Online Training – Terms of Use

General Terms & Conditions

Access to and use of 'musiclearningacademy.thinkific.com', and it’s subdomains (including any on-line courses, training material and tutorials) (‘the Service’) within the Canada, US, and internationally is provided by Music Learning Academy (‘we’, ‘us’ or ‘our’) on the following Terms and Conditions. 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms, which shall take effect immediately on your first use of the Service. If you do not agree to be bound by all of the following Terms and Conditions please do not access, use and/or contribute to the Service.

1.     Use of the Service

• You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
• You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of musiclearningacademy.thinkific.com. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.

2.     Amendments

• We reserve the right, at our sole discretion, to modify or replace these      Terms at any time. If a revision is material we will try to provide at      least 30 days notice prior to any new terms taking effect. What      constitutes a material change will be determined at our sole discretion.    You should check these General Terms & Conditions regularly.
• By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
• If there is any conflict between these Terms and Conditions and specific   local terms appearing elsewhere on the Service then the latter shall     prevail.

3.     Registration

• In order to participate in, and contribute to, Music Learning Academy courses, discussions, and communities you may be required to register with musiclearningacademy.thinkific.com. Any personal information supplied to musiclearningacademy.thinkific.com as part of this      registration process and/or any other interaction with musiclearningacademy.thinkific.com will be collected, stored and used in accordance with Music Learning Academy’s Privacy Policy.
• To register on this website you must be over eighteen years of age.
• You must ensure that the details provided by you on registration or at any time are correct and complete.
• You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
• All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you.     Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
• You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] immediately.
• If Music Learning Academy has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
• Music Learning Academy reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our     services in any way.
• If you use multiple logins for the purpose of disrupting a community, or annoying other users, you may have action taken against all of your accounts.

4.     Intellectual property

• All copyright, trademarks, design rights, patents and other intellectual     property rights (registered and unregistered) in and on Service and all     content (including all applications, curriculum, outlines, templates, and materials) located on or available through the Service shall remain vested in Music Learning Academy.
• You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use musiclearningacademy.thinkific.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any musiclearningacademy.thinkific.com content except for your own personal, non-commercial use. Any other use of musiclearningacademy.thinkific.com content requires the prior written permission of Krista Jadro.
• You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use musiclearningacademy.thinkific.com videos in any way.
• The names, images and logos identifying Music Learning Academy or third parties and their products and services are subject to copyright, design rights and trade marks of Music Learning Academy and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of Music Learning Academy or any other third party.

5.     Availability of the Service

• Although we aim to offer you the best service possible, we make no promise that the services available at musiclearningacademy.thinkific.com will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can.
• Your access to the Service may be occasionally restricted to allow for     repairs, maintenance or the introduction of new facilities or services.     We will attempt to restore the Service as soon as we reasonably can.

6.     Disclaimers and limitation of liability

• All content provided on or through the service, including the information, names, images, pictures, logos, and icons regarding or relating to Music Learning Academy, it’s products and services (or to third party products and services), is provided “as is” and on an “as available” basis. To the extent permitted by law, Music Learning Academy excludes all representations and warranties (whether expressed or implied by the law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Music Learning Academy does not guarantee the timeliness, completeness, or performance of any aspect of the service or any of its content. While we try to ensure that all content provided by Music Learning Academy is correct at the time of publication, no responsibility is  accepted by or on behalf of Music Learning Academy for any errors, omissions, or inaccurate content on the service.
• Nothing in these terms and conditions limits or excludes Music Learning Academy’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, neither Music Learning Academy nor any of its officers or employees shall be liable for any of the following losses or damages (whether such damage or losses were foreseen, foreseeable, known, or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity or anticipated savings; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special, or exemplary damages arising from the use of the service, regardless of the form of action.
• Music Learning Academy does not warrant that functions available on or through the service will be uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

7.     Termination and Music Learning Academy’s right to suspend or cancel your registration

• We may suspend or cancel your registration immediately at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
• The  suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
• We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without   limitation if you breach the Terms.
• All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.     Governing Laws and International use

• These Terms shall be governed and construed in accordance with the laws of the United States of Ameria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
  

9.     Miscellaneous

1. If  any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then t the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive  and continue to be binding and enforceable.
2. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
3. If  you breach these Terms and Conditions and Music Learning Academy chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
4.  Music Learning Academy shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
5. Our Service may contain links to third-­party websites or services that are not owned or controlled by Music Learning Academy. Music Learning Academy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Music Learning Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third­-party websites or services that you visit.

Online Courses – Terms of Use

These terms relate to the paid-for online  services supplied to you through the musiclearningacademy.thinkific.com website (the “Online Course Service(s)”) and should be read in conjunction with our General Terms & conditions above which shall also apply save where they are inconsistent with these terms. 

1.     Prices and Payment

a.     Your order is an offer to purchase Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorized and the course session has started. There will be no contract of any kind between you and us unless and until you make the authorized payment for the Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.

b.     The fee for the Online Course Service is calculated and payable in advance of the course start date as set out on musiclearningacademy.thinkific.com. The Company shall be under no obligation to provide the Online Course Service until the fee has been paid (for installment plans, first payment must be received before course will be released).

c.     Your credit card details are not handled by Music Learning Academy. All payment and all credit card handling is provided through the third party, Stripe or Paypal Inc. We do not store any credit card details. Authority for payment must be given at the time of placing your order.

2.     Delivery

a.     Immediately upon purchase, a confirmation email will be sent to the student acknowledging payment and successful enrollment in the course. This email will contact an online URL where the course materials will be located. Students will be required to create a password for logging into the site and accessing the course content.

b.     New course content will be delivered in the order of the course outline. For pre-sale courses, content may not be released until the course’s scheduled release date. Some courses may require successful completion of quizzes or assignments before the next module is released.

c.     Students will have lifetime access to the course material.

3.     Using the Online Course Service

a.     Music Learning Academy warrants that it has the right to provide the Online Course Service, and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the Internet, errors and omissions do occur and Music Learning Academy does not give any other warranties in respect of the Online Course Service.

b. Music Learning Academy is continually seeking to improve the Online Course Services. Music Learning Academy reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.

c. In the event that Music Learning Academy withdraws or is permanently unable to deliver a particular Online Course Service, a partial refund will be given covering the portion of the course that remains undelivered.

4.     Posting of Content

a.     Some Online Course Services allow you to post content to the Music Learning Academy website, including asking questions about the course, posting completed assignments, and taking part in discussion groups. All content which you provide or upload to our website shall be subject to the relevant provisions of our General Terms & Conditions. 

5.     No commercial use

a.     All Online Course Services are available for non-commercial use only. Music Learning Academy reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of Music Learning Academy.

6.     Cancellation and Refunds

a.     Refunds will be issued for Online Course Services ONLY if 10% or less of the course has been completed. Refund requests must be submitted in writing no later than the 7th day after purchase to [email protected]. After that time, you will be issued a full refund.

b.     Your access to the Online Course Service may be terminated by written notice if you are in material breach of these terms, and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these terms affects our lawful operation of the Online Course Service or third party customers, we may suspend your access to the Online Course Service at any time.