In this document, "Bachtrack Ltd", "us", "we" or "our" refers to Bachtrack Ltd, a company registered in England, no. 06443197, 30B Lynton Road, London N8 8SL, United Kingdom.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the bachtrack.com website ("the Website") and/or the My Bachtrack mobile application (the "Service") operated by Bachtrack Ltd.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

In this document “Content” means any text, images video, audio or other multimedia content or material provided to Bachtrack Ltd or posted on the Service. “Content Providers” refers to any person who contributes Content to Bachtrack Ltd. 

By accessing, using or contributing Content to the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The website provides information on classical musical concerts, programmes, composers, artists and works and information and schedules of performances for a number of concert venues in the UK and around the world. We agree that you may use the Website for the purposes of identifying concerts, programmes, composers, artists and works of interest and accessing information regarding such concerts, programmes, composers, artists and works solely for your own personal and private use.

You may not use the Website from a browser which, whether natively or by means of an ad in, blocks any advertisements served by the Website.  

My Bachtrack membership is governed by its own terms and conditions in addition to these.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Bachtrack Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.

Content

Our Service allows Content to be posted, stored and be otherwise made available.

By providing Content  to Bachtrack Ltd or posting Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content submitted, posted or displayed on or through the Service and you are responsible for protecting those rights.

By providing Content to Bachtrack Ltd or posting Content on the Service, you represent and warrant that:

  1. You are the owner of the Content and all intellectual property rights in the Content; or
  2. You are a licensee of the Content and all the intellectual property rights in the Content and in particular that you hold all licences and authorisations required to provide Content to Bachtrack Ltd to be used in connection with the Service and to post Content directly on the Service; and 
  3. The Content does not infringe the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person anywhere in the world.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

We are the legal owner of the copyright and database rights subsisting in works on the Service and in all materials, works and databases underlying the Service. Any use and/or copying of such works, materials and databases other than as expressly permitted under these Terms is prohibited.

You may publish a limited extract (of no more than 100 words) from a review, news article or feature as long as it is credited and contains a link back to the original page.

The Service and its original content (including articles and reviews uploaded by authors but excluding other Content provided by Content Providers), features and functionality are and will remain the exclusive property of Bachtrack Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bachtrack Ltd.

When you provide Content to Bachtrack Ltd or Content is posted on the Service, you give to Bachtrack Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Bachtrack Ltd business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Bachtrack Ltd.

Bachtrack Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bachtrack Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree that you shall indemnify Bachtrack Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Bachtrack Ltd arising out of:

  1. any use of and access to the Service, by you or any person using your account and password; and
  2. any breach of these Terms by you; and 
  3. any Content provided by you to Bachtrack Ltd or posted on the Service that infringes any rights (including intellectual property rights) of any third party anywhere in the world.

Limitation Of Liability

In no event shall Bachtrack Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Bachtrack Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Bachtrack Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Bachtrack Ltd or any person for whom Bachtrack Ltd is responsible, and even if Bachtrack Ltd has been advised of the possibility of such loss or damage being incurred.

Links to external sites

Material on the Service may contain hyperlinks to sites other than bachtrack.com. Bachtrack Ltd takes no responsibility for the contents or safety of any sites to which you may be directed by clicking on these links.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookie Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookie Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us using https://bachtrack.com/contact.

© Bachtrack Ltd 2007-18

Last updated on 22 November 2022