamatory, vulgar, obscene, racist, harmful, inappropriate, discriminatory, sexually explicit, or otherwise objectionable material of any kind.
  • You will not act in a manner that violates these Terms of Service.
  • You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
  • You will notify us immediately of any content of the Services that violates these Terms of Service.

We have the right to: 

  1. remove or refuse to post any Content for any or no reason in our sole discretion; 
  2. take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Mentors or Mentees or the public or could create liability for Bandwagon; 
  3. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS BANDWAGON AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Proprietary Rights

The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Bandwagon, are: 

  1. owned by Bandwagon Music Pty Ltd, its licensors or other providers of such material, 
  2. protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, 
  3. are intended solely for the personal, non-commercial use of our Mentors and Mentees, and 
  4. may only be used in accordance with these Terms of Service.

Using our Services does not give you ownership of any intellectual property rights in the Services or any content on the Services. You may not use content from the Services, including Content, unless you obtain permission from Bandwagon Music Pty Ltd and the Mentor who generated the content, if different from Bandwagon, or are otherwise permitted by law. These Terms of Service do not grant you the right to use any of Bandwagon Music Pty Ltd’s technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Bandwagon Music Pty Ltd. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark and other laws.

Claims of Copyright Infringement

If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to support@bandwagonhub.com

The notice should include:

  • Your full name and electronic or physical signature.
  • Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
  • A statement that you are the owner, or are authorised to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
  • A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorised by the copyright owner, its agent or by law, such as fair use.
  • A description of the copyrighted work(s) that you claim has been infringed.
  • A description of the location of the copyrighted materials on the Services.

Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning Bandwagon or their Services electronically, including notice to any email address that you may provide.

Term and Termination

These Terms of Service will remain in effect until terminated by us. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms of Service or for business reasons. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

You agree that we may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. We have no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.

Disclaimer of Representations and Warranties

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER BANDWAGON NOR ANY PERSON ASSOCIATED WITH BANDWAGON MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. 

WITHOUT LIMITING THE FOREGOING, NEITHER BANDWAGON NOR ANYONE ASSOCIATED WITH BANDWAGON REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BANDWAGON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION.

You may not assert claims for money damages arising from the Services or any associated content against Bandwagon, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. Bandwagon, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort, criminal activity (including negligence), breach of contract or otherwise, even if Bandwagon knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content or Content, (ii) any interaction with any third party through or in connection with the Services, including Mentors and other Mentees, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall Bandwagon, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Bandwagon liability shall be limited to the extent permitted by law.

Indemnification

You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless Bandwagon, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service or violation of a third party’s rights. We reserve the right, at Bandwagons’ own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Bandwagon in asserting any available defences.

Limitation on Time to File Claims

Any cause of action or claim you may have that arises out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Choice of Law and Jurisdiction

You agree that the laws of the State of New South Wales and Australian Federal Law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against Bandwagon, without regard to New South Wales conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New South Wales, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. It is also agreed that if a dispute arises between the parties. That the dispute will be referred to Australian Arbitration and Mediation in accordance with Australian Mediation and Rules of Arbitration.

Binding Arbitration

In the rare event you have a dispute with us, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Bandwagon arising out of or relating to these Terms of Service, the Services, including the enforceability of these Terms of Service or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the Australian Arbitration Commission under the Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.

Your arbitration fees and your share of arbitrator compensation shall be governed by the Arbitration Commission rules and, where appropriate, limited by the Australian Consumer Rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms of Service, you and Bandwagon may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event Federal Arbitration Commission refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Bandwagon shall be exclusively brought in the state or federal courts of New South Wales, Australia.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

Severability and Integration

These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and Bandwagon. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

General Provisions

You may not assign these Terms of Service without Bandwagons’ prior written approval. Bandwagon may assign these Terms without your consent to: 

  1. a subsidiary or affiliate; 
  2. an acquirer of Bandwagons’ business or assets; or 
  3. a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Bandwagon as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bandwagon in writing.

Contact Information

The Services are owned and operated by Bandwagon Music Pty Ltd. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at support@bandwagonhub.com

General Disclaimers for Bandwagon Music Pty Ltd

All the information contained in this Bandwagon Platform is published in good faith and for general information purpose only. Bandwagon Music Pty Ltd does not make any warranties about the completeness, suitability, reliability, availability and accuracy of this information, products, services, or related graphics contained in the platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Any action you take upon the information you find on this platform is strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this platform.

From our platform, you may visit other websites by following hyperlinks to such external sites, however, these websites are not under the control of Bandwagon Music Pty, Ltd. While we strive to provide only quality links to useful and ethical websites, we have no control over the content, availability and nature of these sites. These links to other websites do not imply a recommendation or endorsement of all the content and views expressed on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our platform, other sites may have different privacy policies and terms. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

Consent

By using the Bandwagon Platform, you hereby consent to our disclaimer and agree to its terms.

Update

Should we update, amend or make any changes to this document, those changes will be prominently posted here. Every effort is made to keep the website up and running smoothly. However, Bandwagon Music Pty Ltd takes no responsibility for, nor will be liable for, the platform being temporarily unavailable due to technical issues beyond our control.

Earnings

Every effort has been made to accurately represent our Mentors, mentoring programs and the educational value they provide. However, there is no guarantee that a mentor will earn money by using this site.  When we present revenues and figures based on mentor session sales, we are showcasing exceptional results, which do not reflect the average mentor experience. You should not rely on any revenue, session sales or earnings information we present as any kind of promise, guarantee or expectation or any level of success or earnings. 

Your results will be determined by a number of factors over which we have no control such as your experience, skills, level of effort, qualifications, reputation and changes within the market. Running an online business carries risks, and your use of any information contained on this platform is at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our platform as a mentor and access our content, you agree that we are not responsible for any decision you may make regarding information presented on the platform or as a result of the purchase of any of your services.