1. About us
- We are FINGERTIPS MUSIC EDUCATION (Business Registration No. 41355339-000-06-23-6), a business registered in Hong Kong, hereinafter referred to as “Fingertips Music”, “指尖音樂” or “we”.
- If we have to contact you, we will do so by telephone or by WhatsApp or by emailing to you at the phone number or email address you provided to us.
- When we use the words “writing” or “written” in these terms, this includes emails.
2. These Terms
- Fingertips Music’s mission is to provide students with an effective, interactive and affordable learning environment. We enable anyone anywhere to create and share educational courses (instructors) and to enroll in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the Fingertips Music’s website and other related services (“Services”).
- By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
3. Changes of terms
- We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
4. Availability of our services
- We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
- We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
- We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
- We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
- You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5. Your account and password
- You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address and phone number. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
- You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
- We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
- You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
- You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
6. Course Enrollment and Access
- As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Fingertips Music a license to view the course via the Fingertips Music platform and Services, and Fingertips Music is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
- In legal terms, Fingertips Music grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by an authorized representative of Fingertips Music. This also applies to content you can access via any of our APIs.
- We generally give a 1-year access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. The 1-year access is not applicable to add-on features and services associated with a course, for example, the instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the 1-year access is to the course content but not to the add-on features provided by the instructor.
7. Payments, Credits, and Refunds
- The prices of courses on Fingertips Music are determined solely by the instructor, and the prices could be amended from time to time without prior notice.
- We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
- When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty  days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
8. Content and Behavior Rules
- You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
- If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Fingertips Music complies with copyright laws.
- We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
9. Use of the Platform
- You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
- Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
- This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
- You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
10. Your rights
- You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
- You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
- If you believe your intellectual property rights have been infringed, please contact us by emailing us at firstname.lastname@example.org or WhatsApp our customer service team at +852 5560 6654.
11. Our rights
- The content you post as a student remains yours.
- When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Fingertips Music to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Fingertips Music for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
- We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
- Our name “Fingertips Music”, “指尖音樂” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
- We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
- We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
- You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
14. Limitation on liabilities
- Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
- To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
– we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
– we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
– we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
– we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
– we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
– we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
- To the fullest extent permitted by law, Our Entities are not liable to you or others for:
– any indirect, incidental, special, exemplary, consequential or punitive damages; or
– any loss of data, business, opportunities, reputation, profits or revenues,
– relating to the use of our Platform or any products or services we offer.
- We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
- Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve  months.
- You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
- You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
- These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by deactivating your account. To deactivate your account, please contact us by email@example.com.
- We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
– you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
– you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
– we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
– our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
- Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
17. Entire agreement
- These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
- You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
18. Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one  calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- If you have any questions about these terms or the Acceptable Use Policy, please contact us by firstname.lastname@example.org.
20. Governing law and jurisdiction
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
- The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
21. Acceptable Use Policy
– use our Platform for unlawful or unauthorised purposes;
– re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
– probe, scan, or test the vulnerability of any system or network;
– breach or otherwise circumvent any security or authentication measures or service use limits;
– access, tamper with, or use non-public areas or parts of the Platform;
– interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
– reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
– access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
– send unsolicited communications, promotions or advertisements, or spam;
– forge any TCP/IP packet header or any part of the header information in any email;
– send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
– conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
– abuse referrals or promotions;
– post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
– violate applicable laws or regulations in any way; or
– violate the privacy or infringe the rights of others
1. FINGERTIPS MUSIC EDUCATION (collectively called “Fingertips Music”, “指尖音樂” or “we”) provides information including but not limited to education or other related matters (“Information”). We endeavor to ensure the accuracy and reliability of the Information, but does not guarantee its accuracy and reliability and does not accept any liability (whether in tort or contract or otherwise) whatsoever for any loss or damage (including without limitation consequential loss or damage) however arising from or in respect of any inaccuracy or omission or from any decision, action or non-action based on or in reliance upon the Information contained in Fingertips Music’s website.
2. To facilitate access by users to information provided by or via other parties, Fingertips Music’s website may contain hyperlinks to external websites operated by parties other than Fingertips Music. Provision of the hyperlinks to such external websites is for your reference only but does not imply any endorsement of the material on such external websites by Fingertips Music. Fingertips Music does not accept any liability (whether in tort or contract or otherwise) whatsoever for any loss or damage (including without limitation consequential loss or damage) however arising from or in respect of any access to the contents of or interaction with any such external websites via Fingertips Music’s website.
3. By using Information, you are deemed to have unconditionally accepted the terms of this Disclaimer, which may be revised and/or amended from time to time by Fingertips Music at its sole discretion without prior notice to you.
Last update: 13 June 2023