TERMS AND CONDITIONS
Welcome to http://www.freesiamusicstudio.com.au/(our Site).
Philippa Nancy Chapman (ABN 80 247 479 419) trading as Freesia Music Studio (Freesia Music Studio, we, us, our)is an early childhood music studio offering music lessons to infants and toddlers.
These Terms and Conditions (Terms) govern your use of our Site and Freesia Music Studio’s services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to Freesia Music Studio in writing at info@freesiamusicstudio.com.aubefore using our Site or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
These Terms were last updated in September 2018.
2. VARIATIONS TO TERMS
2.1 Freesia Music Studio reserves the right, in its sole discretion, to vary, change or amend any part of these Terms. In that event, Freesia Music Studio will provide notice of the variation by publishing the updated Terms on our Site. The updated Terms will be taken to have effect on the date of publication.
2.2 Your continued use of our services and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.3 Should you object or disagree to the Terms, you must discontinue your use of our services and our Site.
3. BOOKING AND CANCELLATION3.1 By making a booking for any Freesia Music Studio music lesson (Lesson), you agree to be bound by our booking policy.
3.2 Through the online booking system on our Site, you can book an Introductory Lesson with the Freesia Music Studio (Introductory Lesson). If, after the Introductory Lesson, you do not book further Lessons, then you will not be charged for the Introductory Lesson. However if, after the Introductory Lesson, you book additional and/or ongoing Lessons, then you will be charged for the Introductory Lesson in accordance with the price quoted on our Site.
3.3 You cannot redeem this Introductory Lesson if you are a returning customer.
3.4 You must attend your Introductory Lesson and any ongoing Lessons on time to ensure that they run for their full duration. If you are running late, Freesia Music Studio reserves the right to cut short your Lesson time.
3.5 If you need to reschedule or cancel a booking, you may do so without penalty provided at least 24 hours’ prior notice has been given to Freesia Music Studio. If you cancel less than 24 hours prior to your Lesson, or if you’re a ‘no show’, you forfeit the Lesson.
3.6 In the unlikely event that Freesia Music Studio cancels a booking, your Lesson will be rescheduled as soon as practicable.
4. YOUR OBLIGATIONS
Children must be supervised by a parent or other authorised guardian at all times during their Lesson.
5. CODE OF CONDUCT
5.1 Our Site and Freesia Music Studio Community is a respectful space for learning and sharing, and is a pitch-free, solicitation-free and sales-free environment.
5.2 Whilst using this Site and/or our Freesia Music Studio Community, we ask that you not:
6. REFUND POLICY
6.1 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each product or service delivered by Freesia Music Studio, or otherwise where Freesia Music Studio determines in its sole discretion that genuine value has not been received or is not able to be received by you.
7. LESSON STRUCTURE
8. PRICES
8.1 All prices for Freesia Music Studio’s services are in Australian dollars (AUD).
8.2 Prices include GST unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
8.3 All prices are subject to change without notice.
8.4 Freesia Music Studio reserves the right to modify, cancel and limit any pricing proposal or lesson plan any time.
9. PAYMENTS
9.1 Payment for Freesia Music Studio’s services must be made in accordance with any terms stipulated in our introductory emails or other documents provided to you by us (IntroductoryProposal).
9.2 Invoices for any Freesia Music Studio services are automatically generated and can be requested at any time by emailing info@freesiamusicstudio.com.au.
9.3 When an invoice is rendered, it becomes due and payable in accordance with the date prescribed on that invoice.
9.4 Failure to make payment by the payment date may lead to suspension or termination of your use of the Site or our services in accordance with clause 19.
9.5 Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
From time to time, Freesia Music Studio may offer the opportunity to purchase its services at a discounted or promotional price, subject to these Terms.
11. GENERAL DISCLAIMER
11.1 All Freesia Music Studio services are intended for general teaching, education and information purposes only. Nothing on our Site, nor any of the content provided to you and your child by us during our provision of our services, purports to offer professional advice.
11.2 Freesia Music Studio cannot be held responsible for how you use the information provided in the Lessons, and how your child develops their music skills, after the Lessons have completed. The use of the information supplied is up to each parent and student’s discretion.
11.3 Freesia Music Studio provides support, guidance, and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including you and your child’s dedication, participation, commitment, and motivation.
11.4 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that your child will achieve the same or similar results.
11.5 Freesia Music Studio will provide all the stationery, instruments, books and other play items (Equipment) that is necessary for the provision of its services. Freesia Music Studio does not own any of the Equipment used in Lessons and cannot be held responsible for their quality and condition. You will be responsible for any damage that you or any child under your supervision may cause to the Equipment.
11.6 All music resource lists including music track titles, album names and artist names provided by Freesia Music Studio is in accordance with the Copyright Act 1968 (Cth). You are responsible for ensuring you access, stream or download these materials in compliance with the Copyright Act 1968 (Cth).
12. RESULTS DISCLAIMER
12.1 Freesia Music Studio cannot and does not make any guarantees about your child’s ability to achieve musical results with our ideas, information, tools, or strategies. You acknowledge that there is inherent uncertainty in any creative and musical endeavour, and agree there is no guarantee that your child will attain any certain standard as a result of you purchasing our services.
13. LIABILITY IS LIMITED
13.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
13.2 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or our services.
13.3 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
14. INDEMNITY
14.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, services, or for any breach of these Terms by you, or your agents.
14.2 We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 13 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging with us for our services.
LESSON PHOTOGRAPHY
16. COPYRIGHT AND TRADE MARK NOTICES
16.1 All content within any materials on this Site, or otherwise delivered by us, including (but not limited to) templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
16.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
16.3 The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trade marks of Freesia Music Studio (Trade Marks). The Trade Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to Freesia Music Studio, in any manner that is likely to cause confusion with customers, or in any manner that disparages Freesia Music Studio.
16.4 Nothing contained on this Site or in our Freesia Music Studio should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Freesia Music Studio Marks without our express written permission.
16.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Freesia Music Studio will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
19.2 You may terminate your use of our Site and/or services at any time, which will be effective immediately upon receiving written notice from you, or mutually by agreement between yourself and Freesia Music Studio.
19.3 Upon termination, Freesia Music Studio reserves the right to be compensated for any services provided up until the date of termination in the amount the equivalent of number of Lessons received.
20.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least four (4) calendar weeks.21.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 21.
21.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
21.3 In the case of claims against us, all notices are to be provided to info@freesiamusicstudio.com.au.
21.4 If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
21.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
21.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
21.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
21.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
21.9 This clause 21 survives termination of these Terms.
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site or Freesia Music Studio services, please email us at info@freesiamusicstudio.com.au.
BUSINESS DETAILS
Business Name:Freesia Music Studio
ABN:80 247 479 419
Country: Australia
Email: info@freesiamusicstudio.com.au
APPENDIX
COMMUNITY GUIDELINES
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
· Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
· No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
· Respect confidentiality
Content gathered in our Freesia Music Studio Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
· Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
· Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
· Breaking the rules
If you are deemed to be breaking the rules of the group, Freesia Music Studio reserves the right to remove you from the Facebook or other online group that the offending behaviour has occurred within.
Welcome to http://www.freesiamusicstudio.com.au/(our Site).
Philippa Nancy Chapman (ABN 80 247 479 419) trading as Freesia Music Studio (Freesia Music Studio, we, us, our)is an early childhood music studio offering music lessons to infants and toddlers.
These Terms and Conditions (Terms) govern your use of our Site and Freesia Music Studio’s services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to Freesia Music Studio in writing at info@freesiamusicstudio.com.aubefore using our Site or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
These Terms were last updated in September 2018.
- ACCEPTANCE OF TERMS
- By browsing, accessing, downloading, purchasing or using the services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. VARIATIONS TO TERMS
2.1 Freesia Music Studio reserves the right, in its sole discretion, to vary, change or amend any part of these Terms. In that event, Freesia Music Studio will provide notice of the variation by publishing the updated Terms on our Site. The updated Terms will be taken to have effect on the date of publication.
2.2 Your continued use of our services and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.3 Should you object or disagree to the Terms, you must discontinue your use of our services and our Site.
3. BOOKING AND CANCELLATION3.1 By making a booking for any Freesia Music Studio music lesson (Lesson), you agree to be bound by our booking policy.
3.2 Through the online booking system on our Site, you can book an Introductory Lesson with the Freesia Music Studio (Introductory Lesson). If, after the Introductory Lesson, you do not book further Lessons, then you will not be charged for the Introductory Lesson. However if, after the Introductory Lesson, you book additional and/or ongoing Lessons, then you will be charged for the Introductory Lesson in accordance with the price quoted on our Site.
3.3 You cannot redeem this Introductory Lesson if you are a returning customer.
3.4 You must attend your Introductory Lesson and any ongoing Lessons on time to ensure that they run for their full duration. If you are running late, Freesia Music Studio reserves the right to cut short your Lesson time.
3.5 If you need to reschedule or cancel a booking, you may do so without penalty provided at least 24 hours’ prior notice has been given to Freesia Music Studio. If you cancel less than 24 hours prior to your Lesson, or if you’re a ‘no show’, you forfeit the Lesson.
3.6 In the unlikely event that Freesia Music Studio cancels a booking, your Lesson will be rescheduled as soon as practicable.
4. YOUR OBLIGATIONS
Children must be supervised by a parent or other authorised guardian at all times during their Lesson.
- You must make Freesia Music Studio aware of any of your child’s existing medical conditions or learning difficulties before attending your first Lesson, and warrant that you have answered all questions asked by Freesia Music Studio regarding your child’s medical history truthfully.
- You acknowledge that Freesia Music Studio will be relying on your disclosures and answers in relation to the information requested in clause 4.2 in order to cater to your child’s needs when providing our services. Any information collected in response to these questions will be monitored in accordance with our privacy policy.
- Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
- Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- Information that includes personal or identifying information about another person without that person’s consent.
- Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
- Any information or content that impersonates any person or entity.
- Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
- Warrant that you have the right to grant the above licences; and
- Warrant that Your Content does not breach these Terms.
- Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
5. CODE OF CONDUCT
5.1 Our Site and Freesia Music Studio Community is a respectful space for learning and sharing, and is a pitch-free, solicitation-free and sales-free environment.
5.2 Whilst using this Site and/or our Freesia Music Studio Community, we ask that you not:
- Contact anyone who has asked not to be contacted.
- Collect personal data about other users for commercial or unlawful purposes.
- Infringe other user’s privacy rights.
- Violate the intellectual property of others.
- Post anything that contains software viruses, worms or any other harmful code.
- Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
6. REFUND POLICY
6.1 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each product or service delivered by Freesia Music Studio, or otherwise where Freesia Music Studio determines in its sole discretion that genuine value has not been received or is not able to be received by you.
7. LESSON STRUCTURE
- Lessons are held once a week over a 9 week period.
- Lessons are available at the following times:
- Wednesday: 9.30am-10.30am
8. PRICES
8.1 All prices for Freesia Music Studio’s services are in Australian dollars (AUD).
8.2 Prices include GST unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
8.3 All prices are subject to change without notice.
8.4 Freesia Music Studio reserves the right to modify, cancel and limit any pricing proposal or lesson plan any time.
9. PAYMENTS
9.1 Payment for Freesia Music Studio’s services must be made in accordance with any terms stipulated in our introductory emails or other documents provided to you by us (IntroductoryProposal).
9.2 Invoices for any Freesia Music Studio services are automatically generated and can be requested at any time by emailing info@freesiamusicstudio.com.au.
9.3 When an invoice is rendered, it becomes due and payable in accordance with the date prescribed on that invoice.
9.4 Failure to make payment by the payment date may lead to suspension or termination of your use of the Site or our services in accordance with clause 19.
9.5 Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
- You authorise us to debit your account periodically to ensure payments are made in accordance with your Introductory Proposal (periodic payment).
- You agree to ensure sufficient funds are available in your nominated account to meet each periodic payment.
- In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee (limited to the amount of $50).
- In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the periodic payment and any associated fee referred above.
From time to time, Freesia Music Studio may offer the opportunity to purchase its services at a discounted or promotional price, subject to these Terms.
11. GENERAL DISCLAIMER
11.1 All Freesia Music Studio services are intended for general teaching, education and information purposes only. Nothing on our Site, nor any of the content provided to you and your child by us during our provision of our services, purports to offer professional advice.
11.2 Freesia Music Studio cannot be held responsible for how you use the information provided in the Lessons, and how your child develops their music skills, after the Lessons have completed. The use of the information supplied is up to each parent and student’s discretion.
11.3 Freesia Music Studio provides support, guidance, and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including you and your child’s dedication, participation, commitment, and motivation.
11.4 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that your child will achieve the same or similar results.
11.5 Freesia Music Studio will provide all the stationery, instruments, books and other play items (Equipment) that is necessary for the provision of its services. Freesia Music Studio does not own any of the Equipment used in Lessons and cannot be held responsible for their quality and condition. You will be responsible for any damage that you or any child under your supervision may cause to the Equipment.
11.6 All music resource lists including music track titles, album names and artist names provided by Freesia Music Studio is in accordance with the Copyright Act 1968 (Cth). You are responsible for ensuring you access, stream or download these materials in compliance with the Copyright Act 1968 (Cth).
12. RESULTS DISCLAIMER
12.1 Freesia Music Studio cannot and does not make any guarantees about your child’s ability to achieve musical results with our ideas, information, tools, or strategies. You acknowledge that there is inherent uncertainty in any creative and musical endeavour, and agree there is no guarantee that your child will attain any certain standard as a result of you purchasing our services.
13. LIABILITY IS LIMITED
13.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
13.2 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or our services.
13.3 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Site, Freesia Music Studio Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
14. INDEMNITY
14.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, services, or for any breach of these Terms by you, or your agents.
14.2 We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 13 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging with us for our services.
LESSON PHOTOGRAPHY
- You understand and acknowledge that Freesia Music Studio and / or its representatives may record any aspect of a Lesson (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Freesia Music Studio.
- You hereby waive any and all legal rights you may have against Freesia Music Studio in respect of Recordings of your participation in the event and grant to Freesia Music Studio the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
- You must tell Freesia Music Studio that your child does not consent to being included in our Recordings.
- No personal video, audio or photographic recordings are to be made during the workshops (Personal Recording), unless expressly agreed to by Freesia Music Studio. If Freesia Music Studio has agreed to a Personal Recording, it is to be for personal use only and cannot be put on social media or media of any kind.
16. COPYRIGHT AND TRADE MARK NOTICES
16.1 All content within any materials on this Site, or otherwise delivered by us, including (but not limited to) templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
16.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
16.3 The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trade marks of Freesia Music Studio (Trade Marks). The Trade Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to Freesia Music Studio, in any manner that is likely to cause confusion with customers, or in any manner that disparages Freesia Music Studio.
16.4 Nothing contained on this Site or in our Freesia Music Studio should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Freesia Music Studio Marks without our express written permission.
16.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Freesia Music Studio will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
- LINKED WEBSITES, AFFILIATES OR SPONSORS
- Any links to other websites on our Site, which are not operated by Freesia Music Studio are not controlled by Freesia Music Studio and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
- SEVERABILITY
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- TERMINATION
19.2 You may terminate your use of our Site and/or services at any time, which will be effective immediately upon receiving written notice from you, or mutually by agreement between yourself and Freesia Music Studio.
19.3 Upon termination, Freesia Music Studio reserves the right to be compensated for any services provided up until the date of termination in the amount the equivalent of number of Lessons received.
- NO ASSIGNMENT
20.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least four (4) calendar weeks.21.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 21.
21.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
21.3 In the case of claims against us, all notices are to be provided to info@freesiamusicstudio.com.au.
21.4 If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
21.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
21.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
21.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
21.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
21.9 This clause 21 survives termination of these Terms.
- APPLICABLE LAW
- These Terms shall be construed in accordance with and governed by the laws of Western Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises between us.
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site or Freesia Music Studio services, please email us at info@freesiamusicstudio.com.au.
BUSINESS DETAILS
Business Name:Freesia Music Studio
ABN:80 247 479 419
Country: Australia
Email: info@freesiamusicstudio.com.au
APPENDIX
COMMUNITY GUIDELINES
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
· Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
· No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
· Respect confidentiality
Content gathered in our Freesia Music Studio Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
· Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
· Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
· Breaking the rules
If you are deemed to be breaking the rules of the group, Freesia Music Studio reserves the right to remove you from the Facebook or other online group that the offending behaviour has occurred within.