Terms

WEBSITE DISCLAIMER

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by Dynamic Music Education. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Dynamic Music Education. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Dynamic Music Education takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Dynamic Music Education Pty Ltd – ©  2018. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

GENERAL TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use,  which together with our privacy policy and website disclaimer, govern dynamicmusiceducation.com’s (‘Dynamic Music Education’) relationship with you for your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Dynamic Music Education and dynamicmusiceducation.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Dynamic Music Education’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Dynamic Music Education is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Dynamic Music Education’s  liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age or if you are under 18 years of age you must have a parent or guardian’s express consent to purchase any goods or services from this website.

DELIVERY OF GOODS

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

If you join as a Member at the special introductory price and you are not 100% satisfied within your first 30 days of subscription, we will refund your first payment less any administration fees or bank fees. Please see our full Membership Terms for more details.

Dynamic Music Education handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

LINKS TO OTHER WEBSITES

Dynamic Music Education may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Dynamic Music Education and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Dynamic Music Education’s website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Dynamic Music Education absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Dynamic Music Education gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Dynamic Music Education to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At dynamicmusiceducation.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by managing your account settings or by advising us in writing via email. Customer data is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Dynamic Music Education may be required, in certain circumstances, to disclose information in good faith and where Dynamic Music Education is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of dynamicmusiceducation.com. Dynamic Music Education expressly excludes and does not permit you to use or access our  website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Dynamic Music Education will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Dynamic Music Education reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Dynamic Music Education expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take  action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions and any other client terms for our services represent the whole agreement between you and Dynamic Music Education concerning your use and access to Dynamic Music Education’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Dynamic Music Education that results in litigation then you must submit to the jurisdiction of the courts of Queensland.

MEMBER TERMS

These Member Terms (‘Terms’) apply to all Members to this website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for any membership or our Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time.

DEFINITIONS

“Associated Rights” means all associated rights including, but not limited to audio, electronic rights, translation rights, merchandise, broadcast, and film and TV rights. 

“Content” means all information on our website and all material provided to you during the performance of the Services, including, but not limited to all information, links, photos, images, videos, music, notation, sound, music exercises, techniques, examples, methods and processes.  

“Intellectual Property Rights” includes all trademark, copyright, design, inventions, patents, trade secrets, confidential information, ideas, concepts and know-how and  any other intellectual property rights whether registered or unregistered.

“Services” means our online and offline music services, including the music education program and any other music education services we offer now and in the future.

“Member/You” means a member signing up to become a Member and subscribing to our Services and by doing so, agree to these Terms. 

“the website” means dynamicmusiceducation.com

“We”, “our” and “us” means Dynamic Music Education Pty Ltd, dynamicmusiceducation.com and includes its directors, employees and contractors.

HOW IT WORKS

We offer an online, video based music education program. The program is subscription based, and primarily designed for adults and teenagers. The program is based around the keyboard, so it is highly recommended that members of the program have their own keyboard to work with. Units containing lesson videos are released progressively. To have access to the program, participants need to purchase a subscription.

MEMBERSHIPS AND PAYMENTS 

You must complete the online form in order to become a Member and subscribe to our Services. Monthly subscription services must be paid fully in advance, and are automatically deducted from your nominated payment method unless you or we cancel the subscription in accordance with the Cancellation Terms below. Payments are processed by Stripe or PayPal.

We may increase our Membership Fees from time to time, with notice, and may offer alternative other payment models and options. Please check with us regularly to ensure you understand the fees and options.

REFUNDS

If you join as a Member at the special introductory price and you are not 100% satisfied within your first 30 days, we will refund your first payment, less any administrative fees or bank fees. To receive your refund you need to send us an email with “Refund Request” in the subject line. Your refund will usually take on or around 5 - 10 business days. Only one refund is permissible per Member.

We do not offer partial or pro rata refunds or any other refunds, except as required under Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth). See “Liability” for more information on these refunds.   

CANCELLATION AND TERMINATION 

TO CANCEL YOUR MEMBERSHIP: You are solely responsible for cancelling your membership subscription through our website if you paid by card, or directly through PayPal if you purchased using PayPal. You can cancel your subscription at any time.  

We require a minimum of 5 days notice prior to the next automated payment to be processed. In the event that you cancel within the specified time period and the next payment is still deducted from your account, please notify us and we will work with you to have this payment reversed. 

WE MAY TERMINATE YOUR MEMBERSHIP: We have the right to terminate your membership or, in our sole discretion, terminate or suspend your membership access to the website with or without notice if you fail to pay your Membership Fees when payment is due or you otherwise breach these Terms. 

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and may be referred to the appropriate law enforcement authorities. 

Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. 

We are not required to provide any refund or part thereof to you for such termination of your subscription.  

AGREEMENT FOR MEMBERSHIP SERVICES

To be eligible to sign up for our Services, you acknowledge and agree to the  following:

You are over 18, or if you are under 18 you have your parent’s or guardian’s express consent to use the Services.

You will not share your password or login details with any other person and you will keep your contact, payment and other information updated.

We are only providing you with the Services to assist you. You need to decide what may work best for you. We do not have your personal information, personal facts or goals in mind when we provide these Services.

We do not warrant, promise or guarantee that any of the Content we provide for the Services or use of the Services will produce a particular result. We are only providing Content for your consideration and to provide you with the Services. At no time do we provide any guarantees or warranties in relation to the Content.

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website without notice. We shall not be liable to you or any third party for any modification when it is required.

You will use our Services in good faith and will not manipulate, alter, circumvent, or in any way use our Services in an unlawful manner or for unlawful means, whether direct or indirectly.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

We make no warranty that the website Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period; and

The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

RIGHTS IN OUR CONTENT

All rights, title and interest in the Content, including, but not limited to, the Intellectual Property Rights in the Content and all Associated Rights in the Content at all times remains our sole property. You must not share, re-create, or otherwise reproduce the Content on or provided through our website, or otherwise transmitted to you by us.

In particular, you must not sell, resell or otherwise provide our Content in any way, manner, medium or create derivative works to any third party. No reproduction, distribution or transmission of the Content is permitted without our prior written permission which may be granted in our sole discretion.

We grant you a limited license to use the Content for the purpose of furthering your private musical education. This is the only permitted use of the Content, and if you want to use the Content for any other reason you must contact us and seek prior written permission to do so. Permission will only be granted at our sole discretion.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to Intellectual Property Rights and Associated Rights contained or embodied within the Services. You must not transfer, sublicense or grant access to any of our Services to any other person, company or business. 

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours. All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

Any unauthorised use of the Content, Services and/or website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms. We further reserve the right to seek an urgent injunction in the event of a breach of this clause; you acknowledge that damages may be an insufficient remedy to protect our rights in our Content, Services and/or website.

DISCLAIMER

All the Content accessed through the Services is for educational purposes only, is general in nature only, and is not in any way to be construed as individual or personal advice.

You take full responsibility and risk for making any decision based on the Content on our website so you should ensure you do your own due diligence to ensure any product or service you may purchase is suitable for your own situation and requirements. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any Content or Services contained on or accessed through this website and all such liabilities are expressly disclaimed.

LIABILITY

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).   

Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain good quality data sources on our websites, we make no representations or warranties of any kind, express or implied, about:

the completeness, accuracy or reliability of the Information you obtain from the use of our Services; or

whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You agree that you must evaluate, and bear all risks associated with, your use of the services provided by any third party service provider and/or information made available to you through or facilitated by the website.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our websites or our Services, including, but not limited to, loss or corruption of your data. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

The supply of any services again; or

The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

INDEMNITY

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including, but not limited to, any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) any third party claims (iii) any activity you may engage in through any use of our Services, or(iv) your use of the Services.

PERSONAL INFORMATION AND PRIVACY

Where Members are required to provide information, you agree:

to provide true, accurate, current and complete information about as requested during the registration process; and

to maintain and promptly update such information to ensure it is up-to-date,  complete and accurate at all times.

We, at all times, abide by the Australian Privacy Principles. Please refer to our full Privacy Policy for details of how we collect, store and use personal and sensitive information.

GOVERNING LAW

These Terms are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.

 

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