The Mubazar Platform is owned and operated by JMI. By registering on the Mubazar Platform, you acknowledge to have read and to agree with these Terms and Conditions without reservation.
In these Terms and Conditions, the following definitions apply:
1.1. “Account”: the main interface for Organisers and Musicians to access and use the Platform.
1.2. “Intellectual Property Rights”: all brands, logos, trademarks, internet domain names, models and designs, patents, copyrights (including all rights relating to software) and moral rights, rights relating to databases, semiconductor topographies, knowhow, and other rights, as well as all other industrial and intellectual rights, in any case independent from whether or not they have been registered and with the inclusion of registration applications as well as all equivalent rights or means of protection leading to a similar result anywhere in the world.
1.3. “JMI”: SECRÉTARIAT DE JEUNESSES MUSICALES INTERNATIONAL, a non-profit organization with registered offices at Square Eugène Plasky 92-94, box 13, 1030 Brussels, Belgium and registered in the Register for Legal Entities under the number 415.351.030.
1.4. “Match”: the agreement between a Musician and an Organiser to collaborate for a certain Opportunity.
1.5. “Musician(s)”: any User who registers on the Platform by creating an Account resulting in a Musician Profile in order to apply for an Opportunity using the Platform.
1.6. “Opportunity”: a public (visible to non-registered users) offer for collaboration created by an Organiser who is looking for a Musician to which a Musician can apply.
1.7. “Organiser(s)”: any User who registers on the Platform by creating an Account resulting in an Organiser Profile in order to create an Opportunity using the Platform.
1.8. “Payment Service Provider”: for the provision of payment services within the Mubazar Platform, JMI relies exclusively on the services of an external payment service provider, being Adyen B.V., with registered offices at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands, registered in the Chamber of Commerce under the number 34259528. Adyen B.V. is supervised by the Dutch Central bank as a payment institution and provides its services in Belgium under the freedom to provide services, in accordance with Article 25 of the Payment Services Directive (2007/64 / EC). JMI will not provide any payment services itself.
1.9. “Platform”: JMI’s online platform Mubazar as described in Article 2 and accessible via http://mubazar.com or via the official Mubazar app available for download in the App Store and Google Play Store.
1.10. “Profile”: the online representation of a Musician or Organiser on the Platform.
1.11. “User”: any natural or legal person who accesses the Platform.
2.1. The Platform is first and foremost intended as an online space where Organisers and Musicians may encounter each other in order to identify opportunities for collaboration. In doing so, Organisers can enlist Musicians to their activities and, in some cases, earn money through online registrations and Musicians can find Opportunities that will advance their careers and personal lives.
2.2. JMI reserves the right to determine, at its sole discretion and without prior notice, which information of the User Profile is shown to anyone who visits the Platform.
3.1. The Platform is open ended, meaning that anyone interested may register and create an Account and a User Profile, subject to the indicated purposes of the Platform as well as compliance with these Terms and Conditions.
3.2. Access to the Account is limited via an authorisation procedure for which each User must choose personal login credentials. Once registered, the Musician or Organiser Profile is only visible to other registered Users.
4.1. The User agrees to observe the following rules of conduct:
• provide reliable and correct information using the Platform,
• not interfere with the normal functioning of the Platform,
• not infringe the intellectual property rights of JMI,
• not to hinder the use of the Platform by other Users,
• not to spread spam or other inappropriate information or messages via the Platform,
• not to distribute viruses or other malicious software,
• not use tools for search or indexing (parts) of the Platform (e.g. indexing robots, crawlers), unless the user is a search engine,
• not circumvent or obstruct the protection of the Platform.
• not pass the password to third parties.
4.2. JMI may refuse access to the Platform to the User in the event of non-compliance with these Terms and Conditions, including these rules of conduct.
5.1. The Organiser will be able to search for Musicians via the Platform. He will be able to visit the Musician Profile and consult his contact information or other publicly available information.
5.2. The Musician will see the Opportunity posted by the Organiser, which will be clearly attributable to a certain Organiser. The Musician can apply to a certain Opportunity of which the Organiser will be notified, or the Organiser can suggest a certain Opportunity to a Musician via the contact link on the Musician’s Profile. If a fee is due by the Musician, only the Payment Service Provider will handle the transaction of this fee. In principle, the Organiser can accept or refuse the application of the Musician. The Organiser will not be required to state any reason for the refusal of an application. The Organiser cannot refuse the application of the Musician if it concerns an Opportunity with automatic approval.
5.3. If the application of a Musician is accepted by the Organiser, the Musician will be notified of this Match via the Platform. The Organiser and Musician will then work closely together to complete the Opportunity. The Organiser will take the lead in organising the Opportunity and he will keep the Musician up-to-date regarding the Opportunity.
5.4. After completion of the Opportunity by the Musician, the Musician can rate the Organiser thus indicating a level of satisfaction. The rating will be added to the public part of the Organiser Profile. JMI does not assume any responsibility for these ratings nor does JMI certify the ratings’ accuracy.
6.1. Since the Platform is essentially composed of software, the User acknowledges that JMI cannot guarantee a flawless operation. JMI will therefore ensure the availability and operation of the Platform in accordance with good industry practice. If reasonably possible, Mubazar will timely notify the User of any planned interruptions in the operation of the Platform. However, Mubazar cannot notify the User of any unforeseen interruptions.
6.2. JMI will ensure that all of its staff are properly trained and have the skills necessary to fulfil their obligations to the best of their abilities. JMI will also ensure that any interruptions in service delivery of the Platform are communicated as soon as reasonably possible. JMI will put in place timely response procedures to handle any unforeseen interruptions.
6.3. JMI has the right to change the availability of the Platform at all times and for as long as JMI deems necessary for maintenance or update purposes or similar purposes, without permission of the User. Insofar as reasonably possible, such change in availability shall be communicated in advance via the Platform.
6.4. Insofar the operation of the Platform relies on the provision of services by third parties who are beyond the real and effective control of JMI, JMI cannot be held liable, resulting from a shortcoming in the services of this third party or a termination of the relation by this third party. Such shortcomings shall include, but shall not be limited to:
6.4.1. Non-compliance on the part of the third party with applicable laws and regulations;
6.4.2. Loss of data caused by a malfunction in the systems of a third party;
6.4.3. Unavailability of (parts of) the Platform caused by the unavailability or malfunction of services of a third party on which the Platform relies.
6.5. JMI does not verify, nor is responsible and cannot be held liable for any content uploaded by Users. The User who uploads content to the Platform that proves damaging to others and results in a claim brought against JMI, will defend, hold harmless and indemnify JMI in any ensuing legal proceedings.
6.6. JMI is not responsible and cannot be held liable for any errors in the operation of the Platform, even if those errors result in damages, if these errors are caused by misinformation (either insufficient, incorrect or both), negligence or non-compliance with both the law and the provisions of these Terms and Conditions.
6.7. JMI is not responsible for any obligations in labour, contract, tax or social security law applying in the relationship between Musician and Organiser. The Musician and Organiser will defend, hold harmless and indemnify JMI for any claims originating from the violation of any such obligations. The Musician and Organiser will furthermore defend, hold harmless and indemnify JMI from all legal actions in principal, interests and costs, including costs of legal assistance, on matter for which the Musician or Organiser must bear the costs themselves.
6.8. The Organiser acknowledges that JMI is not responsible and cannot be held liable for the quality of work delivered by the Musician to the Organiser.
6.9. JMI can never be held liable, not even in case of serious fault, for indirect damages, including consequential damages, financial or commercial damages, loss of profit or income, lost opportunities, lost savings, damage due to business discontinuity, reputational damage and damage from legal proceedings initiated by third parties against the Musician or Organiser.
7.1. The agreement between JMI and the User, as outlined by these Terms and Conditions, shall commence from the moment the User registers on the Platform and is entered into for an indefinite period. It may be terminated by JMI vis-à-vis the User at any time respecting a seven (7) day notice or by the User at any time by simply deleting his account.
8.1. For the provision of payment services within the Mubazar Platform, JMI relies exclusively on the services of an external Payment Service Provider. JMI will not provide any payment services itself. Complaints or questions regarding the payment services can be directed to firstname.lastname@example.org.
8.2. The Organiser will be liable for any costs related to the services of the Payment Service Provider. In case of cancellation of the Opportunity, the Organiser will refund to the Musician the fee paid by the Musician, if any. In any case, the costs related to the services of the Payment Service Provider will be paid by the Organiser and will not be refunded by JMI.
9.1. JMI remains at all times holder of all Intellectual Property Rights related to the content – including all appurtenances – of the Platform, with the exception of all documents, information and other elements received from the User. JMI grants the User, where the User makes use of the intellectual property of JMI (such as the Mubazar logo) for access to and use of the Platform, a non-exclusive, non-transferable and non-sublicensable right of use for the period of such use. Such right of use will be consistent with the normal use of the intellectual property of JMI within the activities of the User as interpreted in light of these Terms and Conditions. Unless expressly stipulated otherwise, JMI will not transfer any Intellectual Property Rights to the User.
9.2. Having regard to the provisions of the preceding paragraph, the User shall not copy, analyse, decompile, make public, distribute, transfer to third parties, or change any content encumbered with Intellectual Property Rights unless expressly permitted by JMI.
9.3. Each use by the User of any material protected by Intellectual Property Rights or other rights of third parties, happens on the full and sole responsibility of that User, who indemnifies – accordance with clause 5 – JMI against any possible legal action of third parties with regard to violation of their rights. The User acknowledges and accepts that JMI exercises no power of control nor any advisory powers with regard to any rights held by third parties.
9.4. By uploading any content encumbered with Intellectual Property Rights held by a User, that User grants JMI a non-exclusive, transferable, worldwide, sublicensable and royalty-free right to use, copy, store, transmit, modify, create derivative works of and publicly perform and display that content for an indefinite period to the extent necessary to provide the Mubazar service to User and to promote the Platform.
10.1. In principle, all content uploaded by a User shall be treated as non-confidential, especially any information which by its very nature cannot reasonably be considered confidential such as the public part of the User Profile as well as any ratings. On the contrary, certain information which by its very nature should be considered as confidential, such as login credentials giving access to the Platform, trade secrets etc., shall be treated as confidential.
10.2. If and when a governmental or judicial authority who is competent requires confidential information, then Parties will first confer with one another prior to any disclosure, which in any case will be limited to the minimal divulgation of information in order to comply with the governmental or judicial order.
12.1. JMI will be entitled to rely at its own discretion on subcontractors for the fulfilment of its obligations towards the User, as outlined by these Terms and Conditions. The agreement between JMI and the User cannot be construed as being of a strictly personal nature with respect to JMI. All rights and obligations with respect to JMI in the framework of the agreement between JMI and the User can be transferred in whole or in part to a third party without the User’s consent.
12.2. JMI reserves the right to modify these Terms and Conditions at all times. Any such modification shall be made public on the Platform. Any modification shall resort effect the month after the month in which the modification was made. If a User does not agree with the modification, he may terminate this agreement in accordance with Article 6.
12.3. These Terms and Conditions by no means entail a curtailment of any rights of JMI under statutory law.
12.4. These Terms and Conditions are the only agreement between the parties with regard to access to and use of the Platform and they supersede any other related requests, verbal or in writing, to submit an offer, offers, proposal, proposition, guarantee, warrant, agreement, communication or commitment.
12.5. If any provision of these Terms and Conditions is deemed by a judicial body to be illegal or invalid, the effects of such estimation shall be limited to that provision only and shall leave unhampered all other provisions of these Terms and Conditions.
12.6. Belgian law governs these Terms and Conditions. The parties hereby undertake to apply the CEPANI mediation rules to all disputes arising out of or in relation to these Terms and Conditions. Should the mediation fail, each party has the right to submit the dispute to the courts in Brussels.