Site and Service Terms

Background details

About these Terms

This document explains our terms for accessing our Site and buying Services from us (Terms).

The Flute Academy, we, & our means The Flute Academy ABN 21 710 443 494.

Student or You refers to the person who visits our Site and / or buys our Services.

What we do

The Flute Academy offers specialist music training services to help improve and develop music skills. We offer various services including video training, skills development workshops and courses, sheet music, tailored training and feedback and other related products and services (Services).

Our agreement with you

This agreement is between The Flute Academy and the Student. Our agreement with you is set out in:

the Academy Guidelines on our Site,
these Terms, and
our Privacy Policy and policies we let you know of.

Together, these make up our agreement with you (Agreement).

If there is conflict between the parts of this Agreement, the document listed higher in the above list takes priority to the extent of any inconsistency.

When do these Terms apply?

Please read these Terms when you visit our Site or buy our Services.

When you click to ‘accept’ or ‘buy’ our Services, or you access our Site, you accept and agree to these Terms, as updated from time to time, and they apply to our relationship with you.

If you do not agree to these Terms or other relevant terms and conditions, such as quote terms, Service specific terms and our Privacy Policy, then you cannot visit or make use of our Site or buy our Services.

Applying to join the Academy

Application process

You must meet our eligibility requirements to join the Academy

We reserve the right to refuse access to our Academy or Services.

You must not sell or share your log in details

If you are accepted into the Academy, we may give you log in details to access various Content we offer. If we give you a password and an account to access our Site and Content, you must:

Protect your password and not share it with others; and
Notify us and reset your password if you think your password has been disclosed or compromised.

You are responsible for any action taken using your password.

Academy inclusions

What’s included with The Flute Academy Services?

We set out the Academy membership inclusions on our Site.

We provide the Services outlined in the Academy Guidelines on our Site or otherwise agreed with you in writing.

The different Services included with Academy membership may change from time to time based on various factors, including feedback from Students, stock availability from Suppliers, and our current business strategy.

We can add and change Academy inclusions from time to time by giving notice via our Site.

Student tiers and inclusions

We may introduce new Services or add bonuses to different types of Students and make various offers available for discounted Services. We'll set the details out on our Site or in the Academy Guidelines.

Some services and Content are only available to certain Students.

For example, only Star Students are eligible to participate in some events and offers.

Payments

Paying for Services

Paying for Services – Academy Membership

You must pay the Fees for Services you buy from us. We may offer options for membership in Academy.

Monthly: If you choose to pay monthly, you pay via automatic direct debit each month in advance.
Annually: If you choose to pay annually, you agree to a 12-month minimum commitment and pay via automatic direct debit every 12 months in advance.

Your Membership automatically renews

At the end of your membership period (monthly or annually), your membership automatically renews for the same period using the same payment method.

Changing our Fees

We might increase our Fees from time to time. If we increase our Fees, we'll give you at least 30 days' notice.

If you cause us loss, you’ll need to pay us

To the extent allowed by law, you must pay us for costs we incur that are caused or contributed to by your breach of these Terms or a Policy (including the Academy Guidelines) or your use or misuse of our Services, Site, or Content.

Cancelling your Academy membership

If you want to end your membership, please let us know at least 7 days before it's due to renew.

If you cancel your membership:

You can access the Academy until the end of your current Member period (e.g. the rest of that month for a monthly member, or the rest of the year for an annual member).
You lose any Student badge level you previously earned.

For example, if you are eligible for the Star Student badge, and you then cancel your Academy membership, if you want to re-enter the Academy, you will need to begin at the starting badge level.

Refunds

If you have any concerns, please let us know so we can help resolve the issue.

Once you buy a Service from us, you aren't generally entitled to a refund unless we fail to supply the Services in line with our agreement with you. If a refund is required by law, we’ll provide that refund.

We may decide to refund part of the Fees you've paid in some instances, less the costs for Services already delivered and our reasonable administrative costs.

If we promote Services with a guarantee, we’ll stick to the terms in that guarantee. See Jane’s Guarantee for details.

Information you share with us

Your privacy and the information you give us

Information you give us is handled in line with our Privacy Policy (available from our Site) which outlines how we manage your information.

By accessing our Site, you consent to our collection and use of your information in line with our Privacy Policy.

Testimonials and content you give to us

If you post information publicly, such as commenting on a public post, we may capture and re-use your content and attribute that information to you.

For example, a positive review you give us on Google or a compliment in a YouTube comment.

If you send content to us privately, such as a direct message or an email, you give us permission to use your content anonymously on our Site.

For example, an email thanking us for helping you.

We won’t attribute that content to you by name on our Site without your express permission.

For example, submitting a testimonial via an online form where you consent to us using your testimonial to promote our Services.

If you give us permission to attribute feedback to you by name and you later change your mind, let us know and we can remove that attribution.

Personal information and other content you post to us via public channels may not be 100% secure, even where unlinked videos or other methods are used to restrict access. Please be careful when providing content. We are not responsible for any unauthorised access to content you upload to third party applications, such as YouTube.

You give us broad permission to use images of you when you attend our events

If you come to our events (online or face to face, free or paid), we might take images or recordings of the event. This might include recordings of you.

By attending events, you grant us a non-revocable, royalty-free, global license to take images of you and distribute license and otherwise use that content in all media types for all time for promotional and other purposes.

Key confidentiality obligations

Both you and we acknowledge and agree Confidential Information is commercially sensitive and valuable and unauthorised disclosure or use of the other’s Confidential Information could give rise to considerable damage.

Both you and we must keep the other party’s Confidential Information confidential and must not disclose it or make it available any third party without written consent and must protect Confidential Information from unauthorised access or use.

Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of supplying or marketing our Services).

Neither of us can use the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.

Using our Site and Contents

Accessing our Site

We take reasonable care but cannot guarantee Site security

We take reasonable care to maintain the security of our Site to protect your personal information and our Site’s functionality.

We can’t guarantee the security of our Site, our records, or your personal information.

Our Site may be inaccessible from time to time when we perform updates or maintenance.

Not for competitors

You must not use our Site, Services, or Content in any way that competes with our business.

Children will need parent or guardian permission

Music is great for children of all ages but we do not specifically market to children under the age of 13 years old.

We may ask for parent or guardian permission for children (people under the age of 18) to confirm purchases.

Affiliates, advertising, and you

We promote products and services on our Site from time to time

We may occasionally promote products and services of other companies, including the Amazon Services LLC Associates Program, an affiliate advertising program. This means when you click some links on our Site, make a purchase based on an advert on our Site, or use a promotional code we give you, we might receive a commission. We also use affiliates and third-party providers, including Facebook and Google Ads, to advertise our Services to a wider audience.

Content

Academy members: Access to our Content

As part of the Services we supply you, or when you access a Site, we may include Content.

We don’t always guarantee a specific type of Content will be available for any particular length of time.

Some Content is only available on a limited or single-use basis or whilst your Site membership is active.

Alumni: Access to content

If we previously supplied content to you with a Lifetime Access promise, we will give you at least 30 days’ notice if we remove access to that Content.

Your obligations when using Content

Unless we give you permission in writing, you must not:

modify, copy, reverse engineer, or create derivative works of our Content;
assign or transfer your account or access to Services or Content to anyone else;
sell, publish, claim ownership, or sub-licence Content; or
cause or allow anyone else to do anything similar to the above actions.

If you do any of the above, you are in material breach of these Terms and our agreement with you.

In addition to being annoyed with you, we may take action to protect our rights without further notice to you.

If you have questions or wish to ask permission to use our Content, please contact us.

Ownership of Intellectual Property (IP)

We own all Intellectual Property (IP) rights in our Content or have permission to use content if we don’t own the IP rights.

We grant you a limited license to use our IP in our Content to the extent required for you to access the Site or make use of a Service you buy from us.

Unless we agree otherwise with you in writing, the limited license we grant you to our Content is single-use, revocable, non-exclusive, non-transferable, for your own personal use, and only for the purposes set out in our Agreement with you.

Expectations

About Jane’s Guarantee

Our Services can teach you powerful fundamental skills for genuine progress on the flute. We are so confident in our Services, some of our Services come with Jane’s Guarantee.

Jane’s Guarantee

You will feel (and hear!) you're on the right path within a few days after fully engaging with our Services.

If you don't, let us know within 2 weeks of buying a Service by sending us the details as set out in the Let us know if you have an issue section, and we will gladly refund your purchase price.

Results from buying Services from us or accessing and acting on Content

Your results depend on the effort you put in

Results from our Services depend on your own physical attributes, amount of practice, dedication, previous training, level of effort, commitment, current circumstances, and other factors (Success Factors).

Individual results may vary

Each person who accesses our Services may experience different results due to their own Success Factors as well as various other factors such as their background knowledge and earlier experiences.

Testimonials, reviews, and endorsements from current or past students advertised or made available on our Site are illustrative examples of potential outcomes only.

Academy Guidelines and student behaviour

We expect all Students to act in line with our Academy Guidelines, which set out the Academy membership requirements and inclusions, as updated from time to time. The Flute Academy is not responsible for any disputes among Students.

We use reasonable care and skill

We use reasonable care and skill to deliver Services and the Site to you, however you agree that:

We cannot and do not promise our Services or a Site will be continuously available or fault free;
If things outside our reasonable control impact on our ability to supply Services, you agree we are not responsible for impacts on you as a result; and

Our Services, Site, and Content are all provided on an ‘as is’ basis, and you are responsible for your use of them.

Paying for losses and limiting liability

In some situations, you must pay us if you cause us loss

To the extent allowed by law, you must pay us for any costs we incur that are caused or contributed to by:

inaccurate, misleading, or incomplete information you give us;
your breach of any applicable laws or regulations;
your failure to comply with the Terms; or
your use or misuse of a Service, Site, or Content.

Limiting our liability to you

Nothing in these Terms restricts consumer laws that apply to you.

To the extent allowed by law, we exclude all liability for claims by you or a third party for any loss, including loss of data or loss of business profits or revenue.

Unless we directly cause you loss with our negligence or wilful misconduct, we are not responsible for any loss caused by your use of our Site or a Service (or any inability to use a Service or Site).

Where we can’t exclude our liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of re-supplying the relevant Services to you.

Competition Conditions

About Competitions

From time to time, we run promotional competitions for our Students and others to participate in.

The competition details for each competition are on our Site and form part of the competition conditions.

Entering Competitions

By entering a Competition:

You accept these Competition conditions; and
You consent to us using your name, image, and entry if you are selected as the winner to promote the Competition (including the outcome) and promoting our Services; and
You accept full responsibility for the decision to participate in the Competition.

Competition details

The details for our Competitions are set out in the relevant competition section of our Site.

Details will include the competition period, the prize(s) on offer as well as any entry methods or requirements and eligibility criteria you must meet.

Our employees (and their immediate families) are ineligible to enter the Competition.

Game of skill: Use your creativity

Competitions we run are games of skill, and chance plays no part in selecting winners. All valid entries received during the Competition Period are judged by how interesting and creative they are. Our decision on winners is final.

Announcing winners

Winners are generally announced by email.

By submitting an entry, you agree that if you are selected to win a prize, we can use your personal information to announce you as a winner.

If we find a winning entry hasn’t met the conditions of entry, the entry is discarded and a new winner is decided.

We may disqualify entries from or prevent future participation in by any person who tampers with the entry process or breaches these conditions or is otherwise inappropriate.

Prizes are not transferable, changeable or exchangeable and cannot be redeemed for cash.

If a Prize is unavailable for any reason, we can substitute another item of equal value.

We reserve our rights

We’re not liable for any loss or delay in transit of, or damage to prizes.

We reserve the right to modify, suspend, terminate or cancel the Competition as appropriate.

Resolving issues

Your consumer rights

Consumers have specific rights when they buy our Services (see accc.gov.au), and these Terms do not replace legal rights consumers have under law.

Let us know if you have an issue

If you have an issue with our Services or Site, you’ll need to work with us so we can help resolve that issue.

Your name and email address;
Details of the issue (e.g. about the issue, when it started, what you tried to resolve it so far, etc);
How we can help you resolve the issue; and
Relevant information (such as screenshots of the issue or copies of relevant documents).

We confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days. If you and we can’t resolve your issue in that timeframe, we will be in touch to set out some proposed next steps.

Resolving disputes

If a dispute arises under these Terms, we both agree to act reasonably to resolve issues, and agree we won’t make disparaging comments on social media or in public forums.

Termination and suspension

When can we suspend or end a Service or this agreement?

We may immediately suspend or terminate a Service, your access to Content, and / or our agreement with you if:

You do not pay us undisputed Fees when they are due; or
You are in breach of the Terms and either you cannot fix that breach, or you do not fix the breach after we give you a reasonable time to fix the breach; or
We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour has damaged or is likely to damage our reputation.

Actions after termination or suspension

If we end or suspend our agreement with you because of your behaviour or breach of the Terms you are generally not entitled to a refund.

We may decide to refund a part of the Fees you have paid, less any reasonable costs we’ve incurred for Services we’ve supplied or Content we’ve given you access to and / or administrative costs.

Unless our agreement with you provides you ongoing access or use, when our agreement with you ends, you are no longer allowed to use our Content.

General details

Changes

Changing these Terms

We may change our Terms from time to time. When we update these Terms, they take effect on and from the date we put the updated Terms on our Site. You should re-read these Terms before each use or purchase.

Transferring this agreement and using subcontractors

We may assign, subcontract, or transfer some or all our rights or obligations under this agreement without notice to you.

You cannot assign, subcontract, or transfer your rights or obligations under this agreement.

Whilst we might subcontract our obligations under this agreement, we are still responsible for our employees and subcontractors.

Survival

The rights and obligations under the following sections of these Terms remain in force after these Terms expire or end: Key confidentiality obligations, Ownership of Intellectual Property, Your obligations when using Content, Paying for losses and limiting liability, Actions after termination or suspension, Survival.

Other general details

Invalid parts severed: If a court of law decides one or more parts of our agreement with you is invalid or unenforceable, only those parts are severed from the agreement and other parts remain in full force and effect.

No waiver: Delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.

Force Majeure: Neither party is liable for performance delays or for non-performance due to causes beyond its reasonable control, except for the obligation to pay money.

Notices: Notices must be sent to the contact details set out in our agreement with you or as notified on our Site.

Governing law: These Terms and our relationship with you are both governed by the laws in force in the State of New South Wales, Australia, and the parties agree to submit to that jurisdiction.

Dictionary: Definitions of words used in these Terms

Capitalised words in these Terms have the following meanings:

Academy Guidelines means the information on our Site which sets out details about Academy membership and expectations, applicable Fees, concert etiquette, and various such as the type of Services you buy, access and type of Lessons and Content included, as updated from time to time.

Confidential Information includes all material, Intellectual Property, non-public, business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation relating to a party’s business but excludes information that, without the breach of this agreement:

is already known to the receiving party,
is or becomes publicly known.

Content means all resources and tools we create or use to supply you a Service, which might include one or more of the following: access to educational videos, verbal or written information, audio, lessons, digital products, classes, workshops, training plans, feedback, Site content, digital products and / or webinars. The Flute Academy always retains ownership of all Content.

Competition means the regular games of skill we run within the Academy, as detailed in the Competition section of our Site.

Fees means the charges paid to us for the Services we provide, as set out on our Site or as otherwise agreed with you.

Intellectual Property or IP means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. Content forms part of The Flute Academy’s Intellectual Property.

Lesson means a set training lesson either pre-recorded or delivered live. The number and type of Lessons is set out in the Academy Guidelines.

Services means the various products and services offered by The Flute Academy from time to time, including video training, skills development workshops and courses, sheet music, tailored training and feedback and other related products and services.

Site means Includes our website flute.school our YouTube Channel, online platforms such as Kajabi, and includes our mobile apps & presence on third-party applications as well as social media platforms.

Site and Service Terms or Terms means this document, which are the terms and conditions for accessing and using our Site and for the Services we sell.

If you have any questions or notices about these Terms or our other policies, please contact us, we are happy to help!

[email protected]

Last updated: September 2021