This document sets out the terms and conditions which apply to participation in Milana Music Studio. By submitting an Enrolment Form, the Customer agrees that they have read, understood and will be bound by these Terms.
1 Definitions & Interpretation
In these Terms, the words below have the following meanings:
Agreement has the meaning provided to it in clause 2.2. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 and any equivalent State or Territory legislation.
Business Day means any day except a Saturday, Sunday or public holiday.
Consequential Loss means:
(a) loss of reputation, loss of revenue, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
(b) any indirect, special, or consequential loss.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Customer means the Customer named in the Enrolment Form, being the parent or legal guardian of the Student or a person who has authority from the parents or legal guardians of the Student to enter into the Agreement.
Due Date means any date by which payment of the Fees is required to be made by the Customer, as described in clause 3.1.
Enrolment Form means the form for enrolment submitted by the Customer to Milana Music Studio – including through the website located at [www.milanamusic.com.au].
Fees means the Tuition Fees, the Materials Fees and any other fees, as specified at [www.milanamusic.com.au].
Tuition Fees means the fees payable by the Customer for the Tuition Services, as specified at [www.milanamusic.com.au].
Materials Fees means the fees payable by the Customer for the Learning Materials – if specified at [www.milanamusic.com.au]. Any Material Fees incurred are non-refundable.
Tuition Services means the services provided by Milana Music Studio in respect of the participation by the Student in the Lessons which are to be provided during the Term, Semester or Year, as specified in the Enrolment Form.
Learning Materials means the books, sheet music, workbooks, instruments and any other training or educational information or materials supplied to the Student by Milana Music Studio.
Lesson means a selected session to be attended by students during which the Lesson is taught to the Student and which is to be held at the Premises.
Student means the person set out in the Enrolment Form.
Term, Semester, Year means the period of academic time set out in the Enrolment Form during which the Lessons are provided.
Loss means any loss, liability, cost, charge, expense, damage, penalty, or payment however arising and includes Consequential Loss.
New Customer means a Customer named in the Enrolment Form, being the parent or legal guardian of the Student or a person who has authority from the parents or legal guardians of the Student to enter into the Agreement, who has not previously enrolled with Milana Music Studio.
Notification means communication by the customer to Milana Music Studio via accepted channels. The accepted channels are via phone 0435 443 661 or via email [email@example.com].
Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all extensions and renewals.
Payment Facility means any credit card, bank card, bank account or other payment facility, details for which are provided by the Customer to Milana Music Studio in connection with the payment of the Fees.
Policies means any policies which Milana Music Studio notifies the Customer from time to time – which notification may be provided by Milana Music Studio making the relevant policies accessible at [www.milanamusic.com.au].
PDH Goods or Services means goods or services which, for the purpose of the Australian Consumer Law, are of a kind ordinary acquired for domestic, household or personal use or consumption.
Premises means the premises where, from time to time, the Lessons will be held as set out in the Enrolment Form or as otherwise notified by Milana Music Studio to the Customer from time to time.
Re-enrolment means the process of re-enroling the Customer named in the Enrolment Form, being the parent or legal guardian of the Student or a person who has authority from the parents or legal guardians of the Student to enter into the Agreement, who has previously been enroled with Milana Music Studio.
Terms means these Terms and Conditions.
2 Formation of Agreement
2.1 The Customer acknowledges and agrees that by submitting the Enrolment Form the Customer has made an irrevocable offer to Milana Music Studio in order to receive the Tuition Services and Learning Materials -(if applicable) on the terms of these Terms and the Enrolment Form.
3 Fees & Payment
3.1 The Fees must be paid to Milana Music Studio by the Customer:
(a) within 10 days – from the day of submission of the Enrolment Form – (for the current Term – in full);
(b) within 10 days – from the beginning of new Term – (in full); or
(c) if Milana Music Studio has agreed in writing to allow the Customer to make payment of the Fees in a number of instalments throughout the Term, on the due date or due dates agreed by Minala Music Studio.
3.2 If the Customer fails to make any payment within 10 days from the day of submission of the Enrolment Form or within 10 days from the beginning of new Term – Milana Music Studio may, charge the Customer:
(a) interest (both before and after any judgement) calculated on the Australian Reserve Bank Cash Rate (at the time) plus a 5% penalty on the unpaid amount from the Due Date – until Milana Music Studio receives payment of all such amounts (including all interest) by way of cleared funds;
(b) any reasonable costs incurred by Milana Music Studio in recovering the overdue amounts from the Customer;
(c) Milana Music Studio may debit the relevant instalment of the Fees from the Payment Facility at any time from the Due Date for the payment of the relevant Fees; and
(d) Milana Music Studio may set off any amount it may owe the Customer under the Agreement (including any refund or credit) against any amount that the Customer owes.
3.3 Without limiting Milana Music Studio’s rights under clause 3.2, if the Customer fails to make any payment by the Due Date – (within 10 days from the day of submission of the Enrolment Form or within 10 days from the beginning of new Term) – Milana Music Studio may:
(a) terminate the Agreement and cease providing the Tuition Services to the Customer.
4 Provision of Tuition Services & Learning Materials
4.1 Milana Music Studio will provide the Tuition Services and deliver the Learning Materials -(if applicable) to the Customer during Lessons.
4.2 The Customer acknowledges that it is a condition of the Tuition Services that the Customer acquire the Learning Materials from Milana Music Studio – (unless otherwise agreed by Milana Music Studio).
4.3 Siblings must not attend any Lesson which the Student attends unless that sibling is also a student to whom Milana Music Studio is providing tuition services – (unless otherwise agreed by Milana Music Studio).
4.4 If a Student does not attend any Lesson: The customer must notify Milana Music Studio at least 24 hours prior to the Lesson – otherwise the Customer will be charge the Tuition Fees. The maximum number of approved absences per Term is – 2 lessons. The accepted channels for notification are via phone 0435 443 661 or via email [firstname.lastname@example.org].
4.5 If Milana Music Studio cancels a lesson under clause 4.4, Milana Music Studio reserved the right to re-schedule the lesson during the Term (if Milana Music Studio does not re-schedule the Lesson it will refund to the Customer an amount equal to the Lesson Fee).
5.1 Milana Music Studio acknowledges that, as a Consumer, the Customer may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods or Services supplied by Milana Music Studio under the Agreement and nothing in these Terms or the Agreement should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
5.2 If the Customer makes a claim against Milana Music Studio in connection with the Agreement (including in connection with the Tuition Services or the Learning Materials) which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee, Milana Music Studio expressly limits all liability to an aggregate amount equal to the Fees paid by the Customer to Milana Music Studio under the Agreement in respect of the relevant Lessons.
5.3 Subject to clause 5.1, Milana Music Studio shall not be liable to the Customer in any circumstances for any Consequential Loss that may be suffered or incurred by the Customer in connection with the Agreement or the provision of the Tuition Services or the Learning Materials.
6 Intellectual Property
6.1 The Customer acknowledges and agrees that as between the Customer and Milana Music Studio, Milana Music Studio owns all of the Intellectual Property Rights in the Learning Materials, materials created as part of the Tuition Services and any other Intellectual Property Rights owned by or licensed to Milana Music Studio and nothing in these Terms or the Agreement grants the Customer or Student any ownership of, or rights in respect of, any Milana Music Studio IP.
6.2 The Customer agrees that it must not, and must ensure that the Student does not:
(a) infringe or use the Intellectual Property Rights of Milana Music Studio or any other third party which exist in the Learning Materials or materials created as part of the Tuition Services for anything other than for the sole purpose of using the Learning Materials; and
(b) use the Learning Materials for any purpose other than participating in the Lessons.
6.3 Except as expressly permitted under these Terms, the Customer must not, and must ensure that the Student does not: re-use, copy, reproduce or publish the Learning Materials.
7 Acknowledgements & Warranties
7.1 The Customer acknowledges that:
(a) the Student is required to attend all of the Lessons during the selected Enrolment Period, as described in clause 8.1;
(b) Milana Music Studio will provide instruments for the use of Students during the Lessons;
(c) the Student will need to use their own instruments for the purposes of undertaking additional practice outside of the Lessons;
(d) the Student is expected to undertake additional practice, including assigned homework, outside of the Lessons and in their own time; and
(e) the Student may not obtain the full benefit of the Tuition Services if they – do not attend all of the Lessons or do not undertake additional practice outside of the Lessons.
7.2 The Customer represents and warrants to Milana Music Studio that:
(a) it is the parent or legal guardian of the Student or it has the authority of the parent or legal guardian of the Student to enter into the Agreement;
(b) the information set out in the Enrolment Form and submitted by the Customer to Milana Music Studio is true and correct;
(c) it understands that Milana Music Studio does not provide any warranties that participation in the Lessons will have any particular outcome, benefit or result for the Student; and
(d) it has read and understood these Terms prior to submitting the Enrolment Form, and agrees to be bound by them in full.
8 Enrolment Period
8.1 Milana Music Studio provides the Tuition Services within the following academic periods: Term, Semester and Year. The period must be selected by the Customer in the Enrolment Form.
9 Withdrawal of Student & Termination by Customer
9.1 The Customer may withdraw the Student from Milana Music Studio and terminate the Agreement at any time by written a two week preliminary notice to Milana Music Studio.
9.2 If the Customer provides the written – two week preliminary notice to Milana Music Studio under clause 9.1:
(a) The customer will be liable for the Tuition and Material Fees – for the undertaken lessons. Milana Music Studio will refund any further charges to the customer.
(b) Any Fees which have not yet been paid by the Customer to Milana Music Studio will immediately become due and payable.
10 Termination by Milana Music Studio
10.1 Without limiting Milana Music Studio’s other rights under these Terms, Milana Music Studio may terminate the Agreement with immediate effect by written notice to the Customer:
(a) at any time prior to the commencement of lessons;
(b) at any time if Milana Music Studio is prevented from providing the Tuition Services because of any event arising from, or attributable to: acts, accidents, events or circumstances beyond its control;
(c) in accordance with clause 3.3 (a).
11 Effect of Termination
11.1 Upon termination of the Agreement:
(a) Milana Music Studio may retain all of the Fees and any Fees which have not yet been paid will immediately become due and payable;
(b) Milana Music Studio is released from its obligations to provide the Tuition Services; and
(c) each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
12.1 If the Customer wishes to re-enrol the Student or add the different category of lessons – the Customer must submit the (New) Enrolment Form.
13.1 Milana Music Studio may cancel a Lesson where Milana Music Studio believes (for any reason) that it will be unable to supply the Tuition Services during the Lesson.
13.2 If Milana Music Studio cancels a lesson under clause 13.1, Milana Music Studio reserved the right to re-schedule the lesson during the Term (if Milana Music Studio does not re-schedule the Lesson it will refund to the Customer an amount equal to the Lesson Fee).