Standard Terms for the Purchase of Online Music Room classes

These terms and conditions apply to Services provided by The Music Bus Australia Pty Ltd (company number 99 133 930 006) (“The Music Bus Australia Pty Ltd” or “we” or “us”) via it’s The Music Room online platform.

You may contact us on contactus@themusicbus.com.au.

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course.

If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:

Course Specific Terms and Conditions;
These Standard Terms for the Purchase of Online Courses
Website Disclaimer.

For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by The Music Bus Australia Pty Ltd to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to The Music Bus Australia Pty Ltd for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.

“Website” means www.themusicroom.com.au and www.themusicbus.com,au

“you” means the individual purchasing the Services.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.

3.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. The Music Bus Australia Pty Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.

3.3. Following receipt by us of your order for Services via the Website we will email you confirming receipt of your order.

3.4. A legally binding agreement between us and you shall come into existence when we have:

(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and

(b) received payment of the relevant Fees from you in accordance with clause 5 below.

3.5 Packages purchased have start and finish dates. It is the puchaser’s (you) responsibility to select and attend classes within that date range.

3.6 Students who have pre-paid funds for term 2, 2020 have been assigned a package for The Music Room lessons. A profile will already have been set up enabling them to access the package and to select class times/dates as part of that package. It is the responsibility of the purchaser (you) to select your own class times.

3.7 Where a student is unders 18 years of age, the purchaser consents to the child accessing the online classes, learning platforms and forums. The purchaser shall be responsible for managing the provision of all elements of the Services on behalf of the child or children they are responsible for. The parent agrees to maintain supervision over the child’s online activities.

4. Cancellation, Variation and Refunds

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above, then you are permitted within 7 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services subject to 4.2 below.

4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or the Online Course has already commenced then you shall have no right to cancel your order.

4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of The Music Bus Australia Pty Ltd.

4.4 Should the Music Bus Australia not be able to provide the class that you have booked via The Music Room platform we will re-book you into a new class time and advise you of that time by email. Such advice shall include the day, time, class code and teacher’s name.

4.5 Should you not be able to attend your booked class (for any reason), it is the responsibility of you (“the purchaser”) to re-book into a different class. This will be subject to availability. Should a different class time not be available that class will be forfeited and no monies refunded.

4.6 Should face to face lessons provided to The Music Bus students that had been suspended prior to the Force Majeure event caused by the COVID19 pandemic resume, then The Music Bus students will be offered the opportunity to resume those lessons applying any remaining lessons from The Music Room package to their face to face lessons.

5. Expectations regarding participant requirements and behaviour

Students participating in The Music Room classes will be expected:

to have access to an electronic device
to have access to the internet
to be able to operate their device
to be able to click the provided link to access the class
to be able to mute and unmute their microphone as requested
to be set up in a suitable location to enable learning being mindful of background noise and backdrop
to be fully clothed
to behave in a socially acceptable manner
to not disrupt the instructor or other students

Behaviour that is not acceptable on either live classes or on the online forums may result in termination as per clause 9 is shall include, but is not limited to:

Bullying behaviour towards the instructor or other students
Disrespectful behaviour towards the instructor or other students
Sharing of other people’s posts/content on the forum to any other platform, forum or media
Sharing of false or misleading information about The Music Bus Australia, The Music room online learning platform or any other participant.

6. Fees

6.1. The Fees for the Services shall be as set out on the Website

6.2. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.

6.3. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and The Music Bus Australia Pty Ltd shall not be responsible for these.

6.4. You shall be responsible for all costs you incur in connection to your access onto any Online Course.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of The Music Bus Australia Pty Ltd or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of The Music Bus Australia Pty Ltd on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.

7.4 You must not transmit, provide or disclose your confidential login credentials or class code/link to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it in any format.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you or the student;

fail to pay when your fees are due;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of The Music Bus Australia Pty Ltd, any teacher or any student who attends any online Course;
Are in breach of any of the terms of Clause 5
are in breach of any other terms and conditions.

9.2. On termination clause 7 (intellectual property rights) and 8 (confidentiality) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, internet disruptions or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

14.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of The Music Bus Australia Pty Ltd,

14.4. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

14.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.7. The Music Bus Australia Pty Ltd endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.8. If you wish to change or update the data we hold about you, please email contactus@themusicbus.com.au

15. Security

The Music Room site is protected by 128-bit Secure Sockets Layer technology. This is indicated by the padlock symbol on your browser and means that all data sent between your browser and the server is encrypted, including your log in, profile and credit card details.

Credit card transactions are processed immediately using a secure payment gateway to the banking system, so we do not store your credit card details and provide you with instant feedback on the status of a transaction.

16. Governing law

NSW Law

17. Notices

You can contact us by email at contactus@themusicbus.com.au