Terms and conditions of use of this website
- Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age or have the permission of your parents or guardian to use this website.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and cookies policy. For European visitors please note we comply with GDPR Policy as detailed on our GDPR Rights page.
- Credit
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
- Copyright notice
3.1 Copyright (c) 2020 Karen Knowles Enterprises Pty Ltd.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) Use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer unless you have purchased a downloadable product or have specific permission from the website owner to do so. Downloadable products are for personal use only. No files, documents, images or videos can be repurposed without written permission.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) re-package or re-distribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
- Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age or if under 18 with a parent or guardian’s written permission.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
- User IDs and passwords
7.1 If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 Subject to the lawful delivery of our agreed services we may as necessary:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion. This may be necessary in the event of non-compliance with these Terms and Conditions.
8.2 You may cancel your account on our website using your account control panel on the website.
- Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content or actions: rules
10.1 You warrant and represent that your content and actions on this site will comply with these terms and conditions.
10.2 Your content and actions on this site must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your actions on this site, your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 Subject to all reasonable endeavors to deliver any paid services as agreed, we reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
12.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
- Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- Severability
16.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
19.1 A contract under these terms and conditions shall be governed by and construed in accordance with Australian law.
19.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the State of Victoria Australia.
- Statutory and regulatory disclosures
20.1 We are registered by the Australian Securities and Investment Commission (ASIC).
- Our details
21.1 This website is owned and operated by Karen Knowles Enterprises Pty Ltd.
21.2 We are registered in Australia under registration number ACN 005 950 096.
21.4 You can contact us by using our website contact form, by email to Karen@karenknowles.com.au.
Conditions of use – Tuned2You Program
By agreeing to register for the Tuned2You Program you agree to all Terms and Conditions of our site listed above in addition to the following terms:
Conditions of enrollment for Karen Knowles Vocal Coaching – ongoing bookings:
FEES:
For children fees are calculated and payable per term. For adults we can run classes throughout the year – if you wish to book in as an ongoing booking please specify your choice.
For ongoing students we can offer you an annual invoice which is payable annually either through two installment payments (2.5% discount) or as a lump sum yearly payment (a 5% discount applies). Once a student is confirmed as an ongoing student, tuition fees are payable one term in advance for all children’s classes so we have clarity regarding the teaching schedule (for the benefit of existing and new students).
For ongoing individual or small group students we request a written commitment for the year so we can hold your time slot for you.
Ongoing students will be requested to make a commitment in early October regarding tuition for the following year. The first installment is payable in October for commencement in the following year. The remainder of tuition fees will be payable in May of the year of tuition.
REFUND POLICY
All fees are non refundable except where: (i) a class is cancelled by the Karen Knowles Singing School in circumstances where an alternate teacher or alternate class is not offered by the School within a reasonable time frame; (ii) a student withdraws from tuition due to illness or injury that prevents the student from completing the course; or (iii) exceptional circumstances prevent the student from completing the course (eg: unplanned move interstate or internationally, prescribed care taking of family member (father, mother, spouse/partner, child) due to illness or injury). In these cases all fees are refundable except a $120 administration fee. A credit (minus the administration fee) can be held on file for future classes.
Payments for enrollments will not be refunded due to a change of mind.
All group classes require a minimum number of enrollments in order to run. Should a course not be able to commence due to insufficient numbers or teacher unavailability you will be advised as soon as possible and if an alternate teacher or alternate class cannot be provided within a reasonable time frame all fees will be refunded.
Changes of teacher or class time
Changes of class times, venue or teacher:
Class times and teachers are subject to change (eg: teachers’ illness/availability and/or venue availability). All reasonable care will be taken to give sufficient notice to students in such circumstances.
MAKE UP CLASS AND MISSED CLASSES POLICY
Students will forfeit classes they are unable to attend unless students are able to inform the School at least 48 hours before the class of their intended absence. In this circumstance, subject to teacher and time availability, an arrangement for a make-up class may be organized but cannot be guaranteed. All last minute class cancellations will have to be forfeited due to venue fees and payment for teacher’s time.
A maximum of two make-up classes are permitted per term for Individual lessons only. Please note make-up classes for individual classes must be completed within the term that they relate to. Times for make-up classes are to be agreed with the student and teacher directly and are to be made up within the same term. Arrangements can be made for long-term illnesses or lengthy vacations exceeding 3 weeks. Make-up classes are not applicable for group classes (such as small group classes) as the class will still run in the students absence with teacher and venue costs still incurred.
Confirmation of place
A student’s place will be confirmed once full payment has been received.
In order to be assured of a place please arrange confirmation of your booking to be received three weeks in advance of classes or workshops commencing.
Existing term class students are invited to re-enrol for their existing place during the previous term. In order to have their existing place confirmed for the following term,
Confirmation of their place must be received at the office halfway through the preceding term in order to confirm the space. This also ensures the smooth running of the school’s timetables.
For new individual and small group class students we will liaise with you regarding the confirmed time within 7 to 10 days once full payment has been received.
Privacy
WE VALUE YOUR PRIVACY
The Karen Knowles Singing School acknowledges and respects the privacy of individuals. We advise that much of the information that you may have provided to, or may be asked to provide, to the Karen Knowles Singing School is ‘personal information’. As a general rule, personal information is not released by the Karen Knowles Singing School to other organisations, except in response to legal requirements such as a subpoena, and information regarding an individual will not be disclosed to a third party without the individual’s consent, except where the third party is a teacher, engaged as one of our administration contractors or directly acting as our agent.
WHY DO WE COLLECT YOUR INFORMATION
This information is collected for the purposes of processing your enrolment or inquiry for singing lessons at the Karen Knowles Singing School. Information that we collect will be used for keeping you informed of upcoming classes or events, improving the student experience and assisting us in improving and marketing our services to you.
HOW DO WE COLLECT YOUR INFORMATION
Information the Karen Knowles Singing School collects is used only for the purpose stipulated at the time that the information is collected. The Karen Knowles Singing School is required by law not to reveal, disclose, sell, distribute, rent, licence, share or pass on to any third parties, any personal information that you may have provided to us unless we have your express consent to do so.
Exceptions to this include:
- Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health; and;
- Where the Karen Knowles Singing School is required to provide information in response to Subpoenas or Warrants or other legal process.
Thank you sincerely for your co-operation.
We look forward to welcoming you to the School.