Terms & Conditions

Last Update: 1 March 2023
 
Welcome to Kalos.Community (“Website”)!
KALOS is an all-in-one platform where talents, performers, creators, professionals, musicians, and everyone can connect and share their passion for music (“Platform”).
KALOS LIMITED (“we,” “our,” or “us”) owns and operates the Platform.
The Terms and Conditions are a binding agreement that governs your ("user" or "you") use of the Platform. It incorporates our Privacy Policy, Refund Policy, and Creator Terms and Conditions, whenever applicable.
Please carefully read the Terms and Conditions and its incorporated documents because they affect your rights and obligations under the law. By using the Platform, you confirm that you understand and agree to be bound by the Terms and Conditions and its incorporated documents. If you do not agree with any part of the Terms and Conditions, you may not access or use the Platform.

KALOS

1. OUR COMMUNITY
1.1. The Platform is an online marketplace for quality music products, and accessories ("Products"), as well as resources, such as arrangements, coaching, content, courses, events, e-books, podcasts, productions, webinars, videos, activities, and other services (“Programmes”), and various professional support services, including, but not limited to artistic consulting, planning, production assistance, marketing, copywriting, human translation, accounting, and legal services ("Services").
1.2. A “Member” is a user who has an active account in the Platform (“Account”).
1.3. A “Creator” is a Member who offers Programmes to other Members as an independent contractor, while a "Certified Creator" is a Creator who is a professional or expert with extensive experience in performing and teaching music. If you want to apply as a Creator, please contact us through cs@kalos.community.

2. YOUR KALOS ACCOUNT
2.1. You need an Account to avail the various offerings on the Platform. If you create an Account, you agree to provide true, accurate, updated, and complete information about yourself (“Account Information”), as well as your credit card or payment information and billing address (“Payment Information”). You grant us the right, but we are not obligated, to independently verify such and all information that you provide on the Platform. We reserve the right to deny registration or suspend an Account at any time for any reason.
2.2. A user under 13 years old can be a Member if with parental or guardian approval. By creating an Account, you represent that you are either (a) at least 13 years old or (b) created your Account with the approval and under the supervision of your parent or legal guardian. We are not responsible nor liable for any use of the Platform by persons who violate this subclause 2.2.
2.3. If you are a parent or guardian, you can register and manage the accounts of your children or dependents under your Account. YOU AGREE TO SUPERVISE THE USE OF THE PLATFORM BY YOUR CHILDREN OR DEPENDENTS.
2.4. You are entirely responsible for the security and confidentiality of your Account. You will not transfer your Account to any person or share it with any third party. You are entirely responsible for any and all activities that occur under your Account, whether or not you allow it. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which You become aware.

3. PROGRAMMES
3.1. Each Programme on the Platform is published with a title, fee, availability, period, description, category, and the name of its Creator. Some Programmes are available exclusively online through the Platform. Additional terms and conditions may likewise apply to some Programmes.
3.2. You are solely responsible for all costs and expenses you may incur from using the Programmes. Some Programmes require a computer and a reliable internet connection. We do not provide refunds for failure or partial use of the Programmes due to technical failures, power outages, unreliable internet connections, or other factors beyond our control.
3.3. A Programme may be changed or updated without notice. The changes and updates will apply to the next order of the Programme.
3.4. Any Programme operated and delivered by a Creator is the property and responsibility of the Creator, not Kalos. Although we hope Creators only offer the highest quality Programmes, we are not responsible for the quality, substance, or performance of any of their Programmes available on the Platform.

4. KALOS ORIGINAL
4.1. We may make available some Products, Programmes, and Services curated and published by Kalos staff, editors, and creators ("Kalos Original"). Kalos Limited is the creator and owner of Kalos Originals. We may change or update any Kalos Original without notice. The changes and updates will apply to the next order.

5. SUBSCRIPTIONS
5.1. Some Programmes are available through a subscription (“Subscription”).
5.2. Subscription Fees. By making a Subscription, you agree to pay for the subsisting Subscription Fees during the Subscription period. Subscription Fees are subject to change at the end of each Subscription period. We will inform you of such changes before the new Subscription Fees take effect. By continuing the use of the Subscription, you agree to such changes.
5.3. Subscription Period. The Subscription will remain active during the Subscription period. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription period.
5.4. Automatic Renewal. Your Subscription will continue after each Subscription period, unless (a) the Programme description provides otherwise, (b) you cancel your Subscription or Account, or (c) we or the Creator suspends or discontinues the Subscription. You must cancel your Subscription before it renews in order to avoid any additional charges.
5.5. Upgrades. If you upgrade to a higher Subscription, you will be billed for the Subscription Fees of the higher Subscription at the start of its Subscription period.
5.6. Downgrades. If you downgrade to a lower Subscription, you will be billed for the Subscription Fees of the lower Subscription at the start of its Subscription period.

6. FEES AND PRICES
6.1. All fees and prices of Programmes are determined by their Creators, of Services by their service providers, of Products are determined by their sellers, and of Kalos Originals by Kalos Limited. If you order, you agree to pay for its fee or price posted at the time of your order.
6.2. We are constantly updating the Platform. We make every attempt to ensure that the information on the Platform is accurate and complete. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. We cannot and do not guarantee the accuracy or completeness of any information, including, but not limited to, the fees, descriptions, specifications, and availability. We reserve the right to correct any errors and inaccuracies or omissions, including after payment has been made.
6.3. If you paid an amount that is lower than the correct fee or price, we will contact you to confirm the correct amount. Should you not want to continue, your order will be canceled. You acknowledge and agree that no person will be obligated to provide or sell a Programme, Product, or Service at the incorrect fee or price.

7. RATINGS AND REVIEW
7.1. Members may be allowed to rate and review a Programme that they completed. Creators may be allowed to rate and review a Member who completed the Programme. The rating and review will be recorded and/or displayed on each of their profiles.
7.2. If you provide a rating or review, you agree to provide it based on your personal experience and interactions. The rating or review must be accurate and may not contain any offensive or defamatory language. You will not solicit the removal and/or alteration of any rating or review.
7.3. You must use the rating and review system honestly and fairly. You will not: swap payment (or anything of value) for a rating or review; coerce another user by threatening negative feedback; use the system to share unrelated views (like about politics or religion); offer or accept fake Programmes, Products or Services to improve your rating or review score.
7.4. You shall remain solely responsible for, and we shall have no obligation to prescreen, the rating or review that you provide. However, we shall have the right in our sole discretion to refuse to post or remove any rating or review that violates any part of the Terms and Conditions, any intellectual property rights or any rights of any party, at any time without notice.
7.5. If you believe that any review or rating is unjustified or violates the Terms and Conditions, please contact us at cs@kalos.community.

8. PAYMENTS
8.1. The Platform uses PayPal, Airwallex and other third-party payment service providers (each, a “Payment Supplier”) to collect and manage payments.
8.2. You acknowledge and agree that the Payment Supplier is responsible, and we shall not be liable, for any matter in connection with the processing of your payments.
8.3. You agree to notify us about any payment problems or discrepancies within 30 days from the date the payment was made. If you do not do so, you agree that you waive your right to dispute such problems or discrepancies.
8.4. You warrant and represent that you have the right and authority to use the credit card or payment method you have provided.
8.5. All payments shall be paid in US Dollars. You may have to incur costs for conversion and transfer of money if applied by your financial service provider.
8.6. We reserve the right but are not obligated, to limit the availability of the Platform to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

9. PROMOTIONS
9.1. We may offer rewards, discounts, free gifts, and other promotions on the Platform. If you decide to avail of a promotion, you agree to be bound by the promotion-specific terms in addition to the Terms and Conditions.

CONTENT ON THE PLATFORM

10. CONTENT
10.1. "Content" is any information displayed or available on the Platform, including, without limitation, text, data, code, images, photographs, graphics, software, designs, and any other materials. Without limiting any of our rights in law and equity, we reserve the right to remove any Content for any reason in our sole discretion, including any Content that we believe may violate the Terms and Conditions, or any copyright of third-party rights.
10.2. Use of Content. You are authorized to view, play and print the Content in the Programmes that you ordered and paid for, for your personal, informational, and non-commercial purposes only. You will not remove any copyright, trademark, or other proprietary notices from such Content. Except as permitted by copyright law, you may not modify any Content. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.

11. YOUR CONTENT
11.1. “User Content” means any Content, except Kalos Originals, that any Member or user submits on the Platform.
11.2. “Creator Content” means any Content provided by a Creator, including the Content in the Creator's Programmes, Products, and Services.
11.3. Ownership. If you submit User Content or Creator Content ("Your Content") on the Platform, you shall be solely responsible for the content and the consequences of posting or publishing them. The Platform merely acts as a passive conduit for online distribution and publication of Your Content.
11.4. Intellectual Property. The intellectual property and all related rights on Your Content will remain the exclusive property of the respective owner or holders of such rights. We do not take or claim any ownership (copyright, trademark, or otherwise) over your Content. You also guarantee that Your Content does not infringe any third party's intellectual property rights, including image or copyright, with Your Content being your original work, or you have received the relevant licenses or assignments of rights from the owners of the rights to the content comprising Your Content.
11.5. Grant of Rights. When you post or upload Your Content to the Platform, you grant us limited rights to store, use, display, and provide access to Your Content as necessary to provide the Platform. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to Your Content necessary to provide the Platform to you and our other users.
11.6. Disclaimer. Your Contents do not represent our views, or any individual associated with us. We do not control or endorse Your Content, directly or indirectly. We do not vouch for the accuracy or credibility of Your Content and do not take any responsibility or assume any liability for any actions you may take as a result of reading Your Content.
11.7. Advertising Rights. WE reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Content. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Terms and Conditions obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion, or distribution rights.

12. KALOS CONTENT
13.1. Except for User Content and Creator Content, we and/or our licensors own all of the content featured or displayed on the Platform, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Kalos Content”).
12.2. The intellectual property and all related rights on Kalos Content will remain the exclusive property of us or our licensors.
12.3. You are authorized to view, play, and print Kalos Content for personal, informational, and non-commercial purposes only. You will not remove any copyright, trademark, or other proprietary notices from Kalos Content.
12.4. Except as permitted by copyright law, you may not modify any of our Kalos Content. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell our Kalos Content.

GENERAL TERMS AND CONDITIONS

13. INDEPENDENT CONTRACTING PARTIES
13.1. We are independent contracting parties. Nothing in this agreement is intended to or should be construed to create a relationship other than that of independent contractors. Nothing in this agreement shall be construed as a contract of employment/engagement between Kalos Limited and you or as a commitment on the part of Kalos Limited to retain you in any capacity, for any period of time, or under any specific terms or conditions.
13.2. Creator Contents are separate and distinct from Kalos Originals. We do not investigate, represent, or endorse the accuracy, legality, legitimacy, validity, or reliability of any Creator Content, including, but not limited to, advice and recommendations contained on, distributed through, or linked, downloaded, or accessed therein.
13.3. The Creators are separate and distinct from Kalos Limited. We are not a party to the relationship between Members and Creators. We are not responsible or liable for any interactions involved between and among Members and Creators. We exercise no control over any relationship between the Members and Creators. You are solely responsible for your interactions and any form of communication between other Members and Creators. We reserve the right, but not the obligation, to monitor disputes between you and other Members and Creators.
13.4. As such, we do not endorse, control, or warrant the Creators, nor the manner or method of providing their Programmes. We do not warrant your safety. We urge all users to be responsible and careful about their use of the Platform, and any transaction entered into as a result of interactions with other users on the Platform.

14. INTELLECTUAL PROPERTY RIGHTS
14.1. The Platform contains copyrighted material, trademarks, and other similar proprietary information provided by or through us, our employees, agents, licensors, or other parties (collectively, “Proprietary Information”). Our Proprietary Information is protected by copyright law, registered, and unregistered trademarks, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own all Proprietary Information and your use of the Platform does not grant you any right, title, or interest in the Platform. You agree to not reproduce, distribute, sell, publish, or broadcast any of the material found on the Platform without our prior written consent.

15. TRADEMARKS/NO ENDORSEMENT
15.1. All trademarks, service marks and trade names used in the Platform (including but not limited to the Kalos name and logo, Kalos Limited corporate logo, Kalos name and design) (collectively “Marks”) are our or of our affiliates, partners, vendors or licensors’ trademarks or registered trademarks.
15.2. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to the distribution of materials on the Platform, without our prior written consent.

16. USE OF THE PLATFORM
16.1. Subject to your strict compliance with the Terms and Conditions, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform.
16.2. We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy the Platform is prohibited. We reserve the right but do not assume any obligation, to monitor your online conduct to enforce the Terms and Conditions.
16.3. You must use the Platform for lawful purposes only.
16.4. You agree that you will not violate any laws when using the Platform. This includes any and all local, provincial, state, federal, national, and international laws.
16.5. You agree not to “crawl,” “scrape,” or “spider” the Platform or to reverse engineer or attempt to obtain our source code or data.
16.6. You agree not to distribute any virus or other harmful computer code through the Platform, including viruses, Trojan horses, spyware, adware, malware, bots, time bombs, worms, or other harmful or malicious components, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform.
16.7. The use of the Platform is void where prohibited.

17. SECURITY
17.1. The information that you provide to us is stored on a secured server. While we take reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through the Platform, through online ordering, or in databases stored on our servers.
17.2. You understand that User Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

18. THIRD-PARTY LINKS
18.1. The Platform may contain links to third-party sites that are not affiliated with or owned, operated, or controlled by us. You acknowledge and agree that we are not responsible for the content, privacy policies, or practices of such third-party sites or the companies that own them. By using the Platform, you expressly relieve us from any and all liability arising from your access and use of any third-party site.

19. THIRD-PARTY TOOLS AND APPLICATIONS
19.1. We may provide you with, or the use of the Platform may require, access to third-party tools and applications over which we neither monitor nor have any control or input. You acknowledge and agree that such third-party tools and applications are provided and/or used “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools and applications. Any use by you of third-party tools and applications offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party tools and platforms are provided by the relevant third-party provider(s).

20. USER FEEDBACK
20.1. You may provide feedback, comments, and suggestions (“Feedback”). If you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

21. COMMUNICATIONS
21.1. By creating an Account, you automatically opt-in to receive email communications regarding the Platform. You can unsubscribe from receiving promotional emails. However, you cannot opt-out of transactional emails such as order confirmations, invoices, and specific communication about your Programmes.
21.2. We reserve the right to send you an electronic mail for the purpose of informing you of changes or additions to the Platform or the Terms and Conditions.
21.3. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of your communications with us, unless required in the course of normal maintenance of the Platform, or unless required to do so by law or in the good-faith belief that such action is necessary to (a) comply with the law or comply with legal process served on us; (b) protect and defend our rights or property or of the users of the Platform; or (c) act in an emergency to protect the personal safety of our guests, ours, or the public.

22. ADVERTISEMENTS
22.1. We may run advertisements and promotions of third parties on the Platform. Your correspondence or business dealings with, or participation in promotions of the third-party advertisers, found on or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Platform.

23. PLATFORM INFORMATION
23.1. We attempt to ensure that information on the Platform is complete, accurate and current. Despite our efforts, the information on the Platform may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Platform.
23.2. Through your use of the Platform, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using the Platform, you assume all associated risks.

24. NO WARRANTIES
24.1. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Platform will be corrected. We do not guarantee, represent, or warrant that your use of the Platform will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from your use of the Platform will be accurate or reliable. You expressly agree that your use of, or inability to use, the Platform is at your sole risk.
24.2. The Platform and our content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Platform or Our content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Your use of the Platform (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

25. LIMITATION OF LIABILITY
25.1. You understand that there are certain inherent risks and dangers in participating in the Programmes, using the Products, or availing of the Services published on the Platform. You fully accept these risks, and you agree that you will have no recourse to seek damages against us even if you suffer loss or damage from using them. To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the total fee or price of the Programme, Product or Service connected to the event which gave rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

26. INDEMNIFICATION
26.1. You agree to indemnify, defend (if we so request), and hold harmless us, our group companies, and their officers, directors, suppliers, partners, and agents against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Platform (c) your violation of the Terms and Conditions, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of the Terms and Conditions and your use of the Platform.

27. RESULTS DISCLAIMER
27.1. From time to time, we may report on the success of one of our existing or prior users. The information about this success is accurately portrayed by the user. You acknowledge that the prior success of others does not guarantee your success. You acknowledge you are using the Platform voluntarily and that any choices, actions, and results now and in the future are solely your responsibility. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Platform. We will not be liable to you or any other party for any decision made, or action taken in reliance on the information on the Platform. Your results may vary and will be based on your individual capacity, experience, expertise, and dedication. There are no guarantees concerning your level of success.

28. REVISIONS TO THE TERMS AND CONDITIONS
28.1. We reserve the right to update, change or replace any part of the Terms and Conditions by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms and Conditions at any time on this page. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the Platform shall also be subject to the Terms and Conditions.

29. CHANGES TO THE PLATFORM
29.1. We may change, update, alter, suspend, or discontinue the Platform or its contents, in whole or in part, at any time and for any reason, without notice or cost.
29.2. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Platform.
29.3. We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms and Conditions.

30. FORCE MAJEURE
30.1. We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

31. TERMINATION
31.1. We may terminate any free use of the Platform at our sole discretion, for any or no reason, with or without notice.
31.2. During any subsisting Subscription Period or paid use of the Platform, we may block or terminate your access to the Platform in the event that: you breach any part of the Terms and Conditions; we are unable to verify or authenticate any information, including Payment Information, that you provide to us; or we believe that your actions may cause financial loss or legal liability for you, our users or us. In such a case, we will have the right to deactivate your Account and/or delete your Account Information.
31.3. You may terminate your Account or your use of the Platform at any time. If you terminate, you shall be liable to pay all fees and charges that have accrued until the termination takes place.

32. GENERAL
32.1. Entire Agreement. The Terms and Conditions and the other agreements incorporated herein set out the entire agreement and understanding between the parties with respect to its subject matter.
32.2. Severability. If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
32.3. Assignment. This Agreement is personal to you. You cannot assign your rights and interests in the Terms and Conditions without our written consent. You agree that we may automatically assign our rights and interests in the Terms and Conditions at our sole discretion.
32.4. No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.
32.5. Survival. Any provisions of the Terms and Conditions that impose continuing obligations on the parties shall survive any termination or expiration of the Terms and Conditions.
32.6. Jurisdiction and Choice of Law. The laws of Hong Kong Special Administrative Region of the People's Republic of China govern the Terms and Conditions. The courts of Hong Kong Special Administrative Region have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Platform and the Terms and Conditions.

33. CONTACT US
33.1. If you have any questions, comments or suggestions, please contact us through cs@kalos.community.