TALKING MUSIC PTY LTD – BUSINESS TERMS AND CONDITIONS

We offer music theory courses, delivered online via webinars, skype consultations and a number of other methods, as outlined on our website. We may also, from time to time, offer courses or counselling on communication and anger management, through music. Our music theory courses and services are designed to give you a great base in music theory and for those of you out there with an existing knowledge of music theory, we do offer more advanced courses. Feel free to contact us if you have questions! Happy learning!

1         Acceptance

(a)    This website (Site) is operated by Talking Music Pty Ltd ACN 629 915 564 (we, our or us). It is available at: talkingmusic.online and talkingmusic.org and may be available through other addresses or channels, including through our Ruzuku online shopfront.

(b)    By accessing and/or using our Site, you; each person, entity or organisation using our Site (referred to as you or a user as applicable):

(1)           warrant to us that you have reviewed these Terms and Conditions, including our Website Terms of Use (available on the Site) and our Privacy Policy (available on the Site) (Terms), and you understand them;

(2)           warrant to us that you have the legal capacity to enter into a legally binding agreement with us and you are at least 18 years of age; and 

(3)           agree to use the Site in accordance with the Terms.

Please read the Terms carefully and immediately cease using the Site and our services if you do not agree to these Terms.

(c)     You may be required to create an account in order to participate in and enjoy our courses. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy. If you are accepting these Terms on behalf of anyone else including signing up a Minor (defined below) to courses, you warrant that you have consent to disclose their personal information to us in accordance with our Privacy Policy. It is your responsibility to keep your account details confidential and you are liable for all activity on your account, including any purchases made using your account details.  

2         Minors

(a)    You must not create an account and/or sign up for courses through the Site unless you are at least 18 years of age. If you are at least 13 years of age but under 18 years of age (a Minor) you must ask your parent or legal guardian to sign up for courses through the Site on your behalf and obtain your parent or guardian’s consent to be able to participate in any courses.

(b)    If you are signing up for a course for a Minor you agree to: (i) assume all risks associated with, and liabilities resulting from, the Minor’s participation in the course; (ii) ensure that the course is suitable for the Minor; (iii) ensure all information submitted to us on behalf of the Minor is accurate; and (iv) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.  

3         Bookings

(a)    You may sign up for courses from us as set out on the Site. If you sign up for any courses through the Site, this constitutes an offer by you to purchase a particular course for the price notified at the time you sign up.

(b)    We may, at our absolute discretion, accept or refuse your request to sign up for a course or courses, including if there are no spaces left to participate in a course. We will endeavour to notify you of a rejection at the time you sign up or within a reasonable time thereafter.

(c)     Each time that you sign up for a course results in a separate binding agreement between you and us for the supply of a course or courses in accordance with the Terms.

(d)    It is your responsibility to verify what you are signing up for, including details of the course you have selected, pricing and the date and time of the course (including any live webinars, if applicable) before you sign up to a course.

(e)    When you order and pay on the Site and your payment has been validated, you will be sent a confirmation email. The confirmation email will contain details of your payment, a tax invoice, further details about what to do next and a link to enrol in your courses.

4         Cancellation

(a)    We do not provide refunds for change of mind or other circumstances other than in accordance with our cancellation policy set out below. To the extent permitted by law, we will charge the following cancellation fees if you contact us providing the following notice:

(1)           if you cancel more than 10 days before the start of a course we will provide you with a full refund of the course fees or provide you with an option to change the date of the course (subject to availability);

(2)           if you cancel with less than 5 days’ notice but more than 24 hours before the start of a course we will refund you 75% of the course fees; and

(3)           if you cancel with less than 24 hours’ notice before the start of a course no refund will be provided.

(4)           There are no refunds on products such as eBooks or digital downloads.

(b)    If we provide, or offer to provide you with any one-on-one counselling or consulting, you must provide at least 24 hours’ notice if you wish to cancel a scheduled appointment.

5         Fees and Payments

(a)    You must pay us the course fee for each course you order as set out on the Site (the Course Fees) in accordance with this clause. All amounts are stated in Australian dollars.  

(b)    Unless otherwise stated our courses are GST free.

(c)     Unless otherwise stated you must pay the Course Fees upfront at the time of signing up for a course using one of the payment methods set out on the Site. If we ever allow you to pay your Course Fees in stages, then you must pay each portion of the Course Fees by the date or dates set out in our invoices.

(d)    If we provide, or offer to provide you with any one-on-one counselling or consulting, we will provide you with a quote for our services. If you accept our quote we will invoice you and you must pay the counselling fees by the date set out on our invoice.

(e)    You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

6         Counselling services disclaimer

(a)    Our music and music anger management courses are not to be used as a substitute for consultation with a professional psychologist or other professional health or medical provider. Our counselling courses are not medical advice. Before making any decision or taking any action, you should consult a trained health professional. While we have made reasonable attempts to ensure that the information contained on the Site has been obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of this information.

7         Limitations

(a)    Despite anything to the contrary, to the maximum extent permitted by law:

(1)           our maximum aggregate liability arising from or in connection with the Terms (including the courses and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the courses the subject of the relevant claim; and

(2)           we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b)    Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 

(1)       failure or delay in providing the courses; or

(2)       breach of the Terms or any law,

where caused or contributed to by any:

(3)       event or circumstance beyond our reasonable control; or

(4)       act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the courses. 

(c)     Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL.  Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

8         Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any hand-outs, pamphlets, guides or other materials (including in connection with the Terms, the courses and our counselling) will at all times vest, or remain vested, in us.

(b)    We give you a limited, revocable, non-transferable, licence to use, for your personal use, any training materials or other content we provide to you as part of our music theory courses.

(c)     You must not, without our prior written consent:

(1)           copy or use, in whole or in part, any of our intellectual property;

(2)           reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3)           breach any intellectual property rights connected with the Site or the courses, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

(d)    This clause will survive termination of your Account.

9         Termination

(a)    We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your account if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

(b)    You may stop using the Site at any time for any reason.

(c)     We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

10     Collection Notice

(a)    We collect personal information about you in order to provide you with your ordered courses and products, to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)    We may disclose that information to third party service providers who help us deliver our courses (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our courses to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c)     Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(d)    By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

11     General

(a)    Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b)    Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

(c)     Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d)    Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.

(e)    Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(f)      Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.

(g)    Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(h)    Governing law: These Terms and Conditions are governed by the laws of Victoria. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

For any questions and notices, please contact us at:

Talking Music Pty Ltd ACN 629 915 564

Email: talkingmusic18@gmail.com

Last update: 20 November 2018

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