Terms and Conditions

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on our website) which sets out how we will handle your personal information; 

• clause 3.2, which sets out our ability to vary the Services or Fees at any time with notice to you; and

• clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1. Engagement and Term

1. These Terms apply from the Commencement Date until the date that is the earlier of:

   • the date set out in any enrolment confirmation (which will typically follow the school terms provided by the Victorian Government); or

   • if no set term is agreed, it is a rolling contract that will end on the date on which these Terms are terminated.

2. Either Party may terminate these Terms at any time by giving 14 days’ notice in writing to the other Party. To the maximum extent permitted by law, we do not provide refunds for any Music Lessons occurring within 14 days of your notice to terminate these Terms. 

2. Music Lesson Attendance and Cancellations

1. First Trial Lesson:

   • When you book the first trial lesson, you agree to book and attend this meeting as scheduled.

   • If you fail to attend the scheduled first trial lesson or provide less than 24 hours' notice to cancel or reschedule, we reserve the right to to charge a $25 late/no show fee 

   • You acknowledge and agree this fee is to cover our costs associated with preparing for and reserving time for the first lesson and is a genuine pre-estimate of our loss.

   • The fee will be added to your next invoice or charged separately, at our discretion.

   • You acknowledge and agree that you are restricted to one first trial lesson per student, per instrument.

2. You agree to attend (or that your dependent will attend) the Music Lessons at the time and location set out in your enrolment confirmation and to bring your own instrument (unless otherwise agreed that it will be provided by us).

3. If you would like to permanently change the time of your Music Lesson, you may contact us, and we will try to find a new suitable time slot for you, subject to our availability. 

4. If you cannot attend a Music Lesson, please let us know as soon as possible via our nominated contact methods in clause 4.2. We can organise an alternative arrangement provided that you let us know:

   • for weekend lessons – no later than 3pm the day prior to your scheduled Music Lesson; and

   • for weekday lessons – no later than 12pm on the day of your scheduled Music Lesson. 

5. If you cannot attend a scheduled Music Lesson and you do not contact us in accordance with these Terms, you forfeit the class as we have reserved the time slot for you. We do not reschedule in-person Music Lessons nor do we provide refunds for Music Lessons that you miss due to no fault of our own. 

6. If you are unable to attend a scheduled lesson following our guidelines in clause 2.4 our alternative arrangements include:

   • an online lesson - in the case of transportation disruptions or constraints; or

   • a video review lesson - in the case of a conflicting event,  whereby the student submits a recording for teacher feedback and guidance.

7. If we cannot provide a particular Music Lesson due to unforeseen circumstances, including if a music teacher is unavailable and we cannot find a relief teacher, due to no fault on your part, we will notify you at our earliest convenience and either:

   • work with you to find an alternative time to provide the Music Lesson to you; or

   • refund the Music Lesson, if that is your preference.

8. You acknowledge and agree that a music teacher may change, without notice, at any time. If this happens, we will make sure your new music teacher is a great fit and arrange a comprehensive handover to continue the Music Lesson smoothly. 

9. Please ensure timely attendance at Music Lessons as we follow a strict schedule. If you are late, please note we are unable to accommodate any extensions of time or pro-rata adjustments to Fees for your scheduled Music Lesson, as the time slot was reserved for you. 

10. We may, in our absolute discretion, allow a pause of the Services and Fees with 2 weeks’ notice. All pause requests must be in writing 2 weeks prior to the said date. The pause will reserve your current lesson timeslot and selected teacher. The maximum pause period free of fees is 2 weeks exclusive of school holidays. For pause periods over 2 weeks, we will arrange for:

    • a deposit of 50% of Fees to hold the reserved lesson timeslot with your selected teacher; or

      1. You acknowledge and agree this fee is to cover our costs associated with preparing for and reserving your current lesson timeslot and selected teacher and is a genuine pre-estimate of our loss.

    • the continuation of the pause of the Services and Fees with the loss of your reserved lesson timeslot and selected teacher.

11. We operate during the Victorian government school term and there are no classes on public holidays. Your Fees will reflect the total number of classes across the school term and this will exclude public holidays, if relevant.

3. Services

1. All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

2. Notwithstanding clause 3.1, you agree that we may vary the Services or the Fees at any time, by providing 30 days’ written notice to you (Variation Notice Period). If you do not agree to any amendment made to the Services or Fees, you may, before the end of the Variation Notice Period, terminate these Terms by giving us 30 days’ notice in writing, in which case, the proposed variation will not come into effect and clause 11.3 will apply.

4. Your Obligations, Acknowledgements and Warranties

1. You agree to:

• comply with these Terms, all applicable Laws, and our reasonable requests including any code of conduct that we provide to you;

• provide up-to-date contact information;

• provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and

• not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

2. You agree to communicate with us only via our nominated communication method, which may include the portal, phone and an email address specified by us. You acknowledge that other contact methods are not monitored for the purpose of our delivery of the Services. 

3. You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 4. 

4. You represent and warrant that:

   • any information you provide to us is true, correct and complete;

   • you and your dependents will follow our reasonable instructions; and

   • you will inform us if you have reasonable concerns relating to the provision of the Services under these Terms, with the aim that the Parties will use all reasonable efforts to resolve your concerns.

5. Fees and Payment

1. You agree to pay the Fees according to the Payment Terms.

2. Late Payments: If you don’t pay on time as agreed, we can choose to stop providing the Services 5 business days after the payment was due and we can also ask you to pay for any extra costs we face because you didn’t pay on time. This includes any costs to get those payments from you.

3. When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6. Intellectual Property 

1. As between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Personnel (including in connection with these Terms or the provision of Music Lessons) (Our Intellectual Property) will at all times vest, or remain vested, in us. 

2. We grant you a limited, non-exclusive, revocable, non-transferable licence (without the right to grant sublicenses) to use Our Intellectual Property solely for the purposes of receiving the Music Lessons from us in accordance with these Terms. 

3. You grant us a perpetual, royalty-free, world-wide, unconditional, transferable and irrevocable licence to use, develop, adapt and modify all intellectual property rights (including copyright) in any materials that you provide to us in connection with these Terms, solely for the purpose of performing of our obligations or exercising our rights under these Terms. 

4. If you (or your dependent) have any moral rights (as defined in the Copyright Act 1968 (Cth) (Moral Rights) in any materials provided, used or prepared in connection with these Terms, you (and you will ensure that your dependent) consents to the infringement of those Moral Rights by us or our Personnel.

5. This clause 6 will survive termination or expiry of these Terms. 

7. Confidential Information

1. You will keep confidential, and not use or permit any unauthorised use of, any confidential information without our prior written consent, except where the disclosure is required by law.

8. Privacy

1. We will handle your Personal Information in accordance with our Privacy Policy, available on our website. 

9. Australian Consumer Law 

1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

2. Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

3. This clause 9 will survive the termination or expiry of these Terms.

10. Liability

1. Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:  

• neither Party will be liable for Consequential Loss; 

• a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.  

2. This clause 10 will survive the termination or expiry of these Terms.

11. Termination

1. Termination for breach: This Agreement can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under this Agreement. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate the Agreement immediately.

2. Upon expiry or termination of these Terms:

• we will immediately cease providing the Services;

• without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;

• you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;

• by us pursuant to clause 11.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

• we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 7. 

3. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.  

4. This clause 11 will survive the termination or expiry of these Terms.

12. General 

1. Amendment: Subject to clauses 3.1 and 3.2, these Terms may only be amended by written instrument executed by the Parties.

2. Assignment: Subject to clauses 12.3 and 12.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

3. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party. 

4. Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre. 

5. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

   • as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

   • uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms. 

6. Governing Law: These Terms are governed by the laws of VIC.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in VIC and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

7. Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. 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 transmission by email.

8. Publicity: Despite clause 7, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

9. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

10. Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

13. Definitions 

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them below:

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. 

Business Day means a day on which banks are open for general banking business in Melbourne, VIC, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date that is the earlier of:

1. the date that you accept our Services (whether online, in writing or orally); 

2. the date that you ask us to begin supplying the Services; or

3. the date that you make part or full payment of the Fees.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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. However, your obligation to pay us the Fees and any other amounts payable under these Terms will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 9.1. 

Fees means the relevant prices for the Music Lessons (Tuition Fees), education materials, music books and other equipment and services, as set out on our website, as may be adjusted in accordance with these Terms, from time to time.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.

Music Lessons means the music lessons (including group and individual lessons) that we provide to you in accordance with these Terms, and as set out in your enrolment form, which may be adjusted in accordance with these Terms, from time to time.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the Services, whether before or after the date of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.

Payment Terms means the payment of all Fees payable under these Terms in accordance with any due date and payment method stipulated in our invoice (which may accessed via our website or portal, or may be sent by email). Tuition Fees are paid on a monthly basis in advance and payment is a condition precedent to the provision of any Music Lessons by us.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Services means the Music Lessons (40 lessons per year), up to three recitals per year and any other services set out your enrolment email, as adjusted in accordance with these Terms.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

For questions about these Terms, or to get in touch with us, please email: hellothere@musosmindmusic.com