1. TERMS AND CONDITIONS OF USE
1.1 Website and Services
The website at https://www.firstnotesmusic.com.au and all associated digital platforms, social media accounts and mobile applications from time to time (together, Website) and the Website's contents, products and materials, provide information about and access to online and face to face early learning music enrichment programs, music lessons and related services for children (Services).
1.2 First Notes Music
The Website is owned and operated, and the Services are provided by Nicholas Raymond Summerfield trading as First Notes Music ABN 49 468 388 226 (First Notes Music, we, us or our).
1.3 Terms and Conditions
The following terms and conditions and any additional disclaimers, policies and legal notices or information on our Website as may be changed from time to time (together, Terms and Conditions) govern and explain how you may use our Website and our Services. We recommend that you read the Terms and Conditions carefully and fully as they apply to your access and use of our Website and Services.
If you are a child under the age of 18 or have a child or children under 18 years whom you would like to use this Website or our Services, please read section 2.1 below.
1.4 Acceptance
By accessing and using our Website and Services you are deemed to have accepted and agreed to be legally bound by these Terms and Conditions.
You will also be asked to accept and agree to our Terms and Conditions when you register an account for your child or children to use any Service via our Website by clicking a box provided to signify your acceptance and agreement as part of our online registration procedure.
If you do not agree with our Terms and Conditions (or any changes to them) you should not access or use (or stop accessing or using) our Website or Services or register an account to use our Services.
2. REQUIREMENTS TO USE OUR SERVICES
2.1 Age
Our Services include online streamed early learning music enrichment classes for children aged between 4 and 6 years, face to face early learning music enrichment classes for children aged between 3 and 6 years, and beginner music lessons intended for children aged from 4 years. Further details are provided on the Website and section 3 below.
Parents and guardians: If you are a parent or legal guardian, you must give your prior consent for the use of our Website and Services pursuant to these Terms and Conditions by your child if they are under 18 years. You will be legally responsible for your child’s compliance with the Terms and Conditions and for registering for Services for your child.
References in these Terms and Conditions to you, your or user are, where applicable, references to a child’s parent or legal guardian who is responsible for compliance with the Terms and Conditions and assumes all risk for themselves and on behalf of their child even if the child is the physical user of the Website at the relevant time.
Children under 18 years: Children under the age of 18 must have their parent’s or guardian’s prior consent to use the Website and all Services pursuant to these Terms and Conditions.
We do not knowingly collect, use or disclose information from children under 18 which identifies them or makes them reasonably identifiable (Personal Information) without verifiable parental or guardian consent. This complies with the Australian Privacy Act 1988 (Cth) (Privacy Act), the primary country in which our Services are offered. This policy also complies with the Children’s Online Privacy Protection Act (USA) (COPPA) and the General Data Protection Regulation of the European Union (GDPR).
2.2 Permitted Use
You are only permitted to use our Services for your own and your child’s or children’s personal benefit.
You may not use the Website or Services, or any part of them, for any commercial purposes or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Website or any other communications provided by us for your personal use or in a manner not permitted by the Terms and Conditions.
First Notes Music prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes First Notes Music’s rights or the rights of others.
2.3 Devices and internet access and software
Use of our online Services requires compatible computer devices, internet access, sufficient connection speeds and software and may be affected by the performance of your devices, access, connection speed and software. Users of our online streaming Services need the capability to view MPEG-4 (MP4) videos, the format in which online classes are made available.
It is your responsibility to ensure that you have appropriate computer devices, internet access and connection speed and software to use our Services.
3. OUR SERVICES
3.1 Early learning music enrichment and music classes
First Notes Music offers online streamed early learning music enrichment classes for children aged between 4 and 6 years, face to face early learning music enrichment classes for children aged between 3 and 6 years, and beginner music lessons designed for children aged from 4 years.
Streamed classes are available for streaming as indicated on the Website and in section 3.4 below. Face to face early learning music enrichment classes and beginner music lessons are provided on the basis of class terms (Terms) which generally align with public school term dates across Australia as indicated on the Website and in sections 3.5 and 3.6 respectively.
3.2 Account registration
To enrol your child as a student in one of our classes you must first register an account through our Website or have an existing account.
By registering an account, you acknowledge you have read these Terms and Conditions and agree to be bound by them as your child’s or children’s parent or legal guardian, for yourself and on behalf of your child or children. By registering an account, you represent and warrant that you are at least 18 years and that you are the parent or legal guardian of the registered child or children referred to in the account.
You are responsible for maintaining the confidentiality of your account details and password and are fully responsible for all activities that occur under your account, including the activities of your child or children. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security.
You are not permitted to register for a new account if we have previously terminated your use of any Service for a breach of the Terms and Conditions, wilful or serious misconduct, non-payment of our fees when due, or any other permitted reason.
Correspondence and notifications about class enrolments, upcoming classes and other matters will only be sent to the registered account holder using the account information provided.
3.3 Account information and privacy
You agree that all information you provide to us on registration of an account through our Website, or in any other way, at any time or for any other purpose will be true, accurate, current and complete. You acknowledge and agree that you are responsible for all information you submit to us and that if we believe the information you have provided is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services.
The Personal Information you provide about you and your child or children may include your and/or your child’s or children’s name, age, gender, address, email address, and telephone number and your bank account details and payment information. The Personal Information may also include sensitive information about your child’s or children’s health and racial or ethnic origin.
Since our Services relate to children, we are particularly mindful about maintaining the privacy of the Personal Information we obtain about children. All information you provide about you or your child or children will be treated in accordance with our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand and agree to our Privacy Policy as updated from time to time.
You acknowledge and agree that the information including Personal Information we collect will be used for and in connection with First Notes Music providing you with requested Services and/or relevant information and that if we do not collect it as requested, you will not be able to register an account and may not be able to obtain our Services.
3.4 Online early learning music enrichment classes
In addition to all other relevant Terms and Conditions, the following terms and conditions apply to our online early learning music enrichment classes.
Online streaming classes: Online classes are available to stream via our Website. Each class is pre-recorded and part of a series (Module). The Modules have different musical element themes including beat, rhythm, tempo, dynamic control, pitch, and sound (timbre and texture). Each Module contains between 8 and 11 progressive classes with a duration of 10 to 20 minutes each. The classes are suitable for children between 4 and 6 years of age.
Suitable devices and software: It is your responsibility to ensure that you have appropriate device/s, internet access, connection speeds and software to access and stream the online early learning enrichment classes including having the capability of viewing MPEG-4 (MP4) videos and to take the necessary steps to start the streaming of the class to your device. First Notes Music shall not be liable if you are unable to stream all or any of the classes for any reason or obtain an adequate internet connection or speeds. See section 2.3 above.
Streaming of online class: All classes within a Module will be released for streaming after full upfront payment for the Module or will be released for streaming on and subject to payment of the class fees on a weekly or other basis. It is your responsibility to stream the class and, if applicable, ensure that it is streamed during any current access period for the class. First Notes Music shall not be liable if for any reason you are unable to, or do not, stream any class you have paid for and no refunds shall be given if you do not do so.
Class fees: All new students are offered an initial free trial class (Module 1, Lesson 1). All other classes in Module 1 and each Module thereafter can be purchased and paid for upfront via our Website or by instalments on a weekly basis (or any other interval offered from time to time) as provided on the Website by automatic recurring payments via our online payment processing merchant.
Class Prices: Current prices for individual classes and Modules are available on the Website.
Payments: Payments are to be made as provided in section 3.7 below. Also see our rights of termination below if payments are not made when due.
Materials and musical instruments: You will be responsible for providing appropriate materials and musical instruments for your child to use during online classes.
Participation in streamed class: Given the nature and medium of the class, it is your responsibility to supervise your child during all streamed classes.
Refunds and cancellations: Class Module fees are non-refundable except as provided in these Terms and Conditions. All cancellations and requests for refunds must be made by giving written notice to us at 42/150 Forbes Street, Woolloomooloo or sent by email to nick@firstnotesmusic.com.au, or by following the cancellation procedure provided via our Website.
If you have paid for a Module upfront and wish to cancel any classes which you have not yet streamed, a refund will only be given for those classes of the Module you have not yet streamed 24 hours after the time you give notice of cancellation less an amount equal to the fees for one class, which will be retained as a cancellation fee. If you are paying for a Module on the basis of automatic recurring payments, you must give us at least 7 days' notice of cancellation and we shall be entitled to debit or charge to your PayPal account an amount equal to the fees for one class as a cancellation fee. No cancellations are offered, or refunds are given for classes that have already been paid for by automatic recurring payment.
If for any reason you are not satisfied with our online streamed early learning music enrichment classes, First Notes Music shall not be liable other than to the extent that we provide a pro rata refund less the cancellation fee unless otherwise required under the Australian Consumer Law (see section 9.1).
Termination: If payment of our fees for our classes is not received when due, including if any automatic recurring payment fails to be made for any reason, we shall be entitled to suspend the streaming of our classes until such time as all outstanding amounts have been paid and, if applicable, you have made appropriate arrangements for future automatic recurring payments to be made or have paid the full balance of the fees for the Module. If you do not pay outstanding amounts within 7 days of being requested by notice to do so, First Notes Music will be entitled to terminate your child's enrolment for our online classes without prejudice to any other rights or remedies it has under these Terms and Conditions or at law. In addition to such right of termination, First Notes Music may terminate your child’s enrolment in a class if you have breached any other Terms and Conditions or it is required by law to do so. In the event of such termination you will not be entitled to any refund of any amounts paid. Please also refer to section 3.7 and section 7 for our rights and your obligations (including indemnification of us) if you do not pay our fees and/or are otherwise in breach of our Terms and Conditions.
3.5 Face to face early learning music enrichment classes
Face to face music enrichment classes are held at the location/s indicated on our Website. Please check the Website to confirm the current location/s and status of classes.
In addition to all other relevant Terms and Conditions, the following terms and conditions apply to our face to face early learning music enrichment classes.
Free trial: All new students are offered an initial free trial class and a soft toy or other sign-up gift (see section 3.13).
Classes: Face to face classes have a duration of 30 minutes and are structured for age groups of 3 to 4 years, 4 to 5 years and 5 to 6 years.
Class Terms: Classes are offered on a Term by Term or casual basis subject to availability. Current and upcoming Term dates are available on the Website and generally align with public school average term start and finish dates across Australian States and Territories.
Class fees: Class fees are payable for each Term by lump sum in advance no later than the week immediately before the first week of the Term or, if the Term has already commenced, before the date of the student’s first class. Subject to availability, casual classes are to be paid for on a class-by-class basis at the time of booking but in any event before the commencement of the class.
Class prices: Current prices for classes are available on the Website.
Payment methods: Payments are to be made as provided in section 3.7 below.
Materials and musical instruments: Each student will be supplied with all necessary materials and music instrument/s for use during the class.
Responsibility for students: You are responsible for your child’s behaviour, conduct and safety during classes and are liable for any misuse of or damage to or loss of our equipment, including musical instruments and personal property caused by your child. First Notes Music reserves the right to require you to remove your child from a class for inappropriate or disruptive behaviour or misuse of the provided musical instruments or materials, and in such circumstances no refund will be given.
Photographs, videos and image release: To support the ongoing development and promotion of the Services and for internal training purposes, First Notes Music may take photos and make audio and video recordings of classes, including your child. This material may also be used in the marketing of our Services with prior consent. If you do not wish your child to be identifiably photographed or identifiably included in any audio and/or video recording, you should not click to give your consent at the time you register your account. If you wish to withdraw this consent at any time after the registration of your account (or to give consent subsequently), please let the class teacher know plus email us at nick@firstnotesmusic.com.au. Before publishing or distributing any image or audio and video recording of your child for external purposes including for promoting the Services or any other lawful purpose, we will first obtain your written consent.
Missed classes: If your child misses a class for any reason, subject to availability you may schedule a make-up class for the same week of the Term on a minimum of 24 hours’ prior notice to us. However, no missed classes can otherwise be made up and no refunds of any fees will be given for missed classes.
Class credit: Class credit may be offered at the sole and absolute discretion of First Notes Music. In such circumstances, make-up classes may be attended at another time or location if available; or one class credit per half-year may be applied to the following Term.
Refunds and cancellations: Class fees are non-refundable. If you wish to cancel or withdraw your child as a student from any class, written notice must be given to us at 42/150 Forbes Street, Woolloomooloo or sent by email to nick@firstnotesmusic.com.au in which case a refund will be given with respect to all remaining classes of the Term less an amount equal to the fees for one class which will be retained as a cancellation fee. If for any reason you are not satisfied with the face to face classes in which your child is a student, First Notes Music shall not be liable other than to the extent that we provide a pro rata refund less the cancellation fee unless otherwise required under the Australian Consumer Law (see section 9.1).
Termination: In addition to any other rights under these Terms and Conditions, First Notes Music may terminate any child’s enrolment in a class if you have breached any of the Terms and Conditions or it is required by law to do so. In the event of such termination you will not be entitled to any refund. Please also refer to section 3.7 and section 7 for our rights and your obligations (including indemnification of us) if you do not pay our fees and/or are otherwise in breach of our Terms and Conditions.
3.6 Music lessons
In addition to all other relevant Terms and Conditions, the following terms and conditions apply to our beginner music lessons. As at February 2021, private beginner piano music lessons are offered to children from the age of 4. However, the terms and conditions below will also apply to music lessons for any other instrument offered by First Notes Music from time to time.

Music lessons: Beginner music lessons are provided privately one on one in your home or at such other location agreed by us with you, have a duration of approximately 30 minutes and are based on an individual assessment of your child’s age, stage of development and skills.
Class Terms: Music lessons are offered on a Term by Term or casual basis subject to availability. Current and upcoming Term dates are available on the Website and generally align with public school average start and finish dates across Australian States and Territories.
Class fees: Class fees are payable for each Term by lump sum in advance no later than the week immediately before the first week of the Term or if the Term has already commenced before the date of the student’s first class. Subject to availability, casual classes are to be paid for on a class-by-class basis at the time of booking but in any event before the commencement of the class.
Class prices: Current prices for classes are available on the Website.
Payment methods: Payments are to be made as provided in section 3.7 below.
Musical instrument: You must have a piano in your home for all piano lessons held in your home. If your child is learning a different musical instrument, you must provide the relevant instrument for use by your child for all music lessons for that instrument.
Responsibility for students: You are responsible for your child’s behaviour, conduct and safety during music lessons and for any misuse of or damage to your piano or any other musical instrument (as applicable). First Notes Music reserves the right to terminate any music lesson if your child behaves disruptively or inappropriately and in such circumstances no refund will be given.
Photographs, videos and image release: To support the ongoing development and promotion of the Services and for internal training purposes, First Notes Music may take photos and make audio and video recordings of classes, including your child. This material may also be used in the marketing of our Services with prior consent. If you do not wish your child to be identifiably photographed or identifiably included in any audio and/or video recording, you should not click to give your consent at the time you register your account. If you wish to withdraw this consent at any time after registration of your account (or to give consent subsequently), please let the class teacher know plus email us at nick@firstnotesmusic.com.au. Before publishing or distributing any image or audio and video recording of your child for external purposes including for promoting the Services or any other lawful purpose, we will first obtain your written consent.
Missed classes: If your child needs to miss or cancel a class for any reason you may, subject to availability, schedule a make-up class for another day during the same Term on a minimum of 24 hours’ prior notice to us. However, no missed classes can otherwise be made up and no refunds of any fees will be given for missed classes.
Class credit: Class credit may be offered at the sole and absolute discretion of First Notes Music. One class credit per half-year may be applied to the following Term.
Refunds and cancellations: Class fees are non-refundable. If you wish to cancel or withdraw your child from music lessons written notice must be given to us at 42/150 Forbes Street, Woolloomooloo or sent by email to nick@firstnotesmusic.com.au in which case a refund will be given with respect to all remaining classes of the Term less an amount equal to the fees for one class which will be retained as a cancellation fee. If for any reason you are not satisfied with our private music lessons, First Notes Music shall not be liable other than to the extent that we provide a pro rata refund less the cancellation fee unless otherwise required under the Australian Consumer Law (see section 9.1).
Termination: In addition to any other rights under these Terms and Conditions, First Notes Music may terminate your child’s enrolment for private music lessons if you have breached any of the Terms and Conditions or it is required by law to do so. In the event of such termination, you will not be entitled to any refund. Please also refer to section 3.7 and section 7 for our rights and your obligations (including indemnification of us) if you do not pay our fees and/or are otherwise in breach.
3.7 Payment
Details of prices for our Services are available on our Website.
You agree to pay the fees for all Services that you purchase. Fees for our Services can only be paid using the payment facilities via our Website and as set out below.
Transactions are processed in Australian dollars. If fees are paid in a foreign currency, they will be subject to the prevailing exchange rate and transfer fees and any requirements of your financial institution.
All prices are exclusive of GST unless otherwise specified. If GST is applicable in respect of any goods or our Services, you must pay us an amount equal to the GST payable on the goods or our Services. You must pay the GST in addition to, and at the same time as, any consideration for the goods or our Services. Upon receipt of payment you will be issued a tax invoice if required under applicable legislative requirements relating to GST.
Gateways and merchants
First Notes Music uses PayPal as its payment-processing merchant. By purchasing Services via https://www.firstnotesmusic.com.au you agree to comply with the terms provided by the payment-processing merchant or payment platform. We (or our payment-processing merchant) may securely collect Personal Information obtained during your purchase or transaction for the Services. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and/or provide you with some or all of our Services. For more information, please refer to our Privacy Policy.
We reserve the right to change our preferred payment gateway from time to time and without notice.
Credit cards, chargebacks and payment security
We accept credit card and PayPal payments for our Services via our payment-processing merchant. If you pay by credit card or via PayPal, we will be entitled to charge a surcharge on your credit card payments of up to 3% of the credit card transaction value. If you pay by credit card or PayPal you agree that we will not be held liable for any loss you incur arising from your payment by credit card or PayPal or use of our payment gateway, unless it is caused by our fraud or negligence. To the extent that you provide us with your credit card information for payment, we shall be authorised to charge your credit card for all amounts due and payable for the Services you have registered for. You shall not make any chargebacks to our account or change any of the credit card information you have provided to us or cancel any automatic recurring payments you have authorised for our Services without notifying us in advance. You are responsible for any fees associated with recouping payment on chargebacks and any associated collection fees. We reserve the right to reject and/or report credit card or PayPal payments that are suspected of fraud or any other illegal activity.
Automatic recurring payment plan
First Notes Music may offer payment for certain Services, including online early learning music enrichment classes, by an automatic recurring payment plan via PayPal on the basis of weekly payments and/or other applicable payment intervals from time to time. To take advantage of any automatic recurring payment option via PayPal you will need to have an account with PayPal, agree to PayPal's user terms and enter into and approve, where applicable, an online billing agreement via PayPal in order to execute the automatic recurring payment plan. If you use any automatic recurring payment plan for First Notes Music classes, in addition to any other terms and conditions in the PayPal billing plan, you request and authorise us to debit from or charge from your PayPal account and/or agree to pay via your PayPal account, all fees for the applicable classes at the agreed intervals plus any cancellation fee (where applicable), and agree to do all things reasonably necessary or desirable we may request in order to implement the automatic recurring payment plan.
It is your responsibility to ensure that you maintain your PayPal account and the automatic billing plan using PayPal for the duration of the period in which we are entitled to payment of our fees for our Services, and do not cancel it without prior notice to us in accordance with our cancellation terms. If for any reason payments are not able to be made via your PayPal account at the applicable intervals and times for the full amount payable to us for our Services, you must make immediate arrangements with us for payment by EFT direct transfer to our account or by other means for any outstanding and all future amounts payable.
You indemnify First Notes Music and must keep indemnified First Notes Music against all claims and losses suffered by First Notes Music arising out of your failure to pay our fees for our classes including by automatic recurring payments, any breach of this Agreement or the law and any act or omission by you, except to the extent the claim or loss is directly caused or contributed to by a reckless or negligent act or omission of First Notes Music.
Suspension and termination for outstanding payments
If payment of our fees for our classes is not received when due, including if any automatic recurring payment fails to be made for any reason, we shall be entitled to suspend the provision of our Services, including the streaming of our online classes to you, until such time as all outstanding amounts have been paid and, if applicable, you have made appropriate arrangements for future automatic PayPal payments or other payments to be made, or you have paid the full balance of the fees for the Module or Term (as applicable).

If you do not pay all outstanding amounts within 7 days of being requested by notice to do so, First Notes Music will be entitled to terminate your child's enrolment for our classes without prejudice to any other rights or remedies we have under these Terms and Conditions or at law. In addition to such right of termination, First Notes Music may terminate your child’s enrolment in a class if you have breached any other Terms and Conditions or it is required by law to do so. In the event of such termination you will not be entitled to any refund of any amounts paid.
3.8 Our cancellation policy
While we take all reasonable steps to ensure that all lessons in a Module are released for streaming and all relevant classes are held during a Term we may be required to cancel the release of a streamed lesson or cancel one or more classes (as applicable) as a result of or in connection with an event or circumstance beyond our reasonable control, including circumstances relating to public health, such as COVID-19 (see section 3.12 below). If we need to cancel the release of a streamed lesson for any reason or cancel a class due to illness, injury the unforeseen unavailability of a class teacher or another reason beyond our control, we will notify you as soon as we can via email or text message and advise you of any replacement lesson, any make-up classes offered or refund.
For face to face early enrichment classes, you will be offered the option of your child attending a make-up class within 1 week of the date of the cancelled class (subject to availability) or receiving a refund of the fees for the cancelled class.
For beginner music lessons, you will be offered the option of your child attending a make-up class within the current Term (subject to availability) or receiving a refund of the fees for the cancelled class.
First Notes Music shall not otherwise be liable to you except to the extent required under the Australian Consumer Law (see section 9.1).
3.9 Control, behaviour and safety of children
While First Notes Music takes all reasonable care in the delivery of its face to face music classes (including early learning enrichment classes and beginner music lessons) and retains experienced and skilled music teachers, you are responsible at all time for the behaviour, control and safety of your child or children attending the class.
First Notes Music does not take any responsibility for the behaviour, control or safety of your child or children or for any damage, loss, cost or expense you may incur, or any personal injury, sickness, disease or death arising from or in connection with any face to face music class unless caused by the negligence of First Notes Music or its representatives.
You must not permit your child or children to attend any face to face class if they are sick or unwell but in particular, if they have any communicable, contagious or notifiable illness. No refunds are offered for classes missed due to illness, however in accordance with our class terms and conditions, subject to availability you may schedule a make-up class for the same week of the Term on a minimum of 24 hours’ prior notice to us.
3.10 Compliance with ‘Working with Children’ obligations
First Notes Music wants all children who participate in our music classes to have a safe and happy experience. We support and respect children, their families and our teachers and staff.
To help us make our music classes a safe and happy experience, First Notes Music has a child safety policy and is registered with the NSW Office of the Children’s Guardian (OCG).
First Notes Music takes care to recruit only teachers who are suitable and experienced in working with young children and provides an induction programme to ensure its teachers are aware of their child safety responsibilities.
We verify that all teachers and staff have current Working with Children Checks (WWCC) and are not barred or interim barred against working with children, as required by the Child Protection (Working with Children) Act 2012 (NSW). The WWCC is an assessment of a person’s eligibility to work or volunteer with children and involves a check of a person’s national criminal history and other disciplinary and police information.
WWCC numbers are available for verification by parents and guardians on request.
3.11 Changes to Services
We reserve the right to change the type and nature of the classes and other Services we offer from time to time, to suspend or discontinue any Services and to change the prices and payment methods for our Services at any time without notice. We shall not be liable to you or any third party for any change to our Services or suspension or discontinuance of any Services or any price or payment method change.
However, we will take all reasonable steps to ensure that any such changes or actions are not made during a class Term or Module (as applicable). If any substantive change is made to any Service or if any Service is suspended or discontinued during the Term, we will notify you and you will have the right to obtain a refund of all fees you have paid referable to the remainder of the classes for that Term or unstreamed classes in the Module, as applicable, less an administration fee.
Subject to law, we reserve the right to limit the sales of our Services to any person, region or jurisdiction.
3.12 Public health including COVID-19 obligations
These Terms and Conditions and our Services are subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at any relevant time. For face to face music enrichment classes and beginner music lessons, this may include social distancing and wearing of masks by teachers and class cancellation/s if required for compliance with Public Health Laws.
3.13 Disclaimer - promotional and sign-up gifts
While we will take all reasonable care to ensure that any promotional or sign-up gifts we give from time to time are suitable for children aged between 3 and 6 years and comply with the statutory guarantees under the Australian Consumer Law, any use or enjoyment of our gifts by you or your child is at your sole discretion based on your individual and personal circumstances and those of your child. First Notes Music does not warrant or guarantee the standard, quality or workmanship of the gifts and shall not be liable to you, your child or any third party for any claims, loss, costs, expenses, illness, disease or death caused by or in connection with the use or misuse of any gifts.
4. USE OF THE WEBSITE
4.1 Website information
The information, content and material contained in or made available through accessing and using our Website are provided for general information purposes only. First Notes Music does not represent or warrant that any Service is appropriate, effective or beneficial for you or your child or children. To the extent that we provide any explicit or implied recommendations of any Service, such recommendations are only general and not specific to any situation or individual.
All information provided by us is provided in good faith, though we make no guarantees of any specific results, benefits or outcomes from the use of the Website or accessing or using the Services. We provide information from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.
Any testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of an individual's experiences with us or our Services and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.
We may refer to third-party products, services, experts and other third-party service providers on our Website. Any such reference is not intended as an endorsement or statement that the information provided by the third party is accurate. We make no warranties as to the suitability or reliability of third-party service providers nor give any guarantees as to the outcome or results of their products or services. It is your responsibility to conduct your own research and make your own determination about any such product, service and/or expert.
4.2 Use at your own risk
You acknowledge and agree that your access and use of the Website and the Services, or that of your child or children, is at your own risk, and that use of our Website and Services in any way other than as expressly stated in the Terms and Conditions will amount to a breach and the access to and use of the Website and our Services by you or your child or children may be suspended or terminated in accordance with these Terms and Conditions.
4.3 Website maintenance
First Notes Music is only responsible for the support and maintenance of its Website.
While we will take all reasonable steps to ensure that our online Services are available during normal business hours AEDT from Monday to Friday during the periods in which Modules are released, we may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website.
Access to and use of the Website may also depend on telecommunications, internet service providers and other external factors beyond our control.
We therefore do not guarantee, represent or warrant that your use of our Website or any Services will be uninterrupted or error-free, and you agree that from time to time we may remove access to the Website and the Services for indefinite periods, or otherwise limit or disable your access to the Website and Services without notice to you.
4.4 User-Generated Content
The Website (and any other digital platforms, mobile applications or social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with our Services or Website.
4.5 Online community guidelines
It is essential that all members of our community adhere to our community guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate any content or incite any behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. First Notes Music prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community using our Communication Services. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are or that you represent someone else, or impersonate any other individual or entity for any purpose.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time, we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Website and Services and inform the relevant authorities where appropriate. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
4.6 Third-party links
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, products, services or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference or information provided by us and will conduct and rely upon your own research in deciding whether to purchase any affiliate product or service.
We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software.
Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website are solely between you and that third party. You agree that we shall not be responsible or liable for any liability, damage or other loss, cost or expense of any sort that may be incurred as the result of such dealings with a third party.
5. OUR INFORMATION DATABASE AND SECURITY
By sending us an email enquiry, using the contact form on our Website or by registering an account with First Notes Music, you will be added to our email database. If you do not want to remain on our database or no longer wish to have an account registered with us, you can follow the instructions on the contact form to update your subscription preferences or unsubscribe from our email communications. You can also email us at any time at nick@firstnotesmusic.com.au to ask us to update your subscription preferences, unsubscribe from our email communications or request we delete your account for any reason.
First Notes Music keeps your account registration and other Personal Information on a secure server. We use the information only for the limited purposes of providing the Services to you, for statistical purposes to improve our Website and Services, to administer our Website and to notify you of products or special offers that may be of interest to you.
While we will take precautions to ensure the Website is secure, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information.
Our Website and Services are subject to our Privacy Policy which forms part of these Terms and Conditions. For further information on the use of your Personal Information, data breaches and data security, please review our Privacy Policy.
6. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
You acknowledge and agree that the Website and the Services contain information, content and material that is owned or licensed by us and is protected by intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or any associated account usernames/passwords) you purchase or rent to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.
First Notes Music respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services are either the original content of First Notes Music or that First Notes Music is licensed to use and provide them via the Website and Services, and that doing so does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to them or it.
These Terms and Conditions do not transfer any of our intellectual property rights or those of other persons to you or any third parties. You are granted no rights with respect to or licence of our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided, where applicable, with consent. All names, logos and trademarks of third parties on the Website (if any) are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights for the commercial use or distribution of any names, logos or trademarks without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of these Terms and Conditions. If you infringe our intellectual property rights or those of any third party, we have the right to suspend access to or terminate your use of the Website and Services, and to report you to the relevant authorities or take any actions as we deem appropriate or necessary.
7. TERMINATION OF USE
We, at our sole and absolute discretion, may suspend or terminate your access to and use and/or future access to and use of the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:
(a) you are in breach of any of the Terms and Conditions or any related policies;
(b) at any time, you have committed any act of wilful or serious misconduct;
(c) you fail to pay any fees or payments properly payable to us for our Services by the stipulated due date;
(d) you have created a material risk or material exposure for us;
(e) there are unexpected technical issues or problems;
(f) at the request of law enforcement or any government authority; or
(g) upon a request by you.
Please also refer to section 3 in relation to our rights to cancel or terminate our Services.
8. DISPUTE RESOLUTION
Any dispute arising under or in connection with these Terms and Conditions must be resolved in accordance with the following provisions.
If a dispute arises, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within 7 days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so, they will agree upon another method or another time no later than an additional 14 days to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged.
If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within 28 days after receipt of the first notice of dispute, the dispute may be referred by either party to formal mediation or either party may commence court proceedings.
9. WARRANTIES AND LIABILITY
9.1 Statutory rights
Our Terms and Conditions are subject to Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other equivalent legislation in each State and Territory of Australia as applicable (Australian Consumer Law). Nothing in the Terms and Conditions will operate to exclude, restrict or modify the application of any statutory provision, including any provision of the Australian Consumer Law, the exercise of a right or remedy conferred by such a provision, or any liability of any party for a breach of any guarantee, warranty or other term or condition implied by such a provision, where to do so would contravene that statute and cause any part of these Terms and Conditions to be void.
If First Notes Music is liable to you under the Australian Consumer Law with respect to any Service, to the extent to which we are entitled to do so we limit our liability in respect of any claim to supplying the relevant Service again or the payment of the cost of having the relevant Service supplied again.
9.2 Risk and liability
You expressly agree that your use of, or inability to use, the Website and the Services is at your sole risk. Subject to the Australian Consumer Law, the Website and the Services and all content delivered to you through the Website and our Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors or licensors, be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Website or any of the Services or for any other claim related in any way to your use of the Website or Services including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Website, even if advised of their possibility. Under no circumstances shall the aggregate liability for all claims relating to the Website or Services exceed the greater of AUD100 or the amount you paid us, if any, in the last twelve (12) months.
We shall use reasonable efforts to protect all information you submit in connection with our Website and Services, but you agree that your submission of such information is at your sole risk, and you hereby release us from any and all liability to you for any loss or liability relating to such information in any way.
We do not represent or guarantee that the Website or the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusions, and you hereby release us from all liability relating thereto. You shall be responsible for backing up your system, including any content acquired or rented via our Website pursuant to the Services. We are not responsible for data charges you may incur for downloading or streaming over a data connection.
9.3 Waiver and indemnity
By using the Website and our Services, you agree, to the extent permitted by law, to indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any claims arising out of your breach of these Terms and Conditions, your misuse of the Website or Services or to the extent permitted by law, any action taken by us as part of our investigation of a suspected violation of these Terms and Conditions or as a result of our finding or decision that a violation of these Terms and Conditions has occurred.
To the extent permitted by law, you agree that you shall not sue or recover any damages from us, our directors, officers, employees, affiliates, agents, contractors and licensors as a result of our decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Website or Services or to take any other action during the investigation of a suspected violation or as a result of our reasonable conclusion that a violation of these Terms and Conditions has occurred. This waiver and indemnity applies to all violations described in or contemplated by these Terms and Conditions.
10. AMENDING THESE TERMS AND CONDITIONS
We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Services.
Please check these Terms and Conditions regularly prior to using our Website and Services to ensure you are aware of any changes. We will endeavour to highlight any material or substantive changes to you where possible.
If you do not agree to any change to our Terms and Conditions, you must cease using our Website and Services, subject to our Terms and Conditions in relation to cancellation. Your continued use of our Website and Services following any amendments will be deemed to constitute acceptance of the Terms and Conditions as amended.
11. GENERAL TERMS
The laws of New South Wales, Australia govern these Terms and Conditions and any access to or use of our Services and any disputes in relation to any of them. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.
These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

The Terms and Conditions constitute the entire agreement concerning your use of this Website and the Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Services.

If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed, and the remaining portions of these Terms and Conditions will remain in full force and effect.

If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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