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1st LEVEL INFORMATION

  • Bandbeat is a unique marketplace provider, connecting musicians and music studio hosts through the Bandbeat Platform.

  • The Bandbeat Platform enables you to request services from Studio Hosts or directly from Bandbeat. These services are provided or made available under Bandbeat’s Brands.

  • For Hosting Services, you are contracting directly with Studio Hosts and Bandbeat acts as an agent to enable you to request and receive those services.

  • Please read these terms and conditions carefully, as they apply to all Bandbeat’s mobile applications and/or websites in Greece and include information about the services, your rights, and other important information.

ABOUT BANDBEAT

We are Bandbeat P.C., a private company established in Greece with Electronic Commercial Registry Number 168278401000 and TIN 802020611, seated in Holargos 216 Mesogeion Ave. 15561, Holargos, Greece,. You can contact us at hello@bandbeat.com.

DEFINITIONS
  • “Bandbeat” means Bandbeat P.C., or any of its subsidiaries or affiliates (“we” or “us”).
  • “Bandbeat Services” means services provided directly to you by Bandbeat, which may be subject to separate terms between you and us.
  • “Hosting Services” include, but are not limited to, services and goods in the field of music recordings and rehearsals, provided to you by independent Studio Hosts. These are made available to you using the Bandbeat Services, as defined below.
  • “Studio Hosts” are independent third parties and include but are not limited to owners of independent recording studios, music venues, concert halls, or other areas and/or providers of other music related services.
  • “Bandbeat’s Brands” means Bandbeat, or its licensor’s company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights.

TERMS AND CONDITIONS

  1. Overview
    1. These terms and conditions cover your access and use of the Bandbeat Platform (the “T&Cs”). You must read carefully and agree to the T&Cs prior to accessing and using the Bandbeat Platform. Your agreement to these T&Cs, as from time to time amended and in force, establishes a contractual relationship between you and Bandbeat. If you do not agree to these T&Cs, you may not access or use the Bandbeat Platform. These T&Cs expressly supersede prior agreements or arrangements about the Bandbeat Platform between you and Bandbeat.
    2. These T&Cs apply to the extent they do not conflict with any user and supplemental terms that specifically apply to the Bandbeat Platform. You will be asked to agree to any such terms separately.
    3. Bandbeat acts as a mere intermediary (agent) for the Studio Hosts for Hosting Services, and as the service provider for Bandbeat Services (see Clause 3 below).
  2. The Bandbeat Platform Services
    1. The services provided to you through the Bandbeat Platform consist of: Access to and use of the Bandbeat Platform, which enables you to request and receive Hosting Services and/or Bandbeat Services.
    2. These T&Cs apply to your use of the Bandbeat Services in Greece.
    3. The Bandbeat Platform will be made available to you under various Bandbeat’s Brands.
    4. Unless otherwise agreed separately in writing, the Bandbeat Services are made available to you for your personal, non-commercial use only.
  3. Hosting Services
    1. For Hosting Services, Bandbeat acts as mere intermediary (agent) between you and the Studio Hosts to enable them to provide the Hosting Services to you. Bandbeat does not provide the Hosting Services. All Studio Hosts are independent third-party contractors, registered businesses or other legal entities who are not owned, leased, controlled or employed by Bandbeat. In this respect, we are not able to make any decisions surrounding the provision of Hosting Services.
    2. When you are logged in, online and in the vicinity of Studio Hosts, who are listed in the Bandbeat Platform, you will be given information in the Bandbeat Platform about the Hosting Services before you decide to make a request.
    3. Studio Hosts (for Hosting Services) and Bandbeat (for Bandbeat Services) are free to decide to accept or reject a request. Acceptance is communicated to you through the Bandbeat Platform or via email and will give rise to a direct contract between you and the Studio Host (for Hosting Services) or between you and Bandbeat (for Bandbeat Services).
    4. The Studio Host is responsible for any obligations that may arise from the provision of the Hosting Services.
  4. Using the Bandbeat Platform
    1. The Bandbeat Platform can be downloaded on most modern mobile devices with an internet connection and equipped with popular operating systems, such as Android or iOS, or accessed online via modern web browsers (Google Chrome, Mozilla Firefox etc.).
    2. You are responsible for obtaining the network access necessary to use the Bandbeat Services and are responsible for any rates and penalties from your mobile network provider, including data consumption while using the Bandbeat Platform. You are also responsible for accessing compatible devices and operating systems necessary to use the Bandbeat Platform, including any software or hardware updates.
    3. To use the Bandbeat Platform, you must register in the Bandbeat Platform and set up an account. At the time of registration, you must either be at least eighteen (18) years of age or obtain legal parental consent.
    4. You must provide us with certain personal information to register, including your mobile phone number and email address. All these personal data are processed by us in accordance with our Privacy Notice set out in Clause 9.
    5. You are under no obligation to log into, or use, the Bandbeat Platform. If you choose to stop using the Bandbeat Platform you may do so without giving us any notice. Studio Hosts may at any time request the deletion of their Bandbeat Platform account. The Studio Host account will be deactivated at the time of the request and will be deleted within five (5) business days from the initial deletion request.
    6. When using the platform to search for a Studio Host, kindly note that sponsored results may appear in the search listings. Sponsored results are provided by contracted Studio Hosts or other relevant entities, who have paid for increased visibility in the search results. The presence of sponsored results does not indicate any endorsement or recommendation by Bandbeat. From our end, we strive to ensure that sponsored results are clearly labeled as such to distinguish them from organic search results. However, you should in any case independently evaluate and consider all available information before selecting and booking a Studio Host.
    7. We may temporarily restrict your access to and use of the Bandbeat Services if there is a suspected breach of your obligations (see Clause 6 below) or of these T&Cs, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).
  5. Reviews
    1. Both you and Studio Hosts will have the opportunity to leave reviews and provide feedback regarding your experience from making use of the Hosted Services. We encourage fair and constructive reviews and feedback, and you are welcome to share your experience with the community.
    2. You understand that your reviews may be publicly displayed on Bandbeat and other instances of Bandbeat’s Brands and we will not be held responsible for the content of the reviews or feedback left by other users and/or Studio Hosts, as such reviews solely represent the opinions of the individuals who leave them. However, you appreciate that we may moderate and remove reviews or feedback that violate our T&Cs, or are deemed inappropriate, fraudulent, or misleading in nature.
    3. By using Bandbeat, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display any reviews or feedback you provide on Bandbeat, in whole or in part.
    4. You acknowledge that we have the right to use the reviews and feedback for promotional or marketing purposes, without any obligation to compensate or notify you. We further reserve the right to limit or restrict the ability to leave reviews or feedback in the case of suspected abuse, misuse, or violation of the terms and conditions, as per above.
  6. Your Obligations
    1. When using the Bandbeat Services, you must comply with all applicable laws. You may only use the Bandbeat Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these T&Cs. You must not misuse the Bandbeat Platform or attempt to defraud either us or Studio Hosts.
    2. You must provide accurate and complete information when you register an account and when using the Bandbeat Services.
    3. Your account is personal to you. It cannot be licensed or shared unless expressly permitted by Bandbeat. Once you have set up an account, you:
      • may not register more than one account, unless we agree otherwise in writing;
      • may not allow third parties to use your account, or transfer your account to a third party;
      • must keep your account information accurate, complete and up-to-date;
      • must keep your login details confidential at all times and;
      • must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
    4. You will be responsible for paying any penalties or charges that may be incurred as a result of the provision of Hosting Services or Bandbeat Services requested through your account as further detailed below.
    5. You must not, in your use of the Bandbeat Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Studio Host, Bandbeat or any other party.
  7. Charges and Payment
    1. Charges for the Bandbeat Services
      1. You will not be charged for using the Bandbeat Services. However, we reserve the right to introduce a usage charge at a later stage, in which case you will be informed in writing and given the opportunity to terminate these T&Cs before any such charge is introduced. If you chose to terminate these T&Cs, you will no longer be able to access or use the Bandbeat Services.
      2. We reserve the right to introduce a penalty for specific features on the Bandbeat Platform. These may be subject to separate terms.
    2. Charges for Hosting Services
      1. If you make a request through the Bandbeat Platform, you agree to pay the relevant charges as described in the Bandbeat Platform prior to making the request and will be responsible for any charges or penalties linked to your user account in accordance with Clause 6.4 above.
      2. Depending on Hosting Services used, including, but not limited to, its location, the charges may be displayed on the Bandbeat Platform before a request is placed. In other cases, the charges will depend on your use of the Hosting Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.
      3. Booking and Payment: Upon selecting a Studio Host and agreeing to their Hosting Services, you may either proceed with: (a) a cash payment at the Studio Host upon arrival, or (b) an online payment through Bandbeat. In the latter case, you will be redirected to the Bandbeat payment gateway to complete the transaction.
      4. Τhe Studio Host has the right to either accept or reject the booking request. In the case of the online payment option being selected and if the Studio Host rejects the booking request, 100% of the payment made online will be refunded to the User within 2 to 4 business days. If the Studio Host accepts the booking request, 100% of the online payment will be further handled by Bandbeat.
      5. In the scenario the Studio Host does not respond to a booking request within 6 calendar days from the date of creation of the booking request and if online payment was selected booking request is automatically refunded to the User within 2 to 4 business days.
      6. You may be charged supplementary charges, costs and/or fines by Studio Hosts, for your use or misuse of Hosting Services (such as repair or cleaning penalty), or by Bandbeat for your use or misuse of Bandbeat Services.
      7. We, operating as an intermediary, facilitate the payment process by connecting you with the Studio Host and providing a secure payment gateway operated by Bandbeat via third-party financial services providers.
      8. You understand and acknowledge that we do not interfere with the payment transaction between you and the Studio Host; we solely act as a facilitator by securely transmitting payment details and providing confirmation of payment.
      9. In this regard, we do not store or retain any payment information, such as credit and/or debit card details or bank account information. All payment details are securely transmitted to the Studio Host for processing.
      10. Any disputes or issues regarding payments, refunds, or transaction errors should be directly addressed with the Studio Host and we shall not be held liable for any loss, damages, or disputes arising from the payment transaction between you and the Studio Host. Any such issues are solely between you and the Studio Host.
      11. We reserve the right to modify or update our payment gateway provider, provided that a comparable level of security and functionality is maintained.
      12. You have the right to cancel your Studio Host’s approved booking request at any time. In the scenario of the online payment option being selected and if the cancellation is made more than 24 hours before the exact scheduled booking time, 100% of the payment amount is reimbursed to the User. If the cancellation is made less than 24 hours before the scheduled booking time, only 50% of the payment amount is reimbursed to the User.
    3. Discount Codes
      1. Bandbeat has the right to issue and provide periodic discount codes ("Discount Codes") to you (the User). The criteria and availability, as well as the value of the Discount Codes, will be determined at Bandbeat's discretion. The cost of issuing the Discount Codes shall be borne by Bandbeat as defined in the clause 7.3.2 below.
      2. Bandbeat shall reimburse the Studio Hosts the total value of the discounts granted by the Studio Hosts to you during the immediately preceding period, upon the monthly invoicing of accepted booking requests to the Studio Hosts.
  8. Intellectual Property
    1. Bandbeat owns all rights, titles, and interests in the Bandbeat Platform and Bandbeat Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your user account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Bandbeat Platform and Bandbeat Services for the purposes described in this terms and conditions and only as provided to you through the Bandbeat Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. You may not register, claim ownership in, or sublicense the Bandbeat Platform, Bandbeat Services, or IP; use the Bandbeat Platform, Bandbeat Service, or IP in violation of these T&Cs or applicable law; or reverse engineer or copy all or any portion of the Bandbeat Platform.
    2. We may provide you Bandbeat’s Brands to help you advertise your venue to potential users. Where provided, you agree to use Bandbeat’s Brands only to advertise your venue. You may not use any Bandbeat’s Brands, the Bandbeat Platform, or the Bandbeat Services for any unlawful or competitive use or in a manner that harms or tarnishes our reputation or commercial value; and you are prohibited from modifying or using Bandbeat’s Brands in any manner that is inconsistent with our authorization or guidelines. We may terminate your right to use any Bandbeat’s Brands in our discretion upon notice to you.
    3. Some features of the Bandbeat Platform are services provided by third parties. For example, the map feature may be provided by Google Maps. If you click on a link to third-party sites or services, you will be directed to a site or service we do not control and may be subject to different terms and conditions.
  9. Privacy Notice
    1. We collect, use and disclose information from or about you as described in our Privacy Notice. Additional privacy notices may apply, including from third-party data controllers, for Bandbeat Services or Hosting Services.
  10. Your liability and Indemnity
    1. You are liable for any damage suffered by us as a result of your violation of these T&Cs, your misuse of the Bandbeat Services, or your violation of any laws or third-party rights.
    2. In order to have access to the Bandbeat Platform, you agree to indemnify, defend and hold us harmless from and against all claims, liabilities, expenses, and damages arising out of or related to a breach of these T&Cs, breach of applicable law or third-party claims, directly or indirectly related to your use of the Hosting Services, or the Bandbeat Services.
  11. Disclaimer
    1. The Bandbeat Platform is provided to its users “as is” and “as available.” The Bandbeat Services may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available or error free at all times.
  12. Limitation of Liability
    1. Nothing in these T&Cs limits and excludes any liability which cannot legally be limited or excluded under applicable law.
    2. We are not liable under or in relation to these T&Cs including, but not limited to, liability in contract, tort (including negligence, misrepresentation), including indirect or consequential losses.
    3. We are not liable for:
      • damages or losses arising from any transaction between you and a Studio Host; or
      • the availability and accuracy of the content, products or services of the Studio Host.
    4. We are not liable for delay or failure in performance resulting from causes beyond our reasonable control.
    5. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party.
  13. Termination
    1. You are free at all times to use the Bandbeat Services (where available) and may terminate these T&Cs and the Bandbeat Services by closing your account.
    2. We may terminate these T&Cs and your access to the Bandbeat Services with immediate effect, if we conclude that there is a breach by you of these T&Cs or any other agreement between you and Bandbeat for the provision of Bandbeat Services.
    3. Bandbeat may, in its sole discretion, terminate these T&Cs or discontinue the Bandbeat Services at any time by giving you reasonable advance notice in writing.
    4. If we cannot charge the charges to your preferred payment method, we may suspend or remove your access to the Bandbeat Platform until payment is made.
    5. You must immediately pay any outstanding charges due to Studio Hosts or Bandbeat by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.
  14. Miscellaneous
    1. Bandbeat may change these T&Cs from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in the Bandbeat Platform and/or by email. If you do not agree with these changes, you are free to delete your account, in accordance with Clause 13.1.
    2. The invalidity of any clauses in these T&Cs does not affect the validity and enforceability of the rest of these T&Cs. Any such invalid, illegal or unenforceable clause shall be deemed deleted.
    3. We may assign, subcontract or transfer these T&Cs or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these T&Cs or by applicable law. You may not assign, subcontract or transfer these T&Cs or any of our rights or obligations, in whole or in part, as your use of the Bandbeat Platform is personal, unless agreed otherwise.
    4. These T&Cs are our entire agreement with you, together with any additional agreement relating to the provision of Bandbeat Services and replace all previous agreements relating to your access and use of the Bandbeat Services.
    5. You may be required to accept additional terms to access or use the Bandbeat Services. If there is a conflict between these T&Cs and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
    6. There are no third-party beneficiaries to these T&Cs except as provided for in these T&Cs.
  15. Governing Law and Jurisdiction
    1. These T&Cs shall be exclusively governed by and construed in accordance with the laws of Greece. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.
By accepting these T&Cs, you agree to be bound by these T&Cs.
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