Terms of Use

 

Date: 5 January 2018

 

  1. Acceptance of Terms of Use

 

By accessing, registering/creating an imtunedin account and using this Site (as defined below) and/or by using the Services (as defined below) you agree to comply with and be bound by the following Terms of Use; all terms and conditions contained and/or referenced herein; and/or any additional terms and conditions set forth on this Site. all such terms shall be deemed accepted by you. If you do not agree to all such Terms, you should not access, register, create or use the Site and/or Services; and/or should deregister, cease accessing or using the Site and/or Services immediately.

 

The Terms of Use apply to Members (as defined below) and Visitors (as defined below).

 

  1. Definitions

 

Term

Meaning

 

 

Admin Fee

means the administrative and cancellation fee exclusive of Tax which may be imposed by ImTunedIn in respect of any cancellation of the Musician Services relating to the Event, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Business Day

means a day other than a Saturday, Sunday or public holiday in Singapore.

 

Client, “you” or “your”

 

means the individual or corporation who accepts the Musician Services;

 

Deposit

means the sum amounting to 50% of the Price; to be held by ImTunedIn as security for the performance of the Client’s obligations in accordance with the Terms of Use;

 

Event

means the Musician Services that are to be performed by Musician for the Client for a specific event (for example wedding, birthday party, annual dinner & dance) on a specific date, time period, location/venue, performance times and for specified description of performance services that have been mutually agreed between the Musician and Client;

 

Event Fee

means the amount charged by the Musician on the Client for the agreed Musician Services relating to the Event exclusive of Tax;

 

ImTunedIn, “we”, “our” or “us”

means ImTunedIn Pte Ltd (Company No.: 201502745C), a company incorporated in Singapore, and having its registered address at 46 Toh Close, Singapore 508015 or ImTunedIn;

 

Members, “you” or “your”

 

means registered users of the Site and/or Services including Musicians and/or Clients;

 

Musician and “you” or “your”

 

means individuals or corporations who offer Musician Services;

 

Musician Services

means the performance of a variety of live musical performances (including different types of music genre) at a variety of events (including weddings, annual dinner & dance, birthday parties) and locations (including indoor and outdoor);

 

Price

means the total aggregate amount of the Event Fee and the Service Fee payable by the Client to ImTunedIn exclusive of Tax;

 

Service Fee

means the service fees, exclusive of Tax, imposed by ImTunedIn on the Client for using the Site and/or Services, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Services

means any and all services offered by ImTunedIn on its Site to connect musicians, artists, music-related businesses and clients including BandChat, BandCal, BandFinder, BandHelp as may be amended, varied, modified, suspended, or discontinued by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Site

means the ImTunedIn website @ www.imtunedin.com including any subdomains thereof, and any other websites ImTunedIn makes the Services available on including via our mobile, tablet or other smart device applications;

 

Tax

means all duties, taxes (including value added, sales, use, business, excise or withholding taxes), assessments or charges of any kind that are assessed on the Price;

 

Terms of Booking

ImTunedIn’s terms, conditions, rules and restrictions associated with the booking, variations or cancellations of Musician Services relating to the Event, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretionp;

 

Terms of Use

means these Terms of Use including the Privacy Policy and User Guidelines, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Visitors, “you” or “your”

 

means unregistered users of the Site and/or Services.

 

 

  1. Scope of Services

 

  1. ImTunedIn is an online platform that offers an online platform for live music. It connects musicians, artists, music-related businesses and consumers/clients. Members may use the Site and/or Services, to liaise with other Members with a view to engaging the performance of the Musician Services.

 

  1. The Site and Service is owned by ImTunedIn. ImTunedIn merely provides the online platform for the Musician to deal with the Client. ImTunedIn does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Musician Services.

 

  1. The Client, by making a booking and placing a deposit for the Musician Services via the Site; and the Musician by accepting the Client’s booking, is entering into a contract of sale and purchase directly with the Musician. ImTunedIn is not a party to such contract and is not acting as agent in any capacity for any Member except in relation to facilitating payment as described herein.

 

  1. YOU ACKNOWLDEGE THAT IMTUNEDIN DOES NOT PROVIDE LIVE MUSICAL PERFORMANCES AND THAT SICH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS.

 

  1. Relationship of Parties

 

  1. Your relationship with ImTunedIn, be it as Member or Visitor, shall be and at all times shall remain one of an independent contractor and not as an employee, agent, joint venture or partner of ImTunedIn for any reason whatsoever. You are not in any way ImTunedIn’s legal representative or agent. You shall not at any time or in any way represent YOURself as being an agent or other representative of ImTunedIn or as having any authority to assume or create obligations or otherwise act in any manner on behalf of or for the benefit of ImTunedIn, expressed or implied, with respect to the Services or Site or otherwise. You act exclusively on your own behalf and for your own benefit.

 

  1. Nothing contained in the Terms of Use shall be construed to constitute the parties as principal and agent, partners, co-owners or otherwise as participants in a joint venture or common undertaking. For the avoidance of doubt, individuals involved in the provision of Musician Services shall not be deemed as employees of ImTunedIn.

 

  1. Accuracy of Information

 

  1. Although care has been taken to ensure the accuracy of the information contained in the Site will not contain errors, inaccuracies or omissions on this Site, ImTunedIn does not review and has no control over and therefore assumes no responsibility for:

 

  1. the existence, quality, safety, suitability or legality of any Musician Services advertised;

 

  1. the truth or accuracy of any Musician Services descriptions, ratings, reviews, or other content; and/or

 

  1. the performance or conduct of the contract of sale by the Musician and Client including the ability of the Musician to perform the Musician Services or the ability of the Client to pay for the Musician Services.

 

  1. ImTunedIn does not endorse any Member or Musician Services. You should always exercise due diligence and care when using the Site and/or Services including whether to book and/or accept the Musician Services; and/or communication and interaction with other Members, and/or Visitors, whether online or in person.

 

  1. Representations, Warranties & Undertakings

 

  1. You represent and warrant as follows:

 

  1. You have the full power, legal right and authority to use the Site and/or Services;

 

  1. You have the legal capacity and authority to enter into and bind yourself by contracts with the other party. For example, in certain countries, you must be at least 18 years’ old in order to enter into a legally binding contract;

 

  1. You have the full power, legal right and authority to perform your obligations hereunder and have taken all necessary corporate and other action to authorize the execution, delivery and performance hereunder and have obtained all necessary consents or approvals;

 

  1. You will not breach any applicable licenses, orders, instruments, laws and/or regulations by use the Site and/or Services and or entering into contracts directly with the other party, as the case may be;

 

  1. If you create your ImTunedIn account via a third-party social networking site, you agree that ImTunedIn shall be entitled to access, make available and story any content that you have provided on such site; and such content shall be considered as content for the purposes of this Site and/or Services;

 

  1. You understand and comply with all laws, rules and regulations that may apply to the provision of the agreed Musician Services relating to the Event;

 

  1. You will obtain any required licenses, permits, or registrations prior to the provision of the agreed Musician Services relating to the Event. For example, you are responsible for arranging and obtaining the appropriate music licenses, if any;

 

  1. You shall arrange and obtain adequate insurance coverage for the performance of the Musician Services at the Event; and/or

 

  1. You shall not accept or make a payment outside the ImTunedIn Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms Use; (ii) accept all risks and responsibility for such payment, and (iii) hold ImTunedIn harmless from any liability for such payment.

 

  1. You undertake that you shall be solely responsible and liable for:

 

  1. providing accurate and comprehensive information on the Site and/or Services including your listings and the accuracy of their Musician Services;

 

  1. to updating your information on the Site and/or Services to ensure that the information is current and complete;

 

  1. complying with all relevant and applicable laws rules, regulations including tax obligations, and permits and licensing requirements that may apply to your use of the Site and/or Services. For example, in certain countries, individuals or companies that are in the business of providing entertainment such as music will be required to obtain one or more licenses depending upon the event or activity being organized. You may also require a work permit. Consequences for non-compliance may include fines and/or imprisonment. If you have any concerns, please contact your independent legal advisor;

 

  1. complying with ImTunedIn’s policies including ImTunedIn’s Privacy Policy, User Guidelines. Consequences for non-compliance may include termination of your ImTunedIn account;

 

  1. any and all activities conducted through your ImTunedIn account;

 

  1. using the Site and/or Services for the specific purposes permitted by these Terms or Use and not for any other reason whatsoever;

 

  1. using the Site and/or Services to request, make or accept a booking. You shall not make or accept a booking independent of the ImTunedIn platform, in order to circumvent payment of any Service Fee or for any other reason; and/or

 

  1. safeguarding and maintaining the confidentiality of your ImTunedIn account (including username and password).

 

  1. Terms specific to the Musician

 

The following terms shall apply to the Musician:

 

Booking

 

  1. In order to be eligible to offer your Musician Services on the Site or to use our Services, you must create an ImTunedIn account.

 

  1. You must provide a profile of your musical talent, interests, equipment and experience including gigging experience, previous clients and the equipment you use. Your profile must be complete and accurate and include any other relevant information as may be useful to the Client. You are responsible for keeping your profile up-to-date. ImTunedIn reserves the right to require you to provide additional information, from time-to-time; and to decide, in its sole and absolute discretion, if your profile be published on the Site.

 

  1. You are solely and exclusively responsible for setting your Event Fee for the engagement of the agreed Musician Services relating to the Event. Once a Client requests a booking of the agreed Musician Services, you may not increase the Event Fee for any reason whatsoever.

 

  1. You are solely and exclusively responsible for agreeing, with the Client, the scope of the Musician Services relating to the Event. Once a Client requests a booking of the agreed Musician Services, you may not change the scope of the Musician Services relating to the Event (including increasing or reducing the number of band members, changing the band members etc.) that are offered to the Client. You may only make such changes if there is a valid reason for such change and the change does not materially adversely affect the Musician Services offered to the Client.

 

  1. When you accept a booking confirmation from ImTunedIn and ImTunedIn has received the Deposit or the Price, as the case may be, from the Client for the agreed Musician Services relating to the Event, you acknowledge and agree that are entering into a legally binding agreement with the Client for the agreed Musician Services relating to the Event. You agree to accept ImTunedIn’s Terms of Booking.

 

Equipment

 

  1. You are responsible for ensuring that any and all equipment provided in connection with the agreed Musician Services relating to the Event, if any, shall be in good and safe working condition.

 

Licenses

 

  1. You are responsible for arranging and keeping current the appropriate music license(s), if any, if you are either playing records or are using music copied to other media for public performances.

 

Payment

 

  1. You acknowledge that ImTunedIn is authorised entitled to collect payments from the Client on behalf of the Musician.

 

Payment Terms

 

  1. You must have a valid payment method on file with ImTunedIn at all times. You must provide all required and accurate information relating to your preferred payment method. If there is a mistake in the information provided and as a result your payment is returned to us, we will deduct the payment charges, if any, from your Event Fee.

 

  1. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against ImTunedIn, for any failure, disruption, delay or error in connection with your chosen payment method. ImTunedIn reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

 

  1. Subject to a dispute raised by the Client in accordance with the Terms of Use, ImTunedIn will endeavour to pay the Event Fee (less applicable charges or Tax, if any) or any other payment that may be due to the Musician by the Thursday following net seven (7) Business Days of the date of the Event or the due date for such other payment, as the case may be.

 

  1. Musician acknowledges and agrees that ImTunedIn maypermit the Musician or Client, as the case may be, to vary, amend or cancel a booking and in such event, refund to Client such portion of the payments made by the Client in accordance with the Terms of Booking.

 

  1. ImTunedIn reserves the right to impose an Admin Fee on the Client, at its sole and absolute discretion.

 

  1. All determinations by ImTunedIn shall be final and binding on the Musician.

 

  1. You shall have no obligation to commence any Musician Services relating to the Event until the Price has been received by ImTunedIn.

 

Taxes

 

  1. You acknowledge and agree that you are solely responsible for your own tax affairs and will comply with the relevant and applicable tax laws where you are performing the Musician Services relating to the Event and in your country of residence.

 

  1. You acknowledge that ImTunedIn is authorised and entitled to withhold from the Event Fee any sums we are required by law to withhold or deduct and pay such withholding or deduction to the relevant authority. In such a case, we will provide you with relevant documents evidencing the withholding or deduction.

 

Breach of Terms of Use

 

  1. If the Musician does not perform or cancels the agreed Musician Services relating to the Event for any reason whatsoever (and not due to any fault, wholly or partly, attributable to the Client), you will not be paid the Event Fee. You agree that ImTunedIn may apply penalties or consequences to the Musician including negatively affecting the Musician’s listing ranking, automated reviews indicating issues, cancelling future bookings, suspending or removing a listing, blocking the Musician’s calendar for such dates, or imposing cancellation fees including the Admin Fee. You will also be liable to reimburse ImTunedIn, within seven (7) days, for any expenses, costs and loss of revenue incurred by ImTunedIn as a result of such non-performance or cancellation.

 

  1. Terms specific to the Client

 

The following terms shall apply to the Client:

 

Booking

 

  1. In order to be eligible to book the Musician Services on the Site or to use our Services, you must create an ImTunedIn account.

 

  1. You are solely and exclusively responsible for agreeing the Price with the Musician for the agreed Musician Services relating to the Event. Once the Musician accepts your booking of the agreed Musician Services relating to the Event, you may not vary, amend or increase the Price for any reason whatsoever.

 

  1. Prior to booking, you must carefully review the description of the Musician Services you intend to book for the Event and any other requirements that has been provided by the Musician. You are solely and exclusively responsible for agreeing the Musician Services relating to the Event. Once the Musician accepts your booking of the agreed Musician Services relating to the Event, you may not vary, amend or change the scope of the Musician Services (including increasing or reducing the number of band members, changing the band members etc.) for any reason whatsoever. You however acknowledge that the Musician may vary the scope of the Musician Services relating to the Event (including increasing or reducing the number of band members, changing the band members etc.) provided there is a valid reason for such variation and such variation does not materially adversely affect the scope Musician Services.

 

  1. All bookings made by Client shall be deemed as an offer made by the Client to the Musician for the Musician Services and are subject to acceptance by the Musician via a booking confirmation from ImTunedIn and receipt of the Deposit or the Price, as the case may be, by ImTunedIn for the agreed Musician Services relating to the Event. You agree to accept ImTunedIn’s Terms of Booking.

 

  1. Upon the Musician accepting a booking confirmation from ImTunedIn and ImTunedIn receiving the Deposit or the Price, as the case may be, from the Client for the agreed Musician Services relating to the Eventfrom the Client, a legally binding agreement is formed between you and the Musician, subject to any additional terms and conditions of the Musician that apply.

 

  1. You acknowledge and agree that the Musician may change the scope of the Musician Services relating to the Event (including increasing or reducing the number of band members, changing the band members, etc.) of the Musician Services relating to the Event provided the Musician has a valid reason for such change and the change does not materially adversely affect the Musician Services relating to the Event.

 

Payment

 

  1. The Price including the Fee and any applicable Tax will be presented to you prior to booking the agreed Musician Services relating to the Event. You agree to pay the Price for such request using the Site and/or Services. You also agree to pay the Fee and any applicable Taxes, which will be collected as part of the Price.

 

  1. Payment of the Price shall be made by Client directly to ImTunedIn.

 

Payment Method

 

  1. You may pay for the Price using any of the payment methods prescribed by ImTunedIn from time to time e.g. (i) bank transfer, (ii) credit/debit card via Paypal or (iii) cheque.

 

  1. All payments are to be made net cash without any deduction, in SGD. Payment shall not be deemed effected until irrevocably available funds have been received in full by ImTunedIn in its nominated bank account.

 

  1. Client shall have no right of set-off or right to make any form of withholding or retention against any payment of the Price.

 

  1. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against ImTunedIn, for any failure, disruption or error in connection with your chosen payment method. ImTunedIn reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

 

  1. You acknowledge that ImTunedIn is entitled to collect payments from the Client on behalf of the Musician.

 

Service Fee

 

  1. ImTunedIn may charge Service Fee to Client in consideration for the use of the Site and/or Services. Any applicable Service Fee (including any applicable Tax) shall be displayed to a Client prior to accepting the Musician Services. ImTunedIn will deduct the Service Fee from the Price before remittance of the Event Fees to the Musician.

 

  1. ImTunedIn reserves the right to change the Service Fee at any time, from time-to-time, in its sole and absolute discretion, and we shall provide Clients adequate notice of any such changes before they become effective.

 

  1. You are responsible for paying any Service Fee that you owe to ImTunedIn. The applicable Service Fee are due and payable and collected by ImTunedIn. Except as otherwise provided, the Service Fee is non-refundable.

 

Payment Terms

 

  1. Payment of the Price shall be made in the following manner:

 

  • Payment

    Credit/debit card via Paypal

     

    Bank Transfer

    Cheque

    Deposit

    Immediately upon booking

    Within seven (7) days of the booking

     

    Within four (4) days of the booking

     

    Balance of the Price

    No less than thirty (30) days prior to the Event

    No less than thirty (30) days prior to the Event

    No less than thirty-five (35) days prior to the Event

     

 

  1. Subject to a dispute raised by the Client in accordance with the Terms of Use, Client hereby acknowledges and agrees that ImTunedIn shall be authorised to pay the Price (less applicable charges or Tax, if any) or any other payment that may be due to the Musician.

 

  1. Client acknowledges and agrees that ImTunedIn may permit the Client or Musician, as the case may be, to vary, amend or cancel a booking and in such event, refund to Client such portion of the payments made by the Client in accordance with the Terms of Booking.

 

  1. ImTunedIn reserves the right to impose an Admin Fee on the Client, at its sole and absolute discretion.

 

  1. All determinations by ImTunedIn shall be final and binding on the Client.

 

 

Breach of the Terms of Use

 

  1. You acknowledge and agreed that any request, acceptance or payment for the Price that is not made through the ImTunedIn Site is in breach of the Terms of Use; you therefore accept all risks and responsibility for such payment, and shall hold ImTunedIn harmless from any liability for such payment.

 

Payments to Musician

 

  1. In the event ImTunedIn is not notified by the Client within three (3) days of the Event of any material issue pertaining to the agreed Musician Services relating to the Event including a no-show by the Musician, ImTunedIn shall be authorised or deemed authorised by Client to release the Event Fee excluding Tax, if any, to the Musician.

 

  1. Tax

 

  1. If any Tax is imposed on ImTunedIn by authorities in the country where the Musician Services will be performed, the Musician shall reimburse ImTunedIn for all such amounts.

 

  1. Where ImTunedIn is obliged by applicable law to make a deduction from any payment due to the Musician in relation to any such duties, taxes, assessments or charges, ImTunedIn shall increase the payment to be made such that the net payment received by ImTunedIn is without any such deduction.

 

  1. Ratings and Reviews

 

  1. Members may leave a public review and submit a rating about each other. Any reviews and ratings reflect the opinions of individual Members and do not reflect the opinion of ImTunedIn. Ratings and reviews are not verified by ImTunedIn for accuracy and may be incorrect or misleading.

 

  1. Reviews and ratings by Members must be fair, truthful and factual and must comply with ImTunedIn’s User Guidelines.

 

  1. Members shall not manipulate the reviews and ratings system in any manner.

 

  1. Disclaimer & Limitations

 

  1. To the fullest extent permitted by applicable law, IMTUNEDIN HEREBY EXPRESSLY DISCLAIMS ANY AND all conditions, REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, that are not expressly set out in the Terms of Use or which are implied, statutory, customary or otherwise and which, but for this exclusion and disclaimer, would or might subsist in favour of you, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

  1. Without limiting the foregoing, IMTUNEDIN MAKES NO REPRESENTATION, warrantY OR GUARANTEE THAT the Site, Services OR Content will be timely, OF quality, suitable, available, accurate, uninterrupted, secure, error-free, or without omission, that defects will be corrected, or that the Site, Services OR content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device.  IMTUNEDIN does not warrant or make any representations regarding the use of the site or Services OR the content in terms of their correctness, accuracy, completeness, reliability, or otherwise.  

 

  1. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY.

 

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR RIGHTS AND REMEDIES AS EXPRESSLY STATED IN THE TERMS OF USE (WHETHER BY WAY OF DAMAGES, PAYMENT OR REIMBURSEMENT OF COSTS, MAKE GOOD OR REMEDIATION, TERMINATION OR OTHERWISE) SHALL BE YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES REGARDLESS OF THE EVENTS, CIRCUMSTANCES OR THEORY ON WHICH A CLAIM MAY BE BASED (INCLUDING TERMINATION, BREACH OF CONTRACT OR STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INDEMNITY, RESCISSION / WITHDRAWAL, BREACH OF WARRANTY, MAKE GOOD OBLIGATION OR OTHERWISE).

 

  1. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, EXCEPT ONLY TO THE EXTENT THE EXCLUSION OF IMTUNEDIN'S LIABILITY IS PROHIBITED BY APPLICABLE LAW (IN WHICH CIRCUMSTANCES IMTUNEDIN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW), IN NO EVENT SHALL IMTUNEDIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, FOUNDERS, INVESTORS, ASSIGNEES OR OTHER REPRESENTATIVES OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOSS OF REVENUES OR PROFITS; LOSS OF OPPORTUNITY OR CONTRACTS; LOSS OF GOODWILL; LOSS OF DATA OR INFORMATION; LOSS ARISING FROM BUSINESS INTERRUPTION; LIQUIDATED DAMAGES OR PENALTIES IMPOSED ON YOU BY YOUR CUSTOMERS OR THIRD PARTIES; ANY DAMAGES FINES OR PENALTIES PAYABLE BY YOU; OR OTHERWISE FOR ANY FINANCIAL OR ECONOMIC LOSSES OR DAMAGES, AND IN EACH CASE IRRESPECTIVE WHETHER THE LOSSES OR DAMAGES IN QUESTION ARE DEEMED TO BE DIRECT, CONSEQUENTIAL, INDIRECT OR OTHERWISE, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, LOSSES OR DAMAGES HOWSOEVER CAUSED OR ARISING AND WHETHER ARISING BY REASON OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, BREACH OF CONTRACT OR STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INDEMNITY, BREACH OF WARRANTY, MAKE GOOD OBLIGATION OR OTHERWISE, EVEN IF IMTUNEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, EXCEPT ONLY TO THE EXTENT THE EXCLUSION OR LIMITATION OF IMTUNEDIN'S LIABILITY IS PROHIBITED BY APPLICABLE LAW (IN WHICH CIRCUMSTANCES IMTUNEDIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW), IMTUNEDIN’S MAXIMUM AGGREGATE LIABILITY SHALL IN NO CASE EXCEED THE FEE, IRRESPECTIVE WHETHER SUCH LIABILITY ARISES BY WAY OF BREACH OF CONTRACT OR STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INDEMNITY, BREACH OF WARRANTY, TERMINATION, RESCISSION/WITHDRAWAL, MAKE GOOD OBLIGATION OR REMEDIATION OR OTHERWISE.

 

  1. ANY ACTION BROUGHT AGAINST IMTUNEDIN PERTAINING TO OR IN CONNECTION WITH THE SITE OR SERVICES MUST BE COMMENCED AND NOTIFIED TO IMTUNEDIN IN WRITING WITHIN SIX (6) MONTHS AFTER THE DATE THE CAUSE FOR ACTION AROSE.

 

  1. Indemnification

 

12.1 YOU AGREE TO INDEMNIFY AND HOLD IMTUNEDIN HARMLESS AGAINST ALL CLAIMS, DEMANDS ACTIONS, PROCEEDINGS, LIABILITIES, PENALTIES, AWARDS, EXPENSES, COSTS, LOSSES AND DAMAGE (INCUDING WITHOUT LIMITATION IMTUNEDIN’S LEGAL COSTS ON A FULL INDEMNITY BASIS) ARISING OR RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICES INCLUDING YOUR USE OF THE SITE AND/OR SERVICES, SUBMISSION OF ANY MATERIALS THROUGH THE SITE OR SERVICES, YOUR PROVISION OF ANY LINKS TO THIS SITE, OR YOUR BREACH OF THE TERMS OF USE, OR BREACH OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS.

 

  1. Links to other Sites

 

  1. The Site may provide links, plug-ins, widgets, etc. that are connected to other sites that are not under the control of ImTunedIn. ImTunedIn provides such links only as a convenience to the user of this Site, and the inclusion of any link to any such other sites does not imply endorsement by ImTunedIn of the availability, accuracy or reliability of content of such other sites. ImTunedIn shall not be responsible in any way for such other sites or for any losses or damage you may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites). ImTunedIn expressly disclaims all liabilities and responsibilities arising in relation to any such other sites; and you hereby agree to assume all risk arising from the use of such sites and hereby irrevocably waive any claim against us with respect to such other sites.  

 

  1. Intellectual Property

 

  1. All content, graphics, code and software used on or incorporated (including but not limited to software, audio, video, text and photographs) on the Site and/or Services and the arrangement or integration thereto, are subject to trademarks, copyrights or other intellectual property rights held by or licensed to ImTunedIn and all rights thereto shall vest in and remain with ImTunedIn. All rights in the Site not expressly granted herein are reserved.

 

  1. When providing us with content on the Site (including causing content to be posted using our Site and/or Services such as photos, images, material, videos), you grant to ImTunedIn a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise ImTunedIn to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

 

  1. The domain name on which the Site is hosted on is the sole property of ImTunedIn and you may not use or otherwise adopt a similar name.

 

  1. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trade mark, logo or service mark displayed on the Site without the prior written consent of ImTunedIn. You may electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes only. Any other use of this Site or content or information contained in this Site, including but not limited to reproducing, publishing, uploading, posting, transmitting or distributing such content or information in any way is strictly prohibited without the prior written consent of ImTunedIn.

 

  1. Any information including remarks, suggestions, ideas, graphics, audio, video, text and photographs or other submissions sent through, given or made available in connection with this Site by you will be treated as non-confidential and non-proprietary, and shall become the exclusive property of ImTunedIn, subject to any privacy policies posted on this Site. ImTunedIn may use such information as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights to the extent permitted by legislation, intellectual property rights and/or other proprietary rights in or to such information. You acknowledge the originality of any submission communicated to audio, video, text and photographs and accept responsibility for its accuracy, appropriateness and legality.

 

  1. You agree that ImTunedIn is authorised and is entitled to use such content for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation.

 

  1. Privacy

 

15.1 Personal data provided or collected through or in connection with this Site shall only be used in accordance with ImTunedIn’s Privacy Policy.

 

  1. Access To Site

 

16.1 Access to our Site is on a temporary basis and we reserve the right to withdraw or amend the Services we provide on our Site without notice.

 

  1. Amendments

 

  1. We reserve the right to revise, modify or update the terms of the Terms of Use. If we make any revisions, modifications or updates to the Terms of Use, the revised Terms of Use will be made available to you in a manner ImTunedIn, in its sole and absolute discretion, determines as reasonable, to provide you with an opportunity to review such revisions, modifications or updates.

 

  1. If you disagree with the revised Terms of Use, you may close your account. If you do not close your account before the date the revised Terms of Use become effective, your continued access to or use of the Site and/or Services will constitute your consent of the revised Terms of Use.

 

  1. Term and Termination, Suspension and other Measures

 

Termination

 

  1. ImTunedIn has the right, in its sole and absolute discretion, and without notice or liability to restrict, suspend, or terminate your access to all or any part of the Site and/or Services; and/or terminate, deactivate, suspend or delete your account and all related information and files in your account, without assigning any reason whatsoever.  

 

  1. You may terminate your ImTunedIn account at any time by deactivating your account or by sending us an email. Upon termination, your confirmed bookings will automatically be cancelled and such cancellations shall be handled in accordance with the cancellation provisions as specified in the Terms of Use.

 

  1. Where your ImTunedIn account has been terminated by ImTunedIn, you are not entitled to restore your account or access or use the Services. You may not register/create a new account or access and use the Site and/or Services through another Member’s account or through third parties.

 

  1. Upon termination of your ImTunedIn account or termination of the Terms of Use, the clauses of the Terms of Use that reasonably should survive termination shall remain in effect.

 

  1. If you or we terminate your account, we do not have an obligation to delete or return to you any of your content, including but not limited to any reviews or feedback.

 

Suspension and other Measures

 

  1. If ImTunedIn is of the reasonable opinion, which opinion is at our sole and absolute discretion, believe you are breaching the Terms of Use, you may be subject to a range of actions, including negatively affecting the listing ranking, automated reviews indicating issues, cancelling future bookings, suspending or removing a listing, blocking calendar for such dates, imposing cancellation fees, or suspending or terminating your account and access to the Site and/or Services.

 

  1. ImTunedIn may, but shall not be obligated to, review, monitor, or remove content, at ImTunedIn’s sole and absolute discretion, and any and for any reason, without notice to you.

 

  1. Feedback

 

  1. If you have any queries, comments feedback, suggestions or other information, you may contact us at: help@imtunedin.com

 

  1. Any queries, comments feedback, suggestions or other information you submit to us will be considered non-confidential and non-proprietary to you; and you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, reproduce, modify, adapt, translate, display, communicate, transmit, broadcast, distribute, publish or exploit those queries, comments feedback, suggestions or other information for any purpose, without compensation to you.

 

  1. Applicable Law and Dispute Resolution

 

  1. If a dispute arises between you and ImTunedIn, we strongly encourage you to first contact us directly to seek a resolution by contacting help@imtunedin.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

  1. The Terms of Use shall be governed by and construed in accordance with the laws of Singapore without regard to its principles of conflict of laws. However, the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

  1. Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity or termination, shall exclusively be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this clause provided that ImTunedIn shall be entitled to commence proceedings against you in any other court of competent jurisdiction. The Tribunal shall consist of one (1) arbitrator to be appointed by the chairman of the SIAC. The language of the arbitration shall be in English.

 

  1. General

 

  1. If any provision of the Terms of Use is determined to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions and the parties will substitute the invalid or unenforceable provision by a valid provision that achieves as closely as possible the same economic effect.

 

  1. Any clause or paragraph headings or other headings appearing in the Terms of Use are for reference only and shall not affect the construction of those clauses or paragraphs. Words importing the singular shall include the plural and vice versa where the context requires.

 

  1. Any reference to a statute or to regulations (whether or not specifically named herein) shall include any amendment or re-enactment thereof for the time being in force and shall include all instruments, orders, plans, regulations, bye-laws, permissions and directions for the time being made, issued or given thereunder or deriving validity therefrom.

 

  1. All communications, verbal or written, notices, documents and drawings given by one party to the other or exchanged or made available between the parties, and including in the course of any Site related activities where applicable, shall be in English Language in a fluent, correct and intelligible manner.

 

  1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Terms of Use sets forth the entire agreement between the parties with respect to the use of the Site and/or Services and supersedes any previous agreement or arrangement between the parties. Except to the extent expressly and specifically set forth in the Terms of Use, all oral representations, warranties, undertakings and other statements of any kind and all documents given or exchanged on or prior to the date of Terms of Use (including any marketing material of ImTunedIn) are expressly excluded and disclaimed by ImTunedIn. You acknowledge that you have not relied on and are not relying on any such representations, warranties, undertakings, statements or documents when accepting and entering into the Terms of Use.

 

  1. The agreement between the parties may not be assigned in any manner by either party without ImTunedIn’s prior written consent, but this shall not require ImTunedIn to obtain any consent, or otherwise limit its entitlement, to subcontract any part or parts of its obligations under the Terms of Use as it may see fit.

 

  1. No joint venture, partnership, employment, or agency relationship exists between you and ImTunedIn as a result of the Terms of Use or your use of the Site and/or Services.

 

  1. The Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

  1. ImTunedIn’s failure to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise permitted under law.

 

  1. Unless specified otherwise, any notices or other communications to Members permitted or required under the Terms of Use, will be in writing and given by ImTunedIn via email or an ImTunedIn website notification.

 

  1. A person or entity who is not a party to the Terms of Use and/or agreement between the parties shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any term of the Terms of Use.

 

  1. If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day

 

Terms of Use

 

Date: 5 January 2018

 

  1. Acceptance of Terms of Use

 

By accessing, registering/creating an imtunedin account and using this Site (as defined below) and/or by using the Services (as defined below) you agree to comply with and be bound by the following Terms of Use; all terms and conditions contained and/or referenced herein; and/or any additional terms and conditions set forth on this Site. all such terms shall be deemed accepted by you. If you do not agree to all such Terms, you should not access, register, create or use the Site and/or Services; and/or should deregister, cease accessing or using the Site and/or Services immediately.

 

The Terms of Use apply to Members (as defined below) and Visitors (as defined below).

 

  1. Definitions

 

Term

Meaning

 

 

Admin Fee

means the administrative and cancellation fee exclusive of Tax which may be imposed by ImTunedIn in respect of any cancellation of the Musician Services relating to the Event, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Business Day

means a day other than a Saturday, Sunday or public holiday in Singapore.

 

Client, “you” or “your”

 

means the individual or corporation who accepts the Musician Services;

 

Deposit

means the sum amounting to 50% of the Price; to be held by ImTunedIn as security for the performance of the Client’s obligations in accordance with the Terms of Use;

 

Event

means the Musician Services that are to be performed by Musician for the Client for a specific event (for example wedding, birthday party, annual dinner & dance) on a specific date, time period, location/venue, performance times and for specified description of performance services that have been mutually agreed between the Musician and Client;

 

Event Fee

means the amount charged by the Musician on the Client for the agreed Musician Services relating to the Event exclusive of Tax;

 

ImTunedIn, “we”, “our” or “us”

means ImTunedIn Pte Ltd (Company No.: 201502745C), a company incorporated in Singapore, and having its registered address at 46 Toh Close, Singapore 508015 or ImTunedIn;

 

Members, “you” or “your”

 

means registered users of the Site and/or Services including Musicians and/or Clients;

 

Musician and “you” or “your”

 

means individuals or corporations who offer Musician Services;

 

Musician Services

means the performance of a variety of live musical performances (including different types of music genre) at a variety of events (including weddings, annual dinner & dance, birthday parties) and locations (including indoor and outdoor);

 

Price

means the total aggregate amount of the Event Fee and the Service Fee payable by the Client to ImTunedIn exclusive of Tax;

 

Service Fee

means the service fees, exclusive of Tax, imposed by ImTunedIn on the Client for using the Site and/or Services, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Services

means any and all services offered by ImTunedIn on its Site to connect musicians, artists, music-related businesses and clients including BandChat, BandCal, BandFinder, BandHelp as may be amended, varied, modified, suspended, or discontinued by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Site

means the ImTunedIn website @ www.imtunedin.com including any subdomains thereof, and any other websites ImTunedIn makes the Services available on including via our mobile, tablet or other smart device applications;

 

Tax

means all duties, taxes (including value added, sales, use, business, excise or withholding taxes), assessments or charges of any kind that are assessed on the Price;

 

Terms of Booking

ImTunedIn’s terms, conditions, rules and restrictions associated with the booking, variations or cancellations of Musician Services relating to the Event, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretionp;

 

Terms of Use

means these Terms of Use including the Privacy Policy and User Guidelines, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion;

 

Visitors, “you” or “your”

 

means unregistered users of the Site and/or Services.

 

 

  1. Scope of Services

 

  1. ImTunedIn is an online platform that offers an online platform for live music. It connects musicians, artists, music-related businesses and consumers/clients. Members may use the Site and/or Services, to liaise with other Members with a view to engaging the performance of the Musician Services.

 

  1. The Site and Service is owned by ImTunedIn. ImTunedIn merely provides the online platform for the Musician to deal with the Client. ImTunedIn does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Musician Services.

 

  1. The Client, by making a booking and placing a deposit for the Musician Services via the Site; and the Musician by accepting the Client’s booking, is entering into a contract of sale and purchase directly with the Musician. ImTunedIn is not a party to such contract and is not acting as agent in any capacity for any Member except in relation to facilitating payment as described herein.

 

  1. YOU ACKNOWLDEGE THAT IMTUNEDIN DOES NOT PROVIDE LIVE MUSICAL PERFORMANCES AND THAT SICH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS.

 

  1. Relationship of Parties

 

  1. Your relationship with ImTunedIn, be it as Member or Visitor, shall be and at all times shall remain one of an independent contractor and not as an employee, agent, joint venture or partner of ImTunedIn for any reason whatsoever. You are not in any way ImTunedIn’s legal representative or agent. You shall not at any time or in any way represent YOURself as being an agent or other representative of ImTunedIn or as having any authority to assume or create obligations or otherwise act in any manner on behalf of or for the benefit of ImTunedIn, expressed or implied, with respect to the Services or Site or otherwise. You act exclusively on your own behalf and for your own benefit.

 

  1. Nothing contained in the Terms of Use shall be construed to constitute the parties as principal and agent, partners, co-owners or otherwise as participants in a joint venture or common undertaking. For the avoidance of doubt, individuals involved in the provision of Musician Services shall not be deemed as employees of ImTunedIn.

 

  1. Accuracy of Information

 

  1. Although care has been taken to ensure the accuracy of the information contained in the Site will not contain errors, inaccuracies or omissions on this Site, ImTunedIn does not review and has no control over and therefore assumes no responsibility for:

 

  1. the existence, quality, safety, suitability or legality of any Musician Services advertised;

 

  1. the truth or accuracy of any Musician Services descriptions, ratings, reviews, or other content; and/or

 

  1. the performance or conduct of the contract of sale by the Musician and Client including the ability of the Musician to perform the Musician Services or the ability of the Client to pay for the Musician Services.

 

  1. ImTunedIn does not endorse any Member or Musician Services. You should always exercise due diligence and care when using the Site and/or Services including whether to book and/or accept the Musician Services; and/or communication and interaction with other Members, and/or Visitors, whether online or in person.

 

  1. Representations, Warranties & Undertakings

 

  1. You represent and warrant as follows:

 

  1. You have the full power, legal right and authority to use the Site and/or Services;

 

  1. You have the legal capacity and authority to enter into and bind yourself by contracts with the other party. For example, in certain countries, you must be at least 18 years’ old in order to enter into a legally binding contract;

 

  1. You have the full power, legal right and authority to perform your obligations hereunder and have taken all necessary corporate and other action to authorize the execution, delivery and performance hereunder and have obtained all necessary consents or approvals;

 

  1. You will not breach any applicable licenses, orders, instruments, laws and/or regulations by use the Site and/or Services and or entering into contracts directly with the other party, as the case may be;

 

  1. If you create your ImTunedIn account via a third-party social networking site, you agree that ImTunedIn shall be entitled to access, make available and story any content that you have provided on such site; and such content shall be considered as content for the purposes of this Site and/or Services;

 

  1. You understand and comply with all laws, rules and regulations that may apply to the provision of the agreed Musician Services relating to the Event;

 

  1. You will obtain any required licenses, permits, or registrations prior to the provision of the agreed Musician Services relating to the Event. For example, you are responsible for arranging and obtaining the appropriate music licenses, if any;

 

  1. You shall arrange and obtain adequate insurance coverage for the performance of the Musician Services at the Event; and/or

 

  1. You shall not accept or make a payment outside the ImTunedIn Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms Use; (ii) accept all risks and responsibility for such payment, and (iii) hold ImTunedIn harmless from any liability for such payment.

 

  1. You undertake that you shall be solely responsible and liable for:

 

  1. providing accurate and comprehensive information on the Site and/or Services including your listings and the accuracy of their Musician Services;

 

  1. to updating your information on the Site and/or Services to ensure that the information is current and complete;

Terms of Use Date: 5 January 2018 1. Acceptance of Terms of Use By accessing, registering/creating an imtunedin account and using this Site (as defined below) and/or by using the Services (as defined below) you agree to comply with and be bound by the following Terms of Use; all terms and conditions contained and/or referenced herein; and/or any additional terms and conditions set forth on this Site. all such terms shall be deemed accepted by you. If you do not agree to all such Terms, you should not access, register, create or use the Site and/or Services; and/or should deregister, cease accessing or using the Site and/or Services immediately. The Terms of Use apply to Members (as defined below) and Visitors (as defined below). 2. Definitions Term Meaning Admin Fee means the administrative and cancellation fee exclusive of Tax which may be imposed by ImTunedIn in respect of any cancellation of the Musician Services relating to the Event, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion; Business Day means a day other than a Saturday, Sunday or public holiday in Singapore. Client, “you” or “your” means the individual or corporation who accepts the Musician Services; Deposit means the sum amounting to 50% of the Price; to be held by ImTunedIn as security for the performance of the Client’s obligations in accordance with the Terms of Use; Event means the Musician Services that are to be performed by Musician for the Client for a specific event (for example wedding, birthday party, annual dinner & dance) on a specific date, time period, location/venue, performance times and for specified description of performance services that have been mutually agreed between the Musician and Client; Event Fee means the amount charged by the Musician on the Client for the agreed Musician Services relating to the Event exclusive of Tax; ImTunedIn, “we”, “our” or “us” means ImTunedIn Pte Ltd (Company No.: 201502745C), a company incorporated in Singapore, and having its registered address at 46 Toh Close, Singapore 508015 or ImTunedIn; Members, “you” or “your” means registered users of the Site and/or Services including Musicians and/or Clients; Musician and “you” or “your” means individuals or corporations who offer Musician Services; Musician Services means the performance of a variety of live musical performances (including different types of music genre) at a variety of events (including weddings, annual dinner & dance, birthday parties) and locations (including indoor and outdoor); Price means the total aggregate amount of the Event Fee and the Service Fee payable by the Client to ImTunedIn exclusive of Tax; Service Fee means the service fees, exclusive of Tax, imposed by ImTunedIn on the Client for using the Site and/or Services, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion; Services means any and all services offered by ImTunedIn on its Site to connect musicians, artists, music-related businesses and clients including BandChat, BandCal, BandFinder, BandHelp as may be amended, varied, modified, suspended, or discontinued by ImTunedIn, from time-to-time, at its sole and absolute discretion; Site means the ImTunedIn website @ www.imtunedin.com including any subdomains thereof, and any other websites ImTunedIn makes the Services available on including via our mobile, tablet or other smart device applications; Tax means all duties, taxes (including value added, sales, use, business, excise or withholding taxes), assessments or charges of any kind that are assessed on the Price; Terms of Booking ImTunedIn’s terms, conditions, rules and restrictions associated with the booking, variations or cancellations of Musician Services relating to the Event, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretionp; Terms of Use means these Terms of Use including the Privacy Policy and User Guidelines, as may be amended, varied or modified by ImTunedIn, from time-to-time, at its sole and absolute discretion; Visitors, “you” or “your” means unregistered users of the Site and/or Services. 3. Scope of Services 3.1 ImTunedIn is an online platform that offers an online platform for live music. It connects musicians, artists, music-related businesses and consumers/clients. Members may use the Site and/or Services, to liaise with other Members with a view to engaging the performance of the Musician Services. 3.2 The Site and Service is owned by ImTunedIn. ImTunedIn merely provides the online platform for the Musician to deal with the Client. ImTunedIn does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Musician Services. 3.3 The Client, by making a booking and placing a deposit for the Musician Services via the Site; and the Musician by accepting the Client’s booking, is entering into a contract of sale and purchase directly with the Musician. ImTunedIn is not a party to such contract and is not acting as agent in any capacity for any Member except in relation to facilitating payment as described herein. 3.4 YOU ACKNOWLDEGE THAT IMTUNEDIN DOES NOT PROVIDE LIVE MUSICAL PERFORMANCES AND THAT SICH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS. 4. Relationship of Parties 4.1 Your relationship with ImTunedIn, be it as Member or Visitor, shall be and at all times shall remain one of an independent contractor and not as an employee, agent, joint venture or partner of ImTunedIn for any reason whatsoever. You are not in any way ImTunedIn’s legal representative or agent. You shall not at any time or in any way represent YOURself as being an agent or other representative of ImTunedIn or as having any authority to assume or create obligations or otherwise act in any manner on behalf of or for the benefit of ImTunedIn, expressed or implied, with respect to the Services or Site or otherwise. You act exclusively on your own behalf and for your own benefit. 4.2 Nothing contained in the Terms of Use shall be construed to constitute the parties as principal and agent, partners, co-owners or otherwise as participants in a joint venture or common undertaking. For the avoidance of doubt, individuals involved in the provision of Musician Services shall not be deemed as employees of ImTunedIn. 5. Accuracy of Information 5.1 Although care has been taken to ensure the accuracy of the information contained in the Site will not contain errors, inaccuracies or omissions on this Site, ImTunedIn does not review and has no control over and therefore assumes no responsibility for: (i) the existence, quality, safety, suitability or legality of any Musician Services advertised; (ii) the truth or accuracy of any Musician Services descriptions, ratings, reviews, or other content; and/or (iii) the performance or conduct of the contract of sale by the Musician and Client including the ability of the Musician to perform the Musician Services or the ability of the Client to pay for the Musician Services. 5.2 ImTunedIn does not endorse any Member or Musician Services. You should always exercise due diligence and care when using the Site and/or Services including whether to book and/or accept the Musician Services; and/or communication and interaction with other Members, and/or Visitors, whether online or in person. 6. Representations, Warranties & Undertakings 6.1 You represent and warrant as follows: (i) You have the full power, legal right and authority to use the Site and/or Services; (ii) You have the legal capacity and authority to enter into and bind yourself by contracts with the other party. For example, in certain countries, you must be at least 18 years’ old in order to enter into a legally binding contract; (iii) You have the full power, legal right and authority to perform your obligations hereunder and have taken all necessary corporate and other action to authorize the execution, delivery and performance hereunder and have obtained all necessary consents or approvals; (iv) You will not breach any applicable licenses, orders, instruments, laws and/or regulations by use the Site and/or Services and or entering into contracts directly with the other party, as the case may be; (v) If you create your ImTunedIn account via a third-party social networking site, you agree that ImTunedIn shall be entitled to access, make available and story any content that you have provided on such site; and such content shall be considered as content for the purposes of this Site and/or Services; (vi) You understand and comply with all laws, rules and regulations that may apply to the provision of the agreed Musician Services relating to the Event; (vii) You will obtain any required licenses, permits, or registrations prior to the provision of the agreed Musician Services relating to the Event. For example, you are responsible for arranging and obtaining the appropriate music licenses, if any; (viii) You shall arrange and obtain adequate insurance coverage for the performance of the Musician Services at the Event; and/or (ix) You shall not accept or make a payment outside the ImTunedIn Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms Use; (ii) accept all risks and responsibility for such payment, and (iii) hold ImTunedIn harmless from any liability for such payment. 6.2 You undertake that you shall be solely responsible and liable for: (i) providing accurate and comprehensive information on the Site and/or Services including your listings and the accuracy of their Musician Services; (ii) to updating your information on the Site and/or Services to ensure that the information is current and complete; (iii) complying with all relevant and applicable laws rules, regulations including tax obligations, and permits and licensing requirements that may apply to your use of the Site and/or Services. For example, in certain countries, individuals or companies that are in the business of providing entertainment such as music will be required to obtain one or more licenses depending upon the event or activity being organized. You may also require a work permit. Consequences for non-compliance may include fines and/or imprisonment. If you have any concerns, please contact your independent legal advisor; (iv) complying with ImTunedIn’s policies including ImTunedIn’s Privacy Policy, User Guidelines. Consequences for non-compliance may include termination of your ImTunedIn account; (v) any and all activities conducted through your ImTunedIn account; (vi) using the Site and/or Services for the specific purposes permitted by these Terms or Use and not for any other reason whatsoever; (vii) using the Site and/or Services to request, make or accept a booking. You shall not make or accept a booking independent of the ImTunedIn platform, in order to circumvent payment of any Service Fee or for any other reason; and/or (viii) safeguarding and maintaining the confidentiality of your ImTunedIn account (including username and password). 7. Terms specific to the Musician The following terms shall apply to the Musician: Booking 7.1 In order to be eligible to offer your Musician Services on the Site or to use our Services, you must create an ImTunedIn account. 7.2 You must provide a profile of your musical talent, interests, equipment and experience including gigging experience, previous clients and the equipment you use. Your profile must be complete and accurate and include any other relevant information as may be useful to the Client. You are responsible for keeping your profile up-to-date. ImTunedIn reserves the right to require you to provide additional information, from time-to-time; and to decide, in its sole and absolute discretion, if your profile be published on the Site. 7.3 You are solely and exclusively responsible for setting your Event Fee for the engagement of the agreed Musician Services relating to the Event. Once a Client requests a booking of the agreed Musician Services, you may not increase the Event Fee for any reason whatsoever. 7.4 You are solely and exclusively responsible for agreeing, with the Client, the scope of the Musician Services relating to the Event. Once a Client requests a booking of the agreed Musician Services, you may not change the scope of the Musician Services relating to the Event (including increasing or reducing the number of band members, changing the band members etc.) that are offered to the Client. You may only make such changes if there is a valid reason for such change and the change does not materially adversely affect the Musician Services offered to the Client. 7.5 When you accept a booking confirmation from ImTunedIn and ImTunedIn has received the Deposit or the Price, as the case may be, from the Client for the agreed Musician Services relating to the Event, you acknowledge and agree that are entering into a legally binding agreement with the Client for the agreed Musician Services relating to the Event. You agree to accept ImTunedIn’s Terms of Booking. Equipment 7.6 You are responsible for ensuring that any and all equipment provided in connection with the agreed Musician Services relating to the Event, if any, shall be in good and safe working condition. Licenses 7.7 You are responsible for arranging and keeping current the appropriate music license(s), if any, if you are either playing records or are using music copied to other media for public performances. Payment 7.8 You acknowledge that ImTunedIn is authorised entitled to collect payments from the Client on behalf of the Musician. Payment Terms 7.9 You must have a valid payment method on file with ImTunedIn at all times. You must provide all required and accurate information relating to your preferred payment method. If there is a mistake in the information provided and as a result your payment is returned to us, we will deduct the payment charges, if any, from your Event Fee. 7.10 You agree that you are subject to the applicable user agreement of your payment method. You may not claim against ImTunedIn, for any failure, disruption, delay or error in connection with your chosen payment method. ImTunedIn reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. 7.11 Subject to a dispute raised by the Client in accordance with the Terms of Use, ImTunedIn will endeavour to pay the Event Fee (less applicable charges or Tax, if any) or any other payment that may be due to the Musician by the Thursday following net seven (7) Business Days of the date of the Event or the due date for such other payment, as the case may be. 7.12 Musician acknowledges and agrees that ImTunedIn maypermit the Musician or Client, as the case may be, to vary, amend or cancel a booking and in such event, refund to Client such portion of the payments made by the Client in accordance with the Terms of Booking. 7.13 ImTunedIn reserves the right to impose an Admin Fee on the Client, at its sole and absolute discretion. 7.14 All determinations by ImTunedIn shall be final and binding on the Musician. 7.15 You shall have no obligation to commence any Musician Services relating to the Event until the Price has been received by ImTunedIn. Taxes 7.16 You acknowledge and agree that you are solely responsible for your own tax affairs and will comply with the relevant and applicable tax laws where you are performing the Musician Services relating to the Event and in your country of residence. 7.17 You acknowledge that ImTunedIn is authorised and entitled to withhold from the Event Fee any sums we are required by law to withhold or deduct and pay such withholding or deduction to the relevant authority. In such a case, we will provide you with relevant documents evidencing the withholding or deduction. Breach of Terms of Use 7.18 If the Musician does not perform or cancels the agreed Musician Services relating to the Event for any reason whatsoever (and not due to any fault, wholly or partly, attributable to the Client), you will not be paid the Event Fee. You agree that ImTunedIn may apply penalties or consequences to the Musician including negatively affecting the Musician’s listing ranking, automated reviews indicating issues, cancelling future bookings, suspending or removing a listing, blocking the Musician’s calendar for such dates, or imposing cancellation fees including the Admin Fee. You will also be liable to reimburse ImTunedIn, within seven (7) days, for any expenses, costs and loss of revenue incurred by ImTunedIn as a result of such non-performance or cancellation. 8. Terms specific to the Client The following terms shall apply to the Client: Booking 8.1 In order to be eligible to book the Musician Services on the Site or to use our Services, you must create an ImTunedIn account. 8.2 You are solely and exclusively responsible for agreeing the Price with the Musician for the agreed Musician Services relating to the Event. Once the Musician accepts your booking of the agreed Musician Services relating to the Event, you may not vary, amend or increase the Price for any reason whatsoever. 8.3 Prior to booking, you must carefully review the description of the Musician Services you intend to book for the Event and any other requirements that has been provided by the Musician. You are solely and exclusively responsible for agreeing the Musician Services relating to the Event. Once the Musician accepts your booking of the agreed Musician Services relating to the Event, you may not vary, amend or change the scope of the Musician Services (including increasing or reducing the number of band members, changing the band members etc.) for any reason whatsoever. You however acknowledge that the Musician may vary the scope of the Musician Services relating to the Event (including increasing or reducing the number of band members, changing the band members etc.) provided there is a valid reason for such variation and such variation does not materially adversely affect the scope Musician Services. 8.4 All bookings made by Client shall be deemed as an offer made by the Client to the Musician for the Musician Services and are subject to acceptance by the Musician via a booking confirmation from ImTunedIn and receipt of the Deposit or the Price, as the case may be, by ImTunedIn for the agreed Musician Services relating to the Event. You agree to accept ImTunedIn’s Terms of Booking. 8.5 Upon the Musician accepting a booking confirmation from ImTunedIn and ImTunedIn receiving the Deposit or the Price, as the case may be, from the Client for the agreed Musician Services relating to the Eventfrom the Client, a legally binding agreement is formed between you and the Musician, subject to any additional terms and conditions of the Musician that apply. 8.6 You acknowledge and agree that the Musician may change the scope of the Musician Services relating to the Event (including increasing or reducing the number of band members, changing the band members, etc.) of the Musician Services relating to the Event provided the Musician has a valid reason for such change and the change does not materially adversely affect the Musician Services relating to the Event. Payment 8.7 The Price including the Fee and any applicable Tax will be presented to you prior to booking the agreed Musician Services relating to the Event. You agree to pay the Price for such request using the Site and/or Services. You also agree to pay the Fee and any applicable Taxes, which will be collected as part of the Price. 8.8 Payment of the Price shall be made by Client directly to ImTunedIn. Payment Method 8.9 You may pay for the Price using any of the payment methods prescribed by ImTunedIn from time to time e.g. (i) bank transfer, (ii) credit/debit card via Paypal or (iii) cheque. 8.10 All payments are to be made net cash without any deduction, in SGD. Payment shall not be deemed effected until irrevocably available funds have been received in full by ImTunedIn in its nominated bank account. 8.11 Client shall have no right of set-off or right to make any form of withholding or retention against any payment of the Price. 8.12 You agree that you are subject to the applicable user agreement of your payment method. You may not claim against ImTunedIn, for any failure, disruption or error in connection with your chosen payment method. ImTunedIn reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. 8.13 You acknowledge that ImTunedIn is entitled to collect payments from the Client on behalf of the Musician. Service Fee 8.14 ImTunedIn may charge Service Fee to Client in consideration for the use of the Site and/or Services. Any applicable Service Fee (including any applicable Tax) shall be displayed to a Client prior to accepting the Musician Services. ImTunedIn will deduct the Service Fee from the Price before remittance of the Event Fees to the Musician. 8.15 ImTunedIn reserves the right to change the Service Fee at any time, from time-to-time, in its sole and absolute discretion, and we shall provide Clients adequate notice of any such changes before they become effective. 8.16 You are responsible for paying any Service Fee that you owe to ImTunedIn. The applicable Service Fee are due and payable and collected by ImTunedIn. Except as otherwise provided, the Service Fee is non-refundable. Payment Terms 8.17 Payment of the Price shall be made in the following manner: Payment Credit/debit card via Paypal Bank Transfer Cheque Deposit Immediately upon booking Within seven (7) days of the booking Within four (4) days of the booking Balance of the Price No less than thirty (30) days prior to the Event No less than thirty (30) days prior to the Event No less than thirty-five (35) days prior to the Event 8.18 Subject to a dispute raised by the Client in accordance with the Terms of Use, Client hereby acknowledges and agrees that ImTunedIn shall be authorised to pay the Price (less applicable charges or Tax, if any) or any other payment that may be due to the Musician. 8.19 Client acknowledges and agrees that ImTunedIn may permit the Client or Musician, as the case may be, to vary, amend or cancel a booking and in such event, refund to Client such portion of the payments made by the Client in accordance with the Terms of Booking. 8.20 ImTunedIn reserves the right to impose an Admin Fee on the Client, at its sole and absolute discretion. 8.21 All determinations by ImTunedIn shall be final and binding on the Client. Breach of the Terms of Use 8.22 You acknowledge and agreed that any request, acceptance or payment for the Price that is not made through the ImTunedIn Site is in breach of the Terms of Use; you therefore accept all risks and responsibility for such payment, and shall hold ImTunedIn harmless from any liability for such payment. Payments to Musician 8.23 In the event ImTunedIn is not notified by the Client within three (3) days of the Event of any material issue pertaining to the agreed Musician Services relating to the Event including a no-show by the Musician, ImTunedIn shall be authorised or deemed authorised by Client to release the Event Fee excluding Tax, if any, to the Musician. 9. Tax 9.1 If any Tax is imposed on ImTunedIn by authorities in the country where the Musician Services will be performed, the Musician shall reimburse ImTunedIn for all such amounts. 9.2 Where ImTunedIn is obliged by applicable law to make a deduction from any payment due to the Musician in relation to any such duties, taxes, assessments or charges, ImTunedIn shall increase the payment to be made such that the net payment received by ImTunedIn is without any such deduction. 10. Ratings and Reviews 10.1 Members may leave a public review and submit a rating about each other. Any reviews and ratings reflect the opinions of individual Members and do not reflect the opinion of ImTunedIn. Ratings and reviews are not verified by ImTunedIn for accuracy and may be incorrect or misleading. 10.2 Reviews and ratings by Members must be fair, truthful and factual and must comply with ImTunedIn’s User Guidelines. 10.3 Members shall not manipulate the reviews and ratings system in any manner. 11. Disclaimer & Limitations 11.1 To the fullest extent permitted by applicable law, IMTUNEDIN HEREBY EXPRESSLY DISCLAIMS ANY AND all conditions, REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, that are not expressly set out in the Terms of Use or which are implied, statutory, customary or otherwise and which, but for this exclusion and disclaimer, would or might subsist in favour of you, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. 11.2 Without limiting the foregoing, IMTUNEDIN MAKES NO REPRESENTATION, warrantY OR GUARANTEE THAT the Site, Services OR Content will be timely, OF quality, suitable, available, accurate, uninterrupted, secure, error-free, or without omission, that defects will be corrected, or that the Site, Services OR content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device.  IMTUNEDIN does not warrant or make any representations regarding the use of the site or Services OR the content in terms of their correctness, accuracy, completeness, reliability, or otherwise.   11.3 ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. 11.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR RIGHTS AND REMEDIES AS EXPRESSLY STATED IN THE TERMS OF USE (WHETHER BY WAY OF DAMAGES, PAYMENT OR REIMBURSEMENT OF COSTS, MAKE GOOD OR REMEDIATION, TERMINATION OR OTHERWISE) SHALL BE YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES REGARDLESS OF THE EVENTS, CIRCUMSTANCES OR THEORY ON WHICH A CLAIM MAY BE BASED (INCLUDING TERMINATION, BREACH OF CONTRACT OR STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INDEMNITY, RESCISSION / WITHDRAWAL, BREACH OF WARRANTY, MAKE GOOD OBLIGATION OR OTHERWISE). 11.5 NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, EXCEPT ONLY TO THE EXTENT THE EXCLUSION OF IMTUNEDIN'S LIABILITY IS PROHIBITED BY APPLICABLE LAW (IN WHICH CIRCUMSTANCES IMTUNEDIN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW), IN NO EVENT SHALL IMTUNEDIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, FOUNDERS, INVESTORS, ASSIGNEES OR OTHER REPRESENTATIVES OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOSS OF REVENUES OR PROFITS; LOSS OF OPPORTUNITY OR CONTRACTS; LOSS OF GOODWILL; LOSS OF DATA OR INFORMATION; LOSS ARISING FROM BUSINESS INTERRUPTION; LIQUIDATED DAMAGES OR PENALTIES IMPOSED ON YOU BY YOUR CUSTOMERS OR THIRD PARTIES; ANY DAMAGES FINES OR PENALTIES PAYABLE BY YOU; OR OTHERWISE FOR ANY FINANCIAL OR ECONOMIC LOSSES OR DAMAGES, AND IN EACH CASE IRRESPECTIVE WHETHER THE LOSSES OR DAMAGES IN QUESTION ARE DEEMED TO BE DIRECT, CONSEQUENTIAL, INDIRECT OR OTHERWISE, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, LOSSES OR DAMAGES HOWSOEVER CAUSED OR ARISING AND WHETHER ARISING BY REASON OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, BREACH OF CONTRACT OR STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INDEMNITY, BREACH OF WARRANTY, MAKE GOOD OBLIGATION OR OTHERWISE, EVEN IF IMTUNEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.6 NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, EXCEPT ONLY TO THE EXTENT THE EXCLUSION OR LIMITATION OF IMTUNEDIN'S LIABILITY IS PROHIBITED BY APPLICABLE LAW (IN WHICH CIRCUMSTANCES IMTUNEDIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW), IMTUNEDIN’S MAXIMUM AGGREGATE LIABILITY SHALL IN NO CASE EXCEED THE FEE, IRRESPECTIVE WHETHER SUCH LIABILITY ARISES BY WAY OF BREACH OF CONTRACT OR STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INDEMNITY, BREACH OF WARRANTY, TERMINATION, RESCISSION/WITHDRAWAL, MAKE GOOD OBLIGATION OR REMEDIATION OR OTHERWISE. 11.7 ANY ACTION BROUGHT AGAINST IMTUNEDIN PERTAINING TO OR IN CONNECTION WITH THE SITE OR SERVICES MUST BE COMMENCED AND NOTIFIED TO IMTUNEDIN IN WRITING WITHIN SIX (6) MONTHS AFTER THE DATE THE CAUSE FOR ACTION AROSE. 12. Indemnification 12.1 YOU AGREE TO INDEMNIFY AND HOLD IMTUNEDIN HARMLESS AGAINST ALL CLAIMS, DEMANDS ACTIONS, PROCEEDINGS, LIABILITIES, PENALTIES, AWARDS, EXPENSES, COSTS, LOSSES AND DAMAGE (INCUDING WITHOUT LIMITATION IMTUNEDIN’S LEGAL COSTS ON A FULL INDEMNITY BASIS) ARISING OR RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICES INCLUDING YOUR USE OF THE SITE AND/OR SERVICES, SUBMISSION OF ANY MATERIALS THROUGH THE SITE OR SERVICES, YOUR PROVISION OF ANY LINKS TO THIS SITE, OR YOUR BREACH OF THE TERMS OF USE, OR BREACH OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS.

13. Links to other Sites

13.1 The Site may provide links, plug-ins, widgets, etc. that are connected to other sites that are not under the control of ImTunedIn. ImTunedIn provides such links only as a convenience to the user of this Site, and the inclusion of any link to any such other sites does not imply endorsement by ImTunedIn of the availability, accuracy or reliability of content of such other sites. ImTunedIn shall not be responsible in any way for such other sites or for any losses or damage you may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites). ImTunedIn expressly disclaims all liabilities and responsibilities arising in relation to any such other sites; and you hereby agree to assume all risk arising from the use of such sites and hereby irrevocably waive any claim against us with respect to such other sites.  

14. Intellectual Property

14.1 All content, graphics, code and software used on or incorporated (including but not limited to software, audio, video, text and photographs) on the Site and/or Services and the arrangement or integration thereto, are subject to trademarks, copyrights or other intellectual property rights held by or licensed to ImTunedIn and all rights thereto shall vest in and remain with ImTunedIn. All rights in the Site not expressly granted herein are reserved.

14.2 When providing us with content on the Site (including causing content to be posted using our Site and/or Services such as photos, images, material, videos), you grant to ImTunedIn a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise ImTunedIn to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

14.3 The domain name on which the Site is hosted on is the sole property of ImTunedIn and you may not use or otherwise adopt a similar name.

14.4 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trade mark, logo or service mark displayed on the Site without the prior written consent of ImTunedIn. You may electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes only. Any other use of this Site or content or information contained in this Site, including but not limited to reproducing, publishing, uploading, posting, transmitting or distributing such content or information in any way is strictly prohibited without the prior written consent of ImTunedIn.

14.5 Any information including remarks, suggestions, ideas, graphics, audio, video, text and photographs or other submissions sent through, given or made available in connection with this Site by you will be treated as non-confidential and non-proprietary, and shall become the exclusive property of ImTunedIn, subject to any privacy policies posted on this Site. ImTunedIn may use such information as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights to the extent permitted by legislation, intellectual property rights and/or other proprietary rights in or to such information. You acknowledge the originality of any submission communicated to audio, video, text and photographs and accept responsibility for its accuracy, appropriateness and legality.

14.6 You agree that ImTunedIn is authorised and is entitled to use such content for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation.

15. Privacy

15.1 Personal data provided or collected through or in connection with this Site shall only be used in accordance with ImTunedIn’s Privacy Policy.

16. Access To Site

16.1 Access to our Site is on a temporary basis and we reserve the right to withdraw or amend the Services we provide on our Site without notice.

17. Amendments

17.1 We reserve the right to revise, modify or update the terms of the Terms of Use. If we make any revisions, modifications or updates to the Terms of Use, the revised Terms of Use will be made available to you in a manner ImTunedIn, in its sole and absolute discretion, determines as reasonable, to provide you with an opportunity to review such revisions, modifications or updates.

17.2 If you disagree with the revised Terms of Use, you may close your account. If you do not close your account before the date the revised Terms of Use become effective, your continued access to or use of the Site and/or Services will constitute your consent of the revised Terms of Use.

18. Term and Termination, Suspension and other Measures Termination

18.1 ImTunedIn has the right, in its sole and absolute discretion, and without notice or liability to restrict, suspend, or terminate your access to all or any part of the Site and/or Services; and/or terminate, deactivate, suspend or delete your account and all related information and files in your account, without assigning any reason whatsoever.  

18.2 You may terminate your ImTunedIn account at any time by deactivating your account or by sending us an email. Upon termination, your confirmed bookings will automatically be cancelled and such cancellations shall be handled in accordance with the cancellation provisions as specified in the Terms of Use.

18.3 Where your ImTunedIn account has been terminated by ImTunedIn, you are not entitled to restore your account or access or use the Services. You may not register/create a new account or access and use the Site and/or Services through another Member’s account or through third parties.

18.4 Upon termination of your ImTunedIn account or termination of the Terms of Use, the clauses of the Terms of Use that reasonably should survive termination shall remain in effect.

18.5 If you or we terminate your account, we do not have an obligation to delete or return to you any of your content, including but not limited to any reviews or feedback. Suspension and other Measures

18.6 If ImTunedIn is of the reasonable opinion, which opinion is at our sole and absolute discretion, believe you are breaching the Terms of Use, you may be subject to a range of actions, including negatively affecting the listing ranking, automated reviews indicating issues, cancelling future bookings, suspending or removing a listing, blocking calendar for such dates, imposing cancellation fees, or suspending or terminating your account and access to the Site and/or Services.

18.7 ImTunedIn may, but shall not be obligated to, review, monitor, or remove content, at ImTunedIn’s sole and absolute discretion, and any and for any reason, without notice to you.

19. Feedback

19.1 If you have any queries, comments feedback, suggestions or other information, you may contact us at: help@imtunedin.com

19.2 Any queries, comments feedback, suggestions or other information you submit to us will be considered non-confidential and non-proprietary to you; and you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, reproduce, modify, adapt, translate, display, communicate, transmit, broadcast, distribute, publish or exploit those queries, comments feedback, suggestions or other information for any purpose, without compensation to you.

20. Applicable Law and Dispute Resolution

20.1 If a dispute arises between you and ImTunedIn, we strongly encourage you to first contact us directly to seek a resolution by contacting help@imtunedin.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

20.2 The Terms of Use shall be governed by and construed in accordance with the laws of Singapore without regard to its principles of conflict of laws. However, the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

20.3 Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity or termination, shall exclusively be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this clause provided that ImTunedIn shall be entitled to commence proceedings against you in any other court of competent jurisdiction. The Tribunal shall consist of one (1) arbitrator to be appointed by the chairman of the SIAC. The language of the arbitration shall be in English.

21. General

21.1 If any provision of the Terms of Use is determined to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions and the parties will substitute the invalid or unenforceable provision by a valid provision that achieves as closely as possible the same economic effect.

21.2 Any clause or paragraph headings or other headings appearing in the Terms of Use are for reference only and shall not affect the construction of those clauses or paragraphs. Words importing the singular shall include the plural and vice versa where the context requires.

21.3 Any reference to a statute or to regulations (whether or not specifically named herein) shall include any amendment or re-enactment thereof for the time being in force and shall include all instruments, orders, plans, regulations, bye-laws, permissions and directions for the time being made, issued or given thereunder or deriving validity therefrom.

21.4 All communications, verbal or written, notices, documents and drawings given by one party to the other or exchanged or made available between the parties, and including in the course of any Site related activities where applicable, shall be in English Language in a fluent, correct and intelligible manner.

21.5 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Terms of Use sets forth the entire agreement between the parties with respect to the use of the Site and/or Services and supersedes any previous agreement or arrangement between the parties. Except to the extent expressly and specifically set forth in the Terms of Use, all oral representations, warranties, undertakings and other statements of any kind and all documents given or exchanged on or prior to the date of Terms of Use (including any marketing material of ImTunedIn) are expressly excluded and disclaimed by ImTunedIn. You acknowledge that you have not relied on and are not relying on any such representations, warranties, undertakings, statements or documents when accepting and entering into the Terms of Use.

21.6 The agreement between the parties may not be assigned in any manner by either party without ImTunedIn’s prior written consent, but this shall not require ImTunedIn to obtain any consent, or otherwise limit its entitlement, to subcontract any part or parts of its obligations under the Terms of Use as it may see fit.

21.7 No joint venture, partnership, employment, or agency relationship exists between you and ImTunedIn as a result of the Terms of Use or your use of the Site and/or Services.

21.8 The Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.9 ImTunedIn’s failure to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise permitted under law.

21.10 Unless specified otherwise, any notices or other communications to Members permitted or required under the Terms of Use, will be in writing and given by ImTunedIn via email or an ImTunedIn website notification.

21.11 A person or entity who is not a party to the Terms of Use and/or agreement between the parties shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any term of the Terms of Use.

21.12 If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day