Terms and
Conditions

  1. INTRODUCTION

    1. Welcome to the Magic Tree of Music website located at www.magictreeofmusic.com (“Website”) which is owned and operated by Magic Tree of Music Pty Ltd (ACN 609 038 968) (“Company”, “Us”, “We”, “Our”).

    2. Please read these Terms & Conditions carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your) and you agree to be bound by these Terms & Conditions and our Privacy Policy located at on our Website. These Terms & Conditions constitute a legally binding agreement between you and the Company (“Agreement”).

    3. The Website is an online platform that offers its students online and in-person cross-cultural music and art education “Products”, “Programs” and other resources which inspire children’s creativity development.

    4. The Company reserves the right to alter, modify, add to, or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the Programs and/or Products available via the Website, without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use the Website. 

  2. ACCOUNT

    1. You may create a User ID at any time during Checkout (as set out below in Clause 3.3) (“User ID”).

    2. You are solely responsible for maintaining the confidentiality of your User ID and User ID password. 

  3. LISTINGS & CHECK OUT

    1. A “Listing” on the Website for a Program or Product will specify the applicable:
      1. x payable (as defined in Clause 3.3(b));
      2. description of that Program and/or Product, including any applicable modules, at-home activities, resources and Products associated with that particular Program;
      3. where applicable, method of Program delivery (i.e., online or in-person) including any relevant dates, venues, and times related to that in-person Program; and
      4. any other relevant information in connection with a particular Product and/or Program. 

    2. In order to access our Programs and/or purchase any of our Products, you will need to create a User ID and purchase the relevant Program and/or Product. 

    3. In order to purchase a Program and/or Product, you must complete the “Checkout” process whereby you must:
      1. create or log in using your User ID; and
      2. pay the Company the fees applicable to that Program or Product (“Fee”).

    4. Once Checkout is complete and the full Fee has been received by the Company, where applicable the:
      1. purchased Program shall be made available via your User ID and (where applicable) any relevant in-person Program details will be provided to you; and/or
      2. Company will proceed to ship the Products to you in accordance with the details entered during Checkout.

  4. PROGRAMS & PRODUCTS

    1. Where a Program is delivered in-person, that particular Program may be subject to additional terms and conditions as provided by the Company to you. 

    2. You agree that any visual representation of a Program and/or Product contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Program and/or Product.

    3. The Company reserves the right to change or cancel (in whole or in part) the Programs and/or Products offered, including but not limited to the applicable Fee, and activities offered.

    4. In the event of such changes or cancellations under this Clause, the Company shall give reasonable notice to you and endeavour to deliver a replacement Program and/or Product of a similar type and standard.

    5. For the avoidance of doubt, the Company shall not be liable for any loss or damage resulting from any changes to or cancellations of its Programs and/or Products.

    6. The use of any Products must be in accordance with the Program and/or Product instructions and other relevant information provided about that Product and/or Program and is subject to the Magic Tree of Music – Music Creativity Program Product Safety Information & Disclaimer found on our Website.

  5. FEES & PAYMENT

    1. The Fees may be paid via Stripe or PayPal. The Company is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.

    2. If the Fees are paid via PayPal, such payment is subject to PayPal’s User Agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU.

    3. If the Fees are paid via Stripe, such payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal.

    4. In the event that the Company does not receive the applicable Fee in full and on time, the Company may prohibit access to a Program and makes no guarantee that such Program will be available at a later date.  

  6. SHIPPING & DELIVERY 

    1. All Products will be shipped and delivered in accordance with our delivery policy found on our Website (“Delivery Policy”).

    2. You agree that if you are purchasing a Program with Products and/or Products by itself to be delivered to one of the international countries listed in the Delivery Policy (“International Order”), it is your responsibility to check that country’s local customs regulations. The Company will not be liable for any loss or damage resulting from any import restrictions that may prevent the delivery of your International Order. 

    3. As we are an Australian Company, we will charge you the Fees in Australian dollars. You agree that if you place an International Order, the Fee is subject to the “International Charges” of that country being: 
      1. any duties, customs charges, taxes, levies and/or other fees payable; and/or
      2. the exchange rate applied by the payment method used in Check Out.

    4. You are solely responsible for the direct payment of all International Charges, and for the avoidance of doubt, the Company is not liable for and will not reimburse you for any International Charges.

  7. REFUNDS, RETURNS & EXCHANGES 

    1. To the fullest extent permitted by law (including the Australian Consumer Law), no cancellations, refunds or returns of any Programs and/or Products shall be accepted by the Company. 

    2. Subject to the terms set out in our Delivery Policy, you may make a “Exchange Request” to the Company within fourteen (14) days of receiving that Product for an exchange of a Product if you receive a defective Product. 

    3. To the fullest extent permitted by law (including the Australian Consumer Law), a Product will not be considered defective under Clause 7.2 if the Product is of an unacceptable quality due to fair wear and tear, misuse, failure to follow any instructions of use, using it in an abnormal manner and/or failure to take reasonable care. 

    4. If the Exchange Request is accepted, the Company will exchange the Product and refund reasonable shipping costs as set out in our Delivery Policy to return the Product via the original payment method used in Check Out, subject to the return of the Product in its original condition. 

    5. If the Product is not returned in its original condition received and/or you otherwise have no remedy under the Australian Consumer Law, the Company will either dispose of the Product or return the Product to you at your expense. 

  8. TERMINATION & SUSPENSION 

    1. If the Company determines that a holder of a User ID is in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate the User ID and refuse any and all current or future use of the User ID and the Program. Such termination shall not release the holder of the User ID of any obligations existing at the time their User ID is terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

    2. A holder of a User ID has the right to terminate or suspend their User ID via their User ID’s account page or by contacting the Company.

    3. If a User ID is terminated, suspended or otherwise limited, all Programs associated with that User ID will no longer be available to that User ID holder.  

       
    4. The following sections of these Terms & Conditions will survive termination: Fees & Payment; Termination & Suspension; User Conduct & Warranties; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

  9. USER CONDUCT & WARRANTIES 

    1. As a User, you must not (and must not allow any third party to):
      1. use the Website in any manner that could damage, disable, overburden or impair the Website; 
      2. attempt to gain unauthorised access to any parts of the Website;
      3. interfere or attempt to interfere with the proper working of the Website’s software; 
      4. use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Company;
      5. analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; 
      6. transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website; and
      7. use the Website or agree to these Terms & Conditions on behalf of another person or entity including but not limited to a company or other organisation, unless you have the power and authority to bind such person or entity to the terms of this Agreement.

  10. INTELLECTUAL PROPERTY RIGHTS 

    1. Except for third party data or otherwise stated, all other aspects of the Website are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website and the Programs and/or Products (“Company Materials”).

       
    2. All rights are reserved. No Company Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of the Company. 

    3. For the avoidance of doubt, the Company is the sole owner of all intellectual property in its Programs and/or Products and you must not copy, reproduce or adopt the designs, concepts or any other intellectual property embodied in any Programs and/or Products for any use, including but not limited to developing your own programs and/or products or for any other purpose outside of this Agreement.

    4. You agree that all data you import onto the Website (including work submitted for feedback from the Company) may be used by the Company, in its sole discretion, for promotional purposes and to improve our Programs and/or Products without any remuneration to you. 

  11. INDEMNITY 

    1. A User hereby indemnifies the Company and its instructors, officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any data imported into the Website, the access and use of the Website, and/or any breach or alleged breach of this Agreement by the User.

    2. Should the Company, in its sole discretion, determine that the User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

  12. NO WARRANTIES AND LIMITATION OF LIABILITY 

    1. The Website is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials (or other information contained on the Website) will be correct, accurate, timely or complete.

    2. To the fullest extent permitted by law (including Australian Consumer law), the Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Website, including but not limited to any loss or damage arising from the lack of access to any Program, Products, User ID and/or other data provided to the Company, the termination or suspension of the User ID, any errors made in Checkout and/or any information provided to any User by the Company.

  13. ASSIGNMENT 

    1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.

  14. GOVERNING LAW AND JURISDICTION

     
    1. These Terms & Conditions and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Website shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, the User hereby submit to the jurisdiction of such courts for such purposes.

    2. Users are solely responsible for compliance with any applicable laws of the country from which they access the Website.

  15. GST

    1. All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated. 

  16. ENTIRE AGREEMENT 

    1. This Agreement shall constitute the entire agreement and understanding between the User and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of User and the Company with respect thereto.

    2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.