By using this website, you signify your consent to these terms and conditions. If you do not agree to these terms and conditions, please do not use this website.
In these terms and conditions, “we” “us” and “our” refers to VOICE IN MOTION. Your access to and use of all information on this website including purchase of our classes is provided subject to the following terms and conditions. We reserve the right to amend these terms and conditions at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.
Registered Users
1. To access the classes offered on this website, you must become a registered user. You must complete registration by providing certain information as set out on our registration page.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration you agree to pay for our classes as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
5. You may access the website as available; for your information and personal use, as intended through the normal functionality of the website.
Our Classes
6. Our classes are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD). We reserve the right to amend our prices at any time. If you have registered for a class, we undertake to fulfil your registration at the price listed at the time you registered.
Payment Terms
8. Full payment is required within 7 days of course commencement. If payment is not received by the date of the second class, it is understood that you do not wish to continue and you will cease to receive Zoom details.
Cancellations/Refunds
9. A full refund will be made if you advise us within 14 days of course commencement that you do not wish to continue. After 14 days of course commencement, no refund will be payable.
Class Descriptions
10. We strive to ensure that our classes are described as accurately as possible on our website. However, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
11. Images have been provided for illustrative purposes only, and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Participation
12. Our classes are conducted via the online platform Zoom. Participants of our classes may not share, give or sell the Zoom identification codes provided to them to any other person or entity. Excessive viewings or logins via multiple IP addresses by any participant may be construed by us as fraudulent use of the Website, which may result in the immediate cancellation of class registration without refund. When registering for a class, you agree to take all actions possible to protect your class Zoom ID from fraudulent use.
13. Fraudulent Use – VOICE IN MOTION reserves the right to cancel any class registration it believes has been compromised or is being used fraudulently, at its own discretion.
Health Disclaimer
14. You understand that the class instructor is a vocal coach and not a clinician. You understand that this class is not meant to replace clinical treatment, and that we are not qualified to diagnose or advise you of any medical conditions. You represent that you are enrolling in our classes for educational purposes only, to learn tools and techniques that may help you improve your vocal quality. All suggestions and comments relating to the exercises, moves and instruction are exactly that, suggestions, you are not obliged to do anything, and the actions that you carry out are undertaken at your election while partaking in our classes. Nothing contained in this website should be construed as any form of such medical advice or diagnosis. You understand that there is no guarantee of results,and agree that you will consult your doctor prior to enrolling in a class.
15. As a participant in our classes, you understand that vocal exercise involves physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities and to ensure that when participating in any content from VOICE IN MOTION, that you will not exceed your limits. You understand that it is your sole responsibility to determine if the content is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for an injury of any kind against VOICE IN MOTION, or any person or entity involved with VOICE IN MOTION.
Your Responsibilities
16. The website and classes were developed strictly for educational purposes. You understand and agree that you are fully responsible for your participation, progress and results from the classes and any information obtained from the website. VOICE IN MOTION makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that VOICE IN MOTION is not responsible for your results or any expenses that you may incur as a result of your purchase of and participation in a class or use of the website. VOICE IN MOTION assumes no responsibility for errors or omissions that may appear on the website or in a class.
Disclaimer Of Warranties
17. You agree that your use of the Website shall be at your sole risk. The Website and the classes are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, VOICE IN MOTION, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
18. VOICE IN MOTION makes no warranty that its classes will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the classes.
19. VOICE IN MOTION makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility for any:
a) errors, mistakes, or inaccuracies of content;
b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
d) any interruption or cessation of transmission to or from the Website;
e) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; and
f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
20. VOICE IN MOTION does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising and VOICE IN MOTION will not be a party to or in any way be responsible for monitoring any transaction between You and any third party providers of products or services.
21. As with the purchase of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where appropriate.
Termination or Suspension of Registration
22. You agree that we may at any time and for any reason terminate your access to our classes, or restrict or suspend your access to all or any part of the classes at any time, for any or no reason, with or without prior notice, and without liability.
Preservation/Disclosure
23. You acknowledge, consent and agree that we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of VOICE IN MOTION, its Members and the public.
Site Access
24. When you visit our website, we give you a limited licence to access and use our information for personal use.
25. You are not permitted to download copies of any video content on this website. You are permitted to download copies of the written information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
26. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
27. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
28. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only, and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
29. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
30. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us, or we have a licence to use those materials.
31. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us, or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Non-Commercial Use
32. Our classes may not be used in connection with any commercial purposes, except as specifically approved by VOICE IN MOTION. Unauthorised framing of or linking to any of the Website is prohibited and may result in termination of class registration.
Limitation Of Liability
33. To the fullest extent permitted by law including, but not limited to, the Australian Consumer Law, in no event shall VOICE IN MOTION, its officers, directors, employees or agent, be liable to you for any direct, indirect, incidental or consequential damages and VOICE IN MOTION, to the fullest extent permitted, excludes and restricts the application of all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and the exercise of any right conferred by any such provision.
34. You specifically acknowledge that VOICE IN MOTION shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
35. No communication of any kind between You and VOICE IN MOTION or a representative of VOICE IN MOTION shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms and Conditions.
36. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
Indemnity
37. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
38. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Privacy
39. We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to fulfil your request and provide to you the best possible customer experience. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. The information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Jurisdiction
40. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW, and you agree to submit to the jurisdiction of those Courts.
41. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Last Updated: 31 July 2021
Copyright © 2021 Voice in Motion - All Rights Reserved.
ABN: 88797740838
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