Site Terms and Conditions of Use
Welcome to www.onlinevirtuoso.com (Site), a subscription based service providing classical music education resources (Services). Certain Services on this Site are not included in the Subscription Fees, such as our student video review Services (Pay Per Use Service). Pay Per Use Services incur an additional fee at the time of request (Pay Per Use Fee)
Online Virtuoso –
Site Terms and Conditions of Use
Last updated: 5 June 2018
Welcome to www.onlinevirtuoso.com (Site), a subscription based service providing classical music education resources (Services).
1 About the Site
1.1 The Site is operated by Online Virtuoso PTY. LTD., ABN 51 608 870 542 (Online Virtuoso). Access to and use of the Site, or any of its associated Products or Services, is provided by Online Virtuoso. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Site, you indicate that you have read, understood and agree to be bound by the Terms.
1.2 If you do not agree with the Terms, you must stop using the Site and any Services immediately.
1.3 Online Virtuoso reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Online Virtuoso updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2 Acceptance of the Terms
You accept the Terms by remaining on the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Online Virtuoso in the user interface.
3 Subscription to use the Services
3.1 These terms must be read subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-excludable Condition).
3.2 To access the Services, you must first purchase a Subscription through the Site and pay the applicable Subscription Fee.
3.3 Subscriptions are available for purchase monthly. Unused parts of a Subscription are not refundable.
3.4 Subscriptions are non-refundable and non-transferrable.
3.5 Once you have purchased the Subscription, you will be required to register for an Account through the Site before you can access the Services.
3.6 Once you have completed the registration process, you will be a registered as member of the Site (Member) and agree to be bound by the Terms. As a Member you will be granted access to the Services from the time your first payment has been processed until the subscription period expires (Subscription Period).
3.7 As part of the registration process for use of the Services, you will be required to provide personal information about yourself, which may include:
i. Full legal name;
ii. Contact details;
iv. Instruments played; and
v. Musical education and experience.
3.8 You warrant that any information you give to Online Virtuoso when completing the registration process is accurate and up to date. If your information changes, you agree to inform us within 7 days by emailing email@example.com or updating your subscription details online.
3.9 If you are under 18 years old, we may require you to supply contact details and consent from your parent or guardian before you can become a Member.
4 Fees and payment
4.1 All prices are in Australian Dollars (AUD) and are inclusive of GST.
4.2 Before making any payments, you warrant that you have read, understood and agree to be bound by the terms and conditions of any third party payment platform before use.
4.3 Online Virtuoso is not responsible or liable for the actions of any third party payment platform.
4.4 If a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
4.5 Online Virtuoso may vary the Subscription Fee from time to time. We will send you notice of any variation using your registered contact details. Any variation in Subscription Fee will not come into effect until the conclusion of the existing Subscription Period.
Pay Per Use Fees
4.6 The Pay Per Use Fees for each Pay Per Use Service are detailed on the Site and are payable at the time you request those Services.
4.6 Pay Per Use Fees for Pay Per Use Services are in addition to Subscription Fees.
5 Free trials
5.1 Your subscription may start with a 7 day free trial. You may terminate your subscription at any time during this free trial. Free trials are intended for new subscribers and, under certain circumstances, former subscribers. Online Virtuoso reserves the right, in its absolute discretion, to determine your free trial eligibility.
5.2 We will begin billing your credit card for your monthly subscription at the end of the 7 day free trial period, and your subscription will automatically renew monthly unless you cancel prior to the end of the 7 free trial period. You can cancel your subscription once logged-in at the “My Subscription” page or by emailing us at firstname.lastname@example.org
6 Our obligations
6.1 We are responsible for:
i. the Services being provided with acceptable care and skill or technical knowledge;
ii. the Services being fit for the purpose or giving the results that you and we agreed to;
iii. the Services being delivered within a reasonable time when there is no agreed end date; and
iv. taking all necessary steps to avoid loss and damage.
6.2 You have rights under consumer protection laws relating to the Services we provide to you that we cannot exclude or limit (Consumer Law Liability).
6.3 Except for Consumer Law Liability, we will not cover you for any direct or indirect loss or damage, loss of profits or loss of opportunity.
6.4 Without limiting our Consumer Law Liability, our total liability to you under the Agreement is capped at the Subscription Fee.
6.5 We are not responsible for:
i. statements made by third parties, including content providers;
ii. any third party fees you incur to access the Services, such as for Internet access or Mobile Data;
iii. ensuring that the Services are available on your carrier or device, though we will strive to make the Services as widely accessible as possible and welcome feedback and suggestions.
Online Virtuoso’s Services provide general, not individual, guidance on classical music practice. The Services are intended to supplement, not replace, in person music teaching. Online Virtuoso makes no claims about improvements to your individual music practice from using the Services.
8 Your obligations
8.1 As a Member, you agree that:
i. you will only use the Site and the Services as permitted by the Terms;
ii. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
iii. you will immediately notify Online Virtuoso of any unauthorised use of your password or email address or any breach of security of which you become aware;
iv. commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of the Services. Appropriate legal action will be taken by Online Virtuoso for any illegal or unauthorised use of the Site; and
v. any automated use of the Site or its Services is prohibited.
8.1 You are expressly prohibited from:
i. in any way tampering with, hinder or modify the Site and the Services;
ii. knowingly transmitting any viruses or other disabling features to or via the Site and the Services;
iii. using or including the Site and the Services in any service bureau or fee generating service offered to third parties;
iv. intentionally disabling or circumventing any protection or disabling mechanism of the Site and the Services;
v. installing or storing any software applications, code or scripts on or through the Site and the Services other than via the user interface provided by Online Virtuoso;
vi. using the Site and the Services in any way which could be reasonably expected to interfere with or damage the Site and the Services, any other operator’s systems, or another user’s enjoyment of the Site and the Services; or
vii. attempting, facilitating or assisting another person to do any of the above acts.
9.1 You may cancel a monthly subscription by giving us 28 days’ notice by emailing us at email@example.com.
9.2 Online Virtuoso will only provide you with a refund of the Subscription Fee in the event we are unable to continue to provide the Services or if Online Virtuoso decides, at our absolute discretion, that it is reasonable to provide a refund under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.
9.3 Online Virtuoso may, at any time, terminate your Subscription if:
i. you have breached any provision of the Terms;
ii. Online Virtuoso believes, on reasonable grounds, that you intend to breach any provision of the Terms;
iii. Online Virtuoso is required to do so by law; or
iv. the provision of the Services to you by Online Virtuoso is, in the opinion of Online Virtuoso, no longer commercially viable.
10 Copyright and Intellectual Property
10.1 The Site, the Services and all related products of Online Virtuoso are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties.
10.2 Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Online Virtuoso or its contributors.
10.3 All trademarks, service marks and trade names are owned, registered and/or licensed by Online Virtuoso, who grant you a worldwide, non-exclusive, royalty-free, revocable license while you are a Member to:
i. use the Site pursuant to the Terms;
ii. copy and store the Site and the material contained in the Site in your device’s cache memory; and
iii. print pages from the Site for your own personal and non-commercial use.
10.4 Online Virtuoso does not grant you any other rights whatsoever in relation to the Site or the Services. All other rights are expressly reserved by Online Virtuoso.
10.5 Online Virtuoso retains all rights, title and interest in and to the Site and all related Services. Nothing you do on or in relation to the Site will transfer any:
i. copyright, business name, trading name, domain name, trade mark, industrial design, patent or registered design;
ii. right to use or exploit any copyright, business name, trading name, domain name, trade mark or industrial design; or
iii. thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
10.6 You may not, without the prior written permission of Online Virtuoso and any other relevant rights owners:
v. up-load to a third party website or platform;
vii. play in public;
the Services, the Site or any Site content for any purpose, unless otherwise provided by these Terms or expressly authorised in writing by Online Virtuoso. This prohibition does not extend to materials on the Site which are freely available for re-use or are in the public domain.
10.7 You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
i. create an adaptation or translation of, all or part of the Site or the Services in any way;
ii. use the Site or the Services in a manner which may infringe any other persons Intellectual Property; or
iii. except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in the Site or the Services
11 User content
11.1. If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials (User Content). Your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
11.2. When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Site or Services), communicate, perform and distribute your User Content for the purposes of allowing us to provide, improve and protect the Site and the Services.
11.3. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display and license your User Content to the extent that it is used within the Site or Services.
11.4. In uploading User Content to or otherwise interacting with the Services you must not do anything or provide any User Content:
i. which is false, misleading or otherwise deceptive in any way;
ii. which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable;
iii. which includes adult-oriented themes;
iv. which infringes any third party Intellectual Property rights;
v. that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation;
vi. in breach of any law in Australia or the jurisdiction in which you operate; or
vii. any other conduct which is deemed inappropriate in our sole discretion.
1.1 While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
12 Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute or claim arising out of the Terms are governed by the laws of Victoria, Australia.
If any part of these Terms is found to be void or unenforceable, that part shall be severed, and the rest of the Terms shall remain in force.
14 Entire Agreement
14.1 Subject to clause 14.2, the Agreement sets out all the parties’ rights and obligations relating to the subject matter of this Agreement, and it supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.
14.2 If you are a Online Virtuoso contractor, these Terms apply to you. The terms of the Contractor Agreement take precedence to the extent of any inconsistency between these Terms and the terms of the Contractor Agreement.
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