https://weemakemusic.com.au/is made available by Wee Make Music ABN 70 094 894 145 of Hawthorne, Queensland, together with our social media pages at:
Facebook – https://www.facebook.com/weemakemusic/
Instagram – http://www.youtube.com/user/weemakemusic1
Youtube – https://www.instagram.com/wee_make_music/
Collectively referred to in these terms and conditions as ‘our website’.
When we talk about ‘we’, ‘us’, ‘ours’, or ‘Wee Make Music’, we mean Wee Make Music ABN 70 094 894 145, including our officers, employees, successors and assigns. Any reference to ‘you’ or ‘yours’ means you as a user of our website.
By using this website, you are agreeing to be automatically bound by these terms and conditions, including our privacy policy [insert link] and disclaimer [insert link]. We encourage you to carefully read and understand these terms before using the website or any of our services. If you don’t agree, your remedy is to stop using our website.
We may update our terms from time to time and the new provisions will apply from the date they are updated.
Feedback, comments or complaints
If you have any questions, please contact [email protected], or use the contact details on our website and we will usually respond to all enquiries within two business days.
Use of our website
All contents and materials on our website are age-appropriate and suitable for children.
The website is designed for use by parents and legal guardians. To access our services (for example, to book a class or purchase class material), you will need to complete our online forms for your child.
If any consent is needed, you as your child’s parent or legal guardian need to consent on their behalf.
Classes
Face to face classes are offered at the times and locations identified on our website, see https://weemakemusic.com.au/schedule/. You can complete a registration form to book for a class through our website.
We also offer pre-recorded classes on our website for you to purchase. The number of pre-recorded classes you will have access to will depend on the course you purchase. Different courses have different semesters. Videos will be uploaded every week until the semester finishes.
When you purchase pre-recorded classes, you will be prompted to complete registration details including creating a username and password (‘login details’). Your login details provide you access to all the pre-recorded classes you have purchased and will remain valid for 10 weeks. During this period, you will have continuous access to those classes and your access will automatically expire at the end of this period.
When completing your details, you agree:
> to provide true, correct and complete information and to keep this information up-to-date
> to keep your login details secure and not share that information with any other person
Based on IP tracking, if we form the reasonable belief that you are allowing others to use your login details, we reserve the right to end your access without notice to you. If this happens, you will no longer be able to access your purchased classes, you will not receive a refund of any amounts paid and we may not allow you to register for new login details.
Digital materials purchased through the website will be emailed to you.
Payment terms and refund policy
You can book and purchase our services and materials through our website. Payment is accepted via Paypal, direct deposit to our bank account, or by cash payment before attending a class at one of our studios.
Invoices are emailed and payment is required prior to the first class in the enrolled term block or part thereof. An admin fee of $25 can be allocated where late payments require follow up or changes to term enrolment. We will refund your tuition fees only if you cancel 7 days before the start of the semester. Core class materials (digital music or baby instrument kit) is included and a compulsory part of the enrolment as stated on Our Fees page on this site. Class materials are provided at first class of term block.
On purchase of our pre-recorded online classes or core class materials, we will only refund you the purchase price if there is a major problem with it (for example, if the digital files are damaged and cannot be played). You will not be entitled to refund if you simply change your mind.
Posts to our website and social media
If you provide consent for us to use images or recordings of you or your child, you consent to us posting these images and recordings to our website and the social media accounts linked to our business. Your consent may be provided when you complete our registration form [link].
You acknowledge that once the footage is posted on the internet, we cannot control comments about or use of the footage by others, and we cannot retrieve all copies of the footage if it is shared or downloaded.
Your content on our social media
You warrant that you hold the necessary rights and interests to use any material you add to our social media pages (your content) and that all of your content does not infringe any third party rights, including copyright, trade mark rights and privacy.
You understand that once you post content on social media, that information becomes public.
By submitting your content to our social media pages, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for our business purposes including marketing or providing services to you, now or in the future, and on the same or a different platform. We will not use your content for any other purpose. You indemnify us against any claims made for breach of third party rights in respect of your content.
At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.
Copyright, Trademarks and other Intellectual Property
Wee Make Music owns the intellectual property rights in the contents of this website and any material we offer via the website, or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content or materials in whole or in part except as expressly authorised by us.
The name of our business, our services, materials and class designs are owned by us, whether registered or not. Our trade marks belong to us. Please consider our rights and contact us if you are uncertain about whether you have permission to use our business name, services, materials and class designs.
The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
Permission
You may access, view, download, or print class materials that you have purchased from our website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content, material, or our intellectual property.
Third party intellectual property rights
If you believe that there is material on our website that infringes third party intellectual property rights, please contact [email protected] sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Accessing our website
Although we aim for continuous accessibility to our website, this can be dependent upon third party services. As a result, the website may be inaccessible from time to time. Our website is provided to you on an ‘as available’ basis. We may need to restrict access to our website, for example, during website maintenance or because of suspected misuse. If, for any reason, our website is unavailable, we are not liable to you for any loss or damage incurred.
No unlawful or prohibited use
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You must not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.
You expressly agree not to:
> access, view, copy, download, broadcast or communicate information unless specifically authorised by us to do so;
> engage in any unlawful or immoral acts, or acts which are in violation of our terms and conditions;
> decompile, reverse engineer, or try to copy or imitate this website or underlying content;
> use our website in a manner that could cause harm to our business or our business reputation.
Security
We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, any contents or materials, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Links disclaimer
Our website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a reference, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
General disclaimer
We aim for our website content to be accurate and up to date but do not accept any responsibility for errors or omissions, this includes where a price has been advertised in error. We may amend our website content at any time without notice.
Subject to any other clause in this agreement, to the maximum extent permitted by applicable law, anything contained on our website is provided ‘as is’ without warranty or condition of any kind.
Health and safety disclaimer
We make all reasonable endeavours to ensure the safety of you and your child during classes at our studios. We do not guarantee the safety of any activities undertaken outside our studios.
You should be mindful of the excitable nature of children in your child’s age group and the possibility that children may accidently run into each other, or hit each other with instruments, fall over while dancing and other similar or likely behaviour during a class, which could cause themselves or other children injury.
If your child watches our pre-recorded classes, it is your sole responsibility to ensure that your child undertakes the activities in a safe environment and in a safe manner. We recommend that you:
> remove all sharp objects from the room including being mindful of table corners,
> ensure there is enough space to carry out the activities,
> never leave your child alone in the room.
We will not be liable for any loss, damage or injury of any kind sustained by you or your child whilst participating in our class or any activities associated with our classes.
You release us from any and all liability for any loss, damage or injury suffered by you or your child as a result of participating in our class or any activities associated with our classes.
Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
> any loss, damage or injury of any kind sustained by you or your child whilst participating in our classes or any activities inside or outside our studios,
> any content you post via our social media,
> your unauthorised use of our website or social media, or services or class materials included or advertised on our website, or
> your breach of these terms and conditions.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our website in any way, subject to the requirements of Australian Consumer Law.
Where warranties cannot be excluded under the Australian Consumer Law (ACL), you are entitled:
> to cancel our services;
> to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage; and
> to have the materials repaired if the materials are not of acceptable quality and the failure does not amount to a major failure.
In all other circumstances, to the fullest extent permitted by law, and without limiting the application of the ACL, you agree the total aggregate liability to us for any claim(s) by you in respect of any service or material we provide to you, together with any other claim arising out of this agreement, is limited to the total amount paid by you to us for that service or material. This limitation of liability shall survive any termination or expiration of this agreement or your use of this website or the services or materials found on this website.
Applicable law
This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in this State in all disputes arising out of or relating to the use of our website.
You may provide notice to us through the contact us page or otherwise by email sent to [email protected] may provide notice to you via email or other electronic means.
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.
Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and conditions or your use of our website.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.
Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
These terms and conditions together with our privacy policy and disclaimer form the entire agreement between you and us in respect of your use of our website.