TERMS OF SERVICE
Updated 11 Jan 2020
1.1 Introduction: Westside Music College Pty Ltd a company registered in Australia with it’s trading address at 500 William Street, Highgate, Western Australia 6003 (“Westside Music College”, “Westside”, “we”, “us”, “our”) provides its services (described below) to you through its physical facilities and website located at www.westsidemusiccollege.com and other subdomains (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
- Access and Use of the Service
2.1 Use Description: The Westside Music College service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Westside purchase we grant you a limited, non-exclusive, non-transferable, license to access the Westside Music College content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Westside Music College may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.3 Member Account, Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Westside Music College of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Westside Music College will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: Westside Music College reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Westside Music College will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage: You acknowledge that Westside Music College may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Westside Music College’s servers on your behalf. You agree that Westside Music College has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Westside Music College reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Westside Music College reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or pre-recorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Westside Music College account information to ensure that your messages are not sent to the person that acquires your old number.
2.7 Money Back Guarantee: Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service within the first 30 days after purchase, Westside Music College will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Westside Music College’s sole discretion. If Westside Music College determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, email Support at firstname.lastname@example.org.
- Conditions of Use
3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Westside Music College reserves the right to investigate and take appropriate legal action against anyone who, in Westside Music College’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Westside Music College, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Westside Music College or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Westside Music College information regarding your credit card or other payment instrument. You represent and warrant to Westside Music College that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Westside Music College the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Westside Music College to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Westside Music College know within sixty (60) days after the date that Westside Music College charges you. We reserve the right to change Westside Music College’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than Australian taxes based on Westside Music College’s net income.
3.3 Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Westside Music College to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Westside Music College is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Westside Music College, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Westside Music College may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Westside Music College. Except as otherwise explicitly stated by Westside Music College, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Westside Music College will have no refund obligations. Westside Music College disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.
If you subscribed via iTunes on your Apple mobile device, you can cancel by going to your Account Settings in the App Store. You can find Subscriptions in the Settings app on your device under iTunes & App Store, and then select your Apple ID.
If you subscribed via the Google Play Store on your Android mobile device, you can cancel by opening the Google Play Store and selecting Menu Subscription. You can select the subscription you want to cancel or update and then follow the onscreen instructions.
If you subscribed on our website, you can cancel by contacting Support at email@example.com or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription.
3.4 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Australian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3.5 Commercial Use: Unless otherwise expressly authorized herein or by Westside Music College in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Intellectual Property Rights
4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Westside Music College, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Westside Music College from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Westside Music College, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Westside Music College.
The Westside Music College name and logos are trademarks and service marks of Westside Music College (collectively the “Westside Music College Trademarks”). Other Westside Music College, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Westside Music College. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Westside Music College Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Westside Music College Trademarks will inure to our exclusive benefit.
4.2 Third Party Material: Under no circumstances will Westside Music College be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Westside Music College does not pre-screen content, but that Westside Music College and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Westside Music College and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Westside Music College, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted: Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Westside Music College, its affiliated companies and partners (including but not limited to Westside Music College instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Westside Music College, its affiliated companies or partners are non-confidential and Westside Music College, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Westside Music College may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Westside Music College, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Copyright Complaints: Westside Music College respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Westside Music College of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail at:
Westside Music College
500 William Street, Highgate
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4.5 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Western Australia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Westside Music College will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
4.6 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Westside Music College has adopted a policy of terminating, in appropriate circumstances and at Westside Music College’s sole discretion, users who are deemed to be repeat infringers. Westside Music College may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4.7 Intellectual Property: All intellectual property rights (including without limitation registered design, copyright, database right, trademarks, application to register any of the aforementioned rights, trade secrets and/or know how) in Westside Music College materials and courses described in this brochure are and shall remain the exclusive property of Westside Music College or its licensors. Westside Music College shall also own all intellectual property rights arising in the parts of recordings and writings made or written by Westside Music College employees during the teaching of courses where Westside Music College and its employees have had input into the composition and/or recording and/or production of said works. Any unauthorized reproduction, dissemination, broadcast or other use of such Westside Music College owned or controlled recordings and/or writings is prohibited and shall constitute breach of this Agreement and an infringement of copyright. From time to time, Westside Music College may offer to certain Students Publishing and/or Production licensing and/or administration arrangements, with the express intent of cooperatively exploiting songs and/or recordings presented by the Students to Westside Music College. All such arrangements shall be subject to acceptance of the terms offered in each case.
- Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Westside Music College has no control over such sites and resources and Westside Music College is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Westside Music College will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Westside Music College is not liable for any loss or claim that you may have against any such third party.
- Social Networking Services
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Westside Music College shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Westside Music College is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Westside Music College is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Westside Music College enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
- Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Westside Music College and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WESTSIDE MUSIC COLLEGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WESTSIDE MUSIC COLLEGE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WESTSIDE MUSIC COLLEGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WESTSIDE MUSIC COLLEGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WESTSIDE MUSIC COLLEGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WESTSIDE MUSIC COLLEGE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED UNITED STATES DOLLARS US$100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
- Binding Arbitration; Class Action Waiver
You and Westside Music College agree that these Terms of Service affect interstate commerce and that the International Arbitration Act 1974 (Cth) governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at Westside Music College, 500 William Street, Highgate, Western Australia 6003 and firstname.lastname@example.org, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of Australia, arbitration may take place in the state where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside Australia, arbitration will be held in Perth, Western Australia, and you and Westside Music College agree to submit to the personal jurisdiction of any federal or state court in Perth, Western Australia in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Westside Music College shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Westside Music College is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WESTSIDE MUSIC COLLEGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in Australia Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Westside Music College at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Westside Music College also will not be bound by them. If Westside Music College changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Westside Music College’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Westside Music College in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MASTERCLASS REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Westside Music College, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Westside Music College believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Westside Music College may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Westside Music College may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Westside Music College will not be liable to you or any third party for any termination of your access to the Service.
- Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Westside Music College will have no liability or responsibility with respect thereto. Westside Music College reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
- Your Obligations
You agree to:
- Comply with: i) this Student Agreement at all times throughout your course or program; ii) any material related to your chosen course (e.g. course outline), (if applicable); iii) All School policies, terms and conditions, codes, agreements, procedures, manuals, guidelines available online and at School reception and/or provided by email, as updated from time to time; and iv) the reasonable requests of our staff.
- Keep us informed of any change in your visa status.
- Keep us informed of any changes to your personal information (including your home address, billing address, telephone numbers, email addresses, financial information and next of kin contact information).
- Declare any criminal charges pending against you, and any past (unspent) criminal convictions, on your application form or immediately after receipt of any such charge or conviction if these arise during your course or program.
- Submit only your own work and not plagiarise the work of others.
- To act in accordance with Westside Music College Students Code of Conduct.
- Not impede or prevent the provision of any program or course or program of study offered by us.
- Not cause damage to our reputation or public image.
- All offers of admission are subject to agreement of these terms and conditions and the details of your offer set out in the formal offer letter issued by Westside Music College.
If you fail to comply with any of these obligations we may notify you of such failure and where appropriate arrange a meeting with you. If your breach is serious or persistent, we may at our discretion dismiss you with immediate effect from your course or program and terminate our agreement with you immediately on written notice, in line with the Students Disciplinary Procedure.
You are required to use best endeavors to attend your course or program in full (and you must attend at least 90% of your course or program) to achieve a Westside Music College Certificate. If your attendance is not, in our reasonable discretion, of a satisfactory standard (regardless of the reason for any absence and whether on a cumulative or consecutive basis), we will provide notice to you that continued failure to attend the course or program may result in your dismissal from the course or program. If, following such notice, your attendance on the course or program continues to be unsatisfactory (in our reasonable discretion), we reserve the right to dismiss you with immediate effect at any time from the course or program and terminate our agreement immediately by notice to you, without refund or further liability.
Please note that in the event of termination, we may notify:
- The Australian Department Of Immigration, or Australian Department Of Home Affairs (if you are an international Students).
- Any relevant authority.
- Your legal guardian or parent (if you are under 18).
- Your financial sponsor (if any).
- Our Obligations
We shall provide our tuition services with reasonable skill and care. We have the right to revise and amend this Student Agreement from time to time and we will give you prior notice of any changes to this Student Agreement.
Course and program start and end dates are not expected to change. However, we reserve the right at any time to change course and/or program dates, cancel courses or programs and/or change instructors or locations from the published information for reasons such as non-availability of venues, insufficient take-up of the relevant course or program, and sickness or other absence of instructors. We will give as much notice and explanation of any such change as is reasonably possible and, where practicable, we will offer an alternative course or program (visa regulations permitting).
We reserve the right at any time to change course or program dates, cancel courses or programs and/or change instructors or locations from the published information for reasons such as space and/or venue availability, instructor/teacher availability, insufficient take-up of the relevant course, and sickness or absence of instructors. We will give as much notice and explanation of any such change as is reasonably possible and, where practicable, we will offer an alternative course or program (visa regulations permitting).
If any material and substantial change we make adversely affects you, you may withdraw from the course and terminate our agreement immediately by written notice and we will reimburse you for any remaining course fees for courses not yet started.
If you have a complaint relating to any academic or non-academic aspect of the course or program, please see our Students Complaints Policy.
- Image Release
15.1 Video/Audio Monitoring: Westside Music College may use video and audio monitoring in our facilities for health, safety and security reasons. If the Students has any queries in relation to the use of monitoring equipment in and around our facilities, contact Westside Music College administration.
15.2 Image Release Consent: Westside Music College Students may be filmed, recorded or photographed during classes and other events. By agreeing with these terms and conditions you hereby give Westside Music College the irrevocable right to use this information (“Your Image”) for the purposes of advertising, media publicity, publication, general display or for any other commercial purposes in whole or in part, including but not limited to publication on internet web sites, broadcasts and any other publications as released to or by Westside Music College (“publication”).
By agreeing to these terms and conditions you hereby waive any interest that you may have in the copyright to Your Image now or at any future time and acknowledge that you are not entitled, nor shall in the future be entitled, to receive any payment or consideration in respect of it and agree to make no claim against Westside Music College for any payments for the publication of Your Image.
You understand Westside Music College employs legal ramifications and strict measures to protect illegal and/or unauthorised use of Your Image however ultimately cannot control unauthorised use of Your Image by persons not associated with the college upon the publication of Your Image. You forever waive any right to inspect or approve any publication of Your Image by Westside Music College. You release and indemnify Westside Music College from any loss, damage, costs, expense, or claim (including consequential loss) connected with the publication of Your Image, including action for defamation, libellous material, breach of privacy, or copyright.
- Force Majeure
For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Westside Music College including without limitation strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery or equipment, fire, flood, storm or default of suppliers or subcontractors. Westside Music College shall not be liable hereunder as a result of any delay or failure to perform its obligations as a result of a Force Majeure Event. If the Force Majeure Event prevents Westside Music College from providing any of the Services and/or Goods for more than thirty (30) days, Westside Music College shall, without limiting its other rights or remedies, have the right to terminate this Agreement by written notice without liability or refund.
- Student Discounts & Equipment
Westside Music College offers Students discounts on certain hardware and software (and in some cases may offer free hardware and software) available from certain manufacturers to assist Students during their studies.
If a Students places an order through Westside Music College for discounted hardware or software, the Students has the right to cancel the order and receive a refund until the product(s) has been requisitioned by Westside Music College. Once the product has been requisitioned by Westside Music College the Students will not be entitled to a refund through Westside Music College for the order.
If a product ordered through Westside Music College is faulty (whether discounted or free), Westside Music College will help resolve the issue through the manufacture, however ultimate responsibility to resolve the issue remains with the (Students subject to the manufacturer’s warranty policy).
If a Students does not pick up their equipment within four weeks of arrival to the school, the product may be shipped back to the supplier.
- Special Needs
Please inform us of any special physical or medical requirements you may have before enrolling with as much notice as possible, in order for us to try to meet such requirements as far as practicable.
- Student Conduct
Please refer to Westside Music College Students Code of Conduct.
- Assumption Of Risk And Waiver Of Claims
The Students assumes all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near Westside Music College. In the event that the Students is injured while on Westside Music College property or during a Westside Music College-sponsored event, the Students will hold harmless Westside Music College and all of their owners, employees, contractors, agents, successors and assigns from all claims of any sort for damages or for relief, including but not limited to claims for contribution. The Students acknowledges there is possible danger associated with operating electronic and electric equipment and musical instruments (including the dangers of physical injury and death) and knowingly and voluntarily waive the Student’s rights to make a legal or equitable claim of any sort against Westside Music College and all of their owners, employees, contractors, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to the Students and the Student’s employees, parents, guardians, family members, guests, contractors, agents, owners, successors, assigns, successors, and heirs.
- Use Of Westside Music College Property
Each Students is responsible for ensuring that no Westside Music College equipment or property is damaged, lost or stolen as a direct or indirect result of their own action or failure to act appropriately. Each Students is also responsible for the actions and omissions of any guests they invite on to Westside Music College premises.
The Students is solely responsible for any damage caused to Westside Music College property if damage is caused by a willful act and/or negligence. Westside Music College is not responsible for any property that is damaged, lost or stolen while in or around the location of Westside Music College.
In the event that any Westside Music College property is damaged, lost or stolen as a direct or indirect result of negligent action or failure to act appropriately by any Students or guest, the Students agrees to pay all reasonable costs in full (including without limitation for replacement or reparation). For the avoidance of doubt, no Westside Music College property may be removed from the premises without the express prior consent of Westside Music College reception in each case.
- Access To Facilities
Every Westside Music College Students who is enrolled in a course or program shall be given access for sufficient practice time at Westside Music College, subject to availability.
Please note that at peak times some Students may be subject to a waiting list. Westside Music College facilities are open from 9:00am to 9:00pm during week days and 10:00am to 5:00pm on Saturdays. Westside Music College may not be open during public holidays. All Students must contact reception in advance to book practice time. In most cases, Westside Music College’s facilities are suitable for wheelchairs.
- Location of Training
Westside Music College training programs are delivered at Westside Music College 500 William Street, Highgate, Western Australia 6003 unless specifically stated otherwise (e.g. other Westside Music College studios, recording and mastering studios, visits offsite to places of interest, live sound venues, etc). Please refer to individual course details on the website at the time of booking and ensure you confirm again shortly before the start of your course. Students must ensure that they have confirmed the location of their course in advance. Online students will not allowed to access our physical facilities.
Westside Music College reserves the right to change the College Timetable and contents of the courses and programs to enhance the quality of instruction and ensure courses remain in line with industry needs or based upon the analysis of Students feedback and performance data. In this instance, the Students will be given notice as soon as possible. In the unlikely event that Westside Music College cannot provide a similar course, a refund may be provided for future modules/units which have yet to be studied. Westside Music College also reserves the right to change the order in which modules/units are delivered for scheduling or other purposes, however any such changes will not affect the progression of the Students between levels.
If a Students does not attend their class and has not notified the school, or the Students has outstanding termly fees, Westside Music College reserves the right to replace the student in the course or program.
- Admissions Process
Students with valid membership will be offered to participate in courses when courses become available. It is in Westside Music College’s best interest to make sure that every student gets a fair chance to participate in as many training programs as possible with their membership. Should a student be unable for any reason to attend any program, Westside Music College will do everything to help the student attend the program however will not be held accountable and it is the student who is responsible for ensuring that he or she is aware of the college timetable and when courses are available.
These Terms of Service constitute the entire agreement between you and Westside Music College and govern your use of the Service, superseding any prior agreements between you and Westside Music College with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by Australian laws without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Westside Music College agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Perth, Western Australia. The failure of Westside Music College to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Westside Music College, but Westside Music College may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Westside Music College be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
- Questions? Concerns? Suggestions?
Please contact us at 500 William Street, Highgate, Western Australia 6003 or email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.