Training Terms & Conditions

1. SUBMITTING AN ORDER 

a) By submitting an order for purchase of a Course via the Website, you represent and warrant that: 

(i) you have the legal capacity to enter into a binding contract with us; and 

(ii) you are authorised to use the debit or credit card you provide with your Order. 

b) Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Course you have ordered in exchange for your payment of the total amount listed upon checkout. 

c) These terms are not agreed between you and us until you receive an email from us confirming that your order has been processed. 

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2. TERM  

These terms and conditions will commence on the date that your order is confirmed and continue in effect until the end of the Session (Term) outlined in your Order Form, unless earlier terminated in accordance with these terms. 

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3. YOUR OBLIGATIONS

 

3.1 NO VIDEO OR AUDIO RECORDING 

You must not make any audio or video recording of any part of the Course. 

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3.2 PROVIDE INFORMATION 

You must provide us with all documentation, information and assistance reasonably required to provide the Course. We will deal with all information provided to us under this clause in accordance with our privacy policy, available at this page. 

 

3.3 INTERACTION 

a) Attendance will be compulsory for completion of the Course.  

b) You may be required to perform certain Course works and actions during the term to complete the Course. 

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3.4 CHANGE OF MIND AND NON-ATTENDANCE 

c) You acknowledge that we do not issue refunds for change of mind.  

d) You must use your best endeavours to attend the Sessions at the times and on the dates set out in the Order Form or otherwise agreed in writing. You will not be entitled to a refund if you are late or do not attend the Sessions.  

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4. COURSE SPECIFICS

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4.1 COURSE PROVISION 

We will provide the Course to you in accordance with the Order Form. 

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4.2 COURSE MATERIAL

a) We may provide you with materials for completion or resources to help you when delivering the Course (Course Material). 

b) We own or licence the Intellectual Property Rights in any Course Material. See Clause 6 for more information, including for copying and redistribution. 

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4.3 EXTERNAL MATERIAL RECOMMENDATIONS

c) We may provide recommendations for external material that we believe is useful in relation to the Course (External Material).  

d) Where we recommend any External Material, we do not purport to own or licence the Intellectual Property Rights in the External Material and we do not (and cannot) extend any licence to you in order to access those External Materials.  

e) Any External Materials may be subject to restrictions and where you choose to access them you agree that you will do so at your own risk. 

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4.4 CHANGES TO SESSIONS 

f) We may, at our discretion, extend or modify any Session times as may be reasonably required by illness or for reasons that make a modification or extension necessary through no fault of our own. 

g) Where we are required to modify any Session times under the above clause 4.4(a), you will be offered the chance to complete the Course on an alternative date.  

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4.5 THIRD PARTY TERMS AND CONDITIONS 

h) If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’). 

i) Provided that the we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the goods or services and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms. 

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4.6 CATERING  

j) For in-person Sessions we may choose to provide catering for you throughout the Session (Catering).  

k) Where there is Catering for a Session, we will require dietary information from you in advance and you acknowledge and agree that you will provide any relevant dietary information and that any information you do provide is true and correct. 

l) We exclude any liability for any loss or damage resulting from any Catering where you have not complied with the above clause 4.6(b).  

m) We may engage third parties to provide Catering and, in such cases, the above clause 4.5 will apply.  

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5. DISCLAIMER 

You acknowledge and agree that: 

a) any information provided to you as part of or in connection with the Course is general in nature and may not be suitable for your specific circumstances;  

b) we do not represent or purport that you will receive any qualification or certification from completing the Course;  

c) while we will use our best endeavours to provide the Course as described in the Order Form, we do not guarantee that you will achieve any particular results; and 

d) it is your responsibility to comply with applicable Laws relevant to your business. 

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6. INTELLECTUAL PROPERTY LICENCE 

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6.1 Course MATERIAL – LIMITED LICENCE 

a) We grant you a limited, single-use licence to use the Course Materials for the sole purpose of completing the Course (Course Material Licence).  

b) The Course Material Licence is revocable, non-exclusive, world-wide and royalty-free. The Course Material Licence does not include any right to sublicense, distribute, reproduce, adapt or modify any of the Course Materials. You must not share the Course Materials with any third party, including any other participants.  

c) The Course Material Licence is for the Course only. You must not attempt to reproduce the Course for additional students or third parties.  

d) In our absolute discretion, we may allow you to copy and continue to use certain Course Materials after the Course is complete. Where this is not explicitly stated, the above clauses 6.1(a), 6.1(b) and 6.1(c) will apply. 

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6.2 COURSE MATERIAL OBLIGATIONS

You must: 

e) only use the Course Material in the manner approved by us from time to time (acting reasonably); 

f) immediately remove any use of the Course Material on social media or on any other website if requested by us; and 

g) not do or authorise the doing of any act, matter or thing or omit to do anything whereby the Intellectual Property Rights in the Licensed Assets may be prejudicially affected.

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7. PAYMENT 

a) All prices are: 

i) per unit (except where indicated); 

ii) in Australian Dollars; and 

iii) subject to change prior to you completing an order without notice. 

b) (Payment obligations) Unless otherwise agreed in writing, you must pay for the Course at the time of placing an Order. 

c) (GST) Unless otherwise indicated, amounts stated on the Website include GST.  

d) (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). 

e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. 

f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment. 

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8. CONFIDENTIALITY 

a) Except as contemplated by these terms, you must not use or disclose to any person any Confidential Information disclosed to you by us without our prior written consent. 

b) You must promptly notify us if you learn of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information. 

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9. COLLECTION NOTICE AND PRIVACY 

a) We may collect personal information about you in the course of providing you with the Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. 

b) You agree to be bound by our Privacy Policy, located on our Website, which is incorporated into these terms by reference. Please read the Privacy Policy carefully as it governs our collection, use and disclosure of personal information. 

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10. SECURITY 

We do not accept responsibility for loss or damage to your personal property arising in connection with your participation in the Course. You should take precautions to ensure that your personal property is safe and secure while you participate in the course. 

 

11. REPORTING MISUSE 

If you become aware of misuse of the Course Material by any person, You must contact us immediately using the contact details or form provided on our Website. 

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12. COURSE LIMITATIONS 

The Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that: 

a) the Course will be free from errors or defects; 

b) the Course will be accessible at all times; 

c) information you receive or supply through the Course will be secure or confidential except as outlined in our privacy policy; or 

d) although any information shared during the Course will be based on best industry practice at the time, any information provided through the Course is accurate or true. 

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13. WARRANTIES 

a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these terms are excluded. 

b) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided. 

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14. LIMITATION OF LIABILITY 

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14.1 LIABILITY 

a) To the maximum extent permitted by law and subject to clause 14.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the amount paid by you to us for the Course. 

b) Clause 14.1(a) does not apply to your liability in respect of loss or damage sustained by the us arising from your breach of the clause 6.  

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14.2 CONSEQUENTIAL LOSS 

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these terms or any goods or services provided by the us, except: 

c) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or 

d) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth). 

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15. CHANGE OF DATE OR CANCELLATION

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15.1 CHANGE OF COURSE DATES

a) Subject to clause 4.4, where we are required to change the dates of the Course, we will provide you with 30 days’ notice.  

b) During this notice period, you will be able to request a full refund for the Fees.  

c) If you do not request a refund during the notice period outlined in the above clause 15.1(a), we will assume that you intend to participate in the Course on the updated date and you will not be entitled to a refund of the Fees. 

 

15.2 CANCELLATION OF A COURSE 

Where we are required to cancel the Course entirely or are otherwise unable to provide you with 30 days’ notice of a change of date (Cancellation), we will provide you with a full refund of the Fees. 

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16. NOTICES  

a) Any notices required to be sent under these terms must be sent via email using the party’s email addresses set out in the Order Form and the email’s subject heading must refer to the name and date of these terms.  

b) If no email address is stated in these terms, the notice may be sent to the email address most commonly used by the parties to correspond in relation to these terms at the time the notice is sent.  

c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

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17. DEFINITIONS 

a) Business Day means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in New South Wales, Australia. 

b) Confidential Information means information of or provided by Us to You that is by its nature confidential information, is designated by Us as confidential, or You knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge. 

c) Intellectual Property Rights means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of these terms. 

d) Start Date means the date these terms is executed by the parties. 

e) Website means the website at www.mjmusictraining.com.au and any other site operated in connection with the Training Course. 

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18. GENERAL 

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18.1 GOVERNING LAW AND JURISDICTION 

These terms are governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum. 

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18.2 WAIVER 

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. 

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18.3 SEVERANCE 

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected. 

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18.4 ASSIGNMENT 

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. 

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18.5 ENTIRE AGREEMENT 

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. 

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18.6 INTERPRETATION 

a) (singular and plural) words in the singular includes the plural (and vice versa); 

b) (currency) a reference to $; or “dollar” is to Australian currency; 

c) (gender) words indicating a gender includes the corresponding words of any other gender; 

d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; 

e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; 

f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; 

g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it; 

h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time; 

i) (headings) headings and words in bold type are for convenience only and do not affect interpretation; 

j) (includes) the word “includes” and similar words in any form is not a word of limitation; and 

k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.