Terms and Conditions
Our mission is to provide a platform for your band to grow and stay organised. Our Band Mule mobile application is designed to help share your bookings with your bandmates and prepare for rehearsals.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We collect various pieces of data about you, your band and your bandmates in order to provide the services Band Mule was designed for.
Arbitration Notice
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Band Mule will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Our services allow data to be shared between users. By agreeing to these terms you must:
- Provide accurate information about yourself.
- Not share any information that you are not willing to share with your bandmates
- Not share images or text that is deemed rude, adult, offensive or unlawful
- Not share viruses or malicious code that may harm other users or Band Mule's systems
- Not collect or store information gathered from any of Band Mule's systems or services, whether this is manually or using automated means
- Not upload any copy-written data or images or any data or images of which you do not own the intellectual property for
We reserve the right to remove any data or information created by our community in order to maintain a pleasant environment for our users
We work constantly to improve our products and services. As a result of this, our terms or policies may change over time. When this happens we will provide reasonable notice to you to review any changes and delete your account if you do not agree with the changes. If we deem a user to have breached our terms we may choose to de-activate or delete your account. We will use reasonable skill and care in order to ensure usage of our products is safe and secure, however we cannot guarantee that our products will always function without distributions, delays or imperfections. We do not accept responsibility for any information used or held by the services we provide.
Purchases
Band Mule offers certain enhanced features of the Services which you can purchase as a monthly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Band Mule may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Band Mule until accepted and confirmed by Band Mule. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Band Mule. Band Mule reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Band Mule deems appropriate in its sole discretion. Band Mule also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Band Mule will either not charge you or refund the charges for orders that we do not process or cancel.
Program Versions
The Program is comprised of two levels of service. A free version of the service (the “Free Service), and a paid version of the service (the “Premium Service”).
A) Free Service: You may sign up for the Free Service of the Program without charge or obligation. As a user of the Free Service, you will have limited access to the content and services provided by the Program,
B) Premium Service: As a Premium User, you will have full access to the content and services provided by the Program. By becoming a Premium User, you warrant that: (a) You are legally capable of entering into binding contracts; (b) All registration information you submit is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Program does not violate any applicable law or regulation.
Band Mule offers a monthly subscription option. Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Band Mule is authorized to charge the same credit card or other payment method (the “Payment Method”) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. You may discontinue auto-renewals of your subscription at any time by logging into your account and following instructions in your account settings. You may discontinue auto-renewals of your subscription at any time by logging into your account and following instructions in your account settings. Refunds cannot be claimed for any partial subscription period. You agree to promptly notify Band Mule of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. Our obligation to provide service is only valid once we have received payment and we have confirmed your purchase to you by email. You agree not to hold us responsible for banking charges incurred due to payments on your account. We may at any time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to the Program or any services offered through the Program. We will notify you by email in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing us at admin@bandmule.com.
When registering for the Program, you agree to provide accurate and current information about yourself, and to promptly update such information as necessary in order to ensure that it is accurate and complete. Any passwords used for this site are for individual use only. You will be responsible for the security of your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Breethe reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Band Mule reserves the right to investigate suspected violations of these Terms. Band Mule reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this agreement you waive and hold harmless Band Mule from any claims resulting from any action taken by Band Mule during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Band Mule or law enforcement authorities.
Contact Us
If you have any questions or concerns regarding these Terms, please email: admin@bandmule.com.
Overview of Subscription Plans and Payments
We offer a monthly plan, and monthly payment frequency. If you have questions regarding your plan following your purchase, please refer to the confirmation email you receive after your purchase.
If you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month. Please note that we may use a third-party payment processor to facilitate your payments.
Refund Policy
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone or iPad applications, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
Renewals
Monthly subscription plans set up through mobile storefronts, such as Apple’s App Store, can be cancelled or modified directly in the account settings area of such storefront. Band Mule has no control over these subscriptions.
Pricing Change Policy
Our prices may change in the future. If the pricing for your subscription plan does increase, we will notify you in advance to provide you with an opportunity to modify or cancel your subscription.
Payment Information
By providing payment information to us, you agree that the payment information is your own, or if it is in someone else’s name, that you have been authorized to use it for this purpose.
If you provide someone else’s payment information, all refunds will be applied to that person if they so request if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your service.