Terms & Conditions

1. INTRODUCTION

1.1 In these terms and conditions, the terms “we”, “us” and “our” are a reference to Adam Peter Maggs (ABN 83 297 719 262) trading as Liveschool, the owner and operator of this web site (Site).

1.2 These terms and conditions apply to the use of the Site (www.livechool.net and www.liveschool.com.au and any subdomains) and any contents delivered by it. In using this Site, you agree to be bound by these terms and conditions (Agreement). If you do not accept this Agreement, you should refrain from using the Site.

1.3 We may modify this Agreement from time to time and notice of revisions to this Agreement will be posted here. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.

1.4 Access to this Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination

2. REGISTRATION OF INFORMATION

2.1 In order to apply for enrolment at Liveschool, you are required to register your information with Liveschool. Without limiting the registration details we may require, you acknowledge that we may require you to provide us with:

• a personal profile including your full name;
• an email address;
• the details of a valid card and/or bank account; and
• verification of your address details (eg. A passport and/or drivers licence)

the above together (the Enrolment Registration)

2.2 We reserve the right to refuse or cancel your enrolment, access or membership for any reason in our sole discretion.

2.3  You must ensure that all details you provide to complete Enrolment Registration on this Site are current, correct and complete at time of registration. You undertake that such registered details remain current, correct and complete each time you subsequently use this Site or the services offered on this Site. You must promptly advise us of any changes to your information provided to us as part of the user registration process.

2.4.  We will not accept any request for Enrolment Registration that we suspect is being made by or on behalf of a person who has been suspended from this Site for breach of these Terms and Conditions or has been suspended as a user of another website for vexatious, illegal or inappropriate use of the Site.

2.5 Once you have completed your Enrolment Registration, your user account is created (User Account) 

2.6  We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

2.7 You do not need to register a User Account to access and browse this Site.

3. USE AND COPYRIGHT

3.1 In using the Site and any Liveschool intellectual property, you must not, without Liveschool’s express written consent:

1. decompile, reverse engineer, disassemble, convert or authorise any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Platform to a human perceivable form; 
2. distribute or republish any element of the Site in any way; 
3. resell, rent, lease, licence or lend any element of the Site; 
4. defeat, disable or circumvent any security feature of the Site; 
5. transfer any element of the Site to any third party;
6. use any data mining, robots, crawling, scraping, catching or similar data gather or extraction methods;
7. register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; or
8. sell, licence, lease or in any way seek to commercialise any component of the Site or Liveschool intellectual property without specific written authorisation from Liveschool. 

3.2 Copyright in this Site, which includes text, images, videos, animation and audio files is owned by us or our licensors (Content). You may retrieve and display content from this Site on a computer screen, print individual pages on paper and store such pages in electronic form on disk for your own non-commercial, personal use. Other than for such purposes and you may not, without our written permission, in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or (b) commercialise any information, products or services obtained from any part of this Site;

3.3 We reserve all rights not expressly granted in and to the Site and Content.

3.4 You are responsible for your use of the Site. and agree not to:   (a) use any obscene, indecent or offensive language;   (b) place on the Site any material that is false, misleading, defamatory, abusive, harassing or hateful;   (c) place on the Site any material that is encrypted, constitutes junk mail or unauthorised advertising, invades a person’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation;   (d) use the Site for unlawful purposes and you acknowledge that such unlawful use may result in civil and criminal liability.

3.5 We do not warrant that we review all media content which includes text, images, videos, animation and audio files before it appears on the Site. We operate a ‘notice and take-down’ policy which means if we notice or are made aware of any content that contravenes this Agreement, we reserve the right to remove the specified content. Any such complaint should be directed in writing to Liveschool, Sydney.

4. STUDENT SUBMISSIONS

4.1 We permit the submission of videos or other communications submitted by Liveschool students (Student Submissions) and the hosting, sharing, and/or publishing of such Student Submissions. Student Submissions are made at your own risk and we do not guarantee confidentiality of any such material, even if unpublished on this Site. You are solely responsible for your own Student Submissions and the consequences of posting or publishing them to this site. In connection with Student Submissions, you represent, and/or warrant:   (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use the Student Submissions to enable inclusion and use of the Student Submissions in the manner contemplated by the Site and this Agreement; and   (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Student Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Student Submissions in the manner contemplated by the Site and these this Agreement.

4.2 Wherever possible we will notify you whenever we use any of your Student Submissions.

4.3 We do not warrant that we review every Student Submission before it appears on the Site. We operate a ‘notice and take-down’ policy which means if we notice or are made aware of a Student Submission that contravenes this Agreement, we reserve the right to remove the Student Submission. Any such complaint should be directed in writing to Liveschool, Sydney.

4.4 We encourage you to contact us if you feel a Student Submission violates the below detailed rules.

4.5 In connection with Student Submissions, you agree that you will not:   (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;   (b) publish misleading or inaccurate material or misrepresentations that could damage us or any third party;   (c) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;   (d) post advertisements or solicitations of business;   (e) impersonate another person.   

4.6 We do not endorse any opinion, recommendation, or advice expressed in a Student Submission, and we expressly disclaim to the extent allowable in law to any and all liability in connection with Student Submissions.

5. DISCLAIMER

5.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this or any linked Site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site or any linked Site.

5.2 We would like to inform our community of students and artists that the Liveschool Site uses Paypal, Stripe and/or an online merchant located in Australia to process your enrolments.

6. EXCEPTION TO DISCLAIMER

6.1 The disclaimers set out in this Agreement do not attempt or purport to exclude liability in relation to any term implied by law which cannot be lawfully excluded.

7. SPECIFIC WARNINGS

7.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

7.2 You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this Site or any linked Site.

7.3 Whilst we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.

8. TRADEMARKS

8.1 Except where otherwise specified any word or device to which is attached the TM or ™symbol is a registered trademark.   (a) If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:   (b) in or as the whole or part of your own trade marks;   (c) in connection with activities, products or services which are not ours;   (d) in a manner which may be confusing, misleading or deceptive;   (e) in a manner that disparages us or our information, products or services (including this Site).

9. RESTRICTED USE

9.1 Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. Without limiting the foregoing, you may not without our written permission on-sell or otherwise commercialise information obtained from this Site.

9.2 We reserve the right to suspend or cancel a User Account if we determine in our sole discretion these terms have been breached by you.

9.3 User Accounts must be registered in your own name and not in the name of any other person. We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user logins which are the same as or similar to existing user logins or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and logins which infringe copyright, contain brand names, company names or registered trademarks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another living person.

9.4 We will not accept any request to register a User Account that we suspect is being made by or on behalf of a person who has been suspended from this Site for breach of these Terms and Conditions or has been suspended as a user of another Site for vexatious, illegal or inappropriate use of the Site.

9.5 You must not have more than one active user account, and your User Account is non-transferrable. You may update, edit or terminate your user account at any time on this Site. We may lock, suspend or close your user account or remove your access to this Site at any time without prior notice to you or cease making this Site or any other goods or services offered on this Site available to you at any time.

10. LINKED SITES

10.1 This Site may contain links to linked Sites. Those links are provided for convenience only and may not remain current or be maintained.

10.2 We are not responsible for the content or privacy practices associated with linked Sites.

10.3 Our links to linked Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those linked Sites, or for any information, graphics, materials, products or services referred to on those linked Sites.

10.4 Unless stated otherwise on this Site, we have:   (a) no relationship with the owners or operators of linked Sites; and   (b) no control over or rights in linked Sites.

11. YOUR PRIVACY RIGHTS

11.1 The information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy. The Privacy Policy does not apply to third party sites

11.2 In accordance with our Privacy Policy, we would only use or disclose personal information that you have provided to us or which we have obtained about you if:   (a) you have authorised us to do so;   (b) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;  (c) to pass on to debt recovery agents or credit reporting bodies if necessary; (d) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or any agency responsible for national security in the performance of their functions; or   (e) we are authorised, required or permitted by law to disclose the information.

12. HOW WE HANDLE EMAILS

12.1 We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

13. SECURITY OF INFORMATION

13.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14. GOVERNING LAW

14.1 This Agreement is governed by the laws in force in New South Wales, Australia and you agree to submit to the exclusive jurisdiction of its Courts. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

CANCELLATIONS, NO-SHOWS, LATENESS, REFUNDS, AND RESCHEDULING

Course cancellation or date changes by Liveschool

15.1 All courses are subject to change or cancellation by Liveschool. In the event that a Module or Course is cancelled or your class dates are changed by Liveschool, all students in that course are eligible for a full or pro-rated refund of each module and offer of credit transfer to an alternate intake for remaining class dates of equal value where possible.

Non-Attendance, Cancelling, Postponing or Transferring your course, module, class, or private lesson

15.2 If you have enrolled in a course and you cancel by giving us notice 31 or more days before the course start date, you will be refunded in full.

15.3 If you are enrolled in a course and there are fewer than 31 days before the course start, or the course has commenced, the following conditions apply:

• A $1,000 breakout fee is required for course cancellations.
  • If you’ve paid your fees in full and upfront: This fee will be deducted from your refund.
  • If you’re on the Liveschool instalment plan: This fee will be added to your remaining instalments.
• If a module is set to begin within 31 days of your cancellation notice, the fees for that module must be paid.
  • If you’ve paid your fees in full and upfront: The fee for this module will be deducted from your refund.
  • If you’re on the Liveschool instalment plan: The fee for this module will be added to your remaining instalments.
• If you’re using a third-party instalment plan: The terms of your agreement with that service provider will override the terms in this clause.

15.4 If you miss a class, whether you’ve given notice or not, Liveschool assumes no liability or obligation to provide a replacement lesson, extra assistance, or any other form of compensation.

15.5 If you wish to reschedule after the course has started, you must provide no less than 31 days notice before the beginning of your next module. Otherwise, you will be required to pay the Break Out Fee to secure your seat for the next module, and you’ll be placed on a short-notice waiting list for that and any subsequent modules.

15.6 If you aim to reschedule after the course has started and are on an instalment plan, you must continue with your instalment repayments. You need to give no less than 31 days notice before the start of your next module, or you will have to pay the Break Out Fee to hold your seat for the next module. You will then be placed on a short-notice waiting list for that and any remaining modules, with no assurance of when these will become available.

15.7 If you arrive late without prior notice or are consistently late (e.g., more than 20 minutes late for three consecutive sessions), you may be denied entry to that class. If you are habitually disruptive or consistently late, your course may be cancelled, and Liveschool will retain your initial deposit and the Break Out Fee from any payments made.

Acceptable methods of request

15.8 To make a valid request for cancellation, suspending, fees refund or credit transfer your request must be received by Liveschool within the timeframes outlined in this section and only by one of the following methods:

(1) By Email to: (support@liveschool.net) providing your name, class dates or course affected, and return contact details.

(2) In person, by appointment at our business address: Top Level, 259 Riley St, Surry Hills, NSW 2010 Australia.

Social media and any forms of communication or points of contact not outlined here will not be considered invalid forms of request or notice.

Refunds and credit transfers

15.9 All valid requests (made within accepted timeframes and made by acceptable methods of request outlined above) will automatically be entitled to a full refund for fees already paid, and cancellation of any subsequent scheduled instalments. We reserve the right to offer credit transfers to other courses or intakes and will endeavour to assist you with this, free of charge.

15.10 All refunds may take up to thirty-one (31) days to process.

16. INSTALLMENT PLANS

Instalment plan agreement

16.1 By participating in an instalment plan for any course or program, you hereby authorise Liveschool to automatically charge your credit or debit card on the scheduled payment dates. Installment plan participation constitutes a legal and binding promise to pay all course fees when due. Liveschool reserves the right to send overdue payments or refusal of payments to a collection agency.

16.2 It is at our discretion who we offer to, or deem eligible to participate in, an instalment plan for any course or program. 

Late or defaulted  payments for Instalment plans

16.3 If your instalment payment fails the relevant online merchant will automatically attempt to collect your instalments in accordance with it’s own procedures and if these attempts to debit your account are unsuccessful, the online merchant will automatically cancel your Instalment Plan and the Break Out Fee will be payable. 

16.4 To resume your studies we will need to create you a new instalment plan which results in you incurring a fifty dollar AUD ($50.00 AUD) Liveschool administration fee.

16.5 Outstanding payments and/or debts will be forwarded to a collections agency to process the debt. For non-payment of debts Liveschool reserves the right to report you to the relevant credit reporting body. 

16.6 Due to small class sizes and limited amount of space we are unable to offer holds on any courses at any time.

17. INDEMNITY

17.1  You agree to indemnify the Liveschool against all liabilities, costs, expenses, damages and losses including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs calculated on a full indemnity basis (and all other professional costs and expenses) arising out of your breach of this Agreement.

18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

18.1 The Site is provided without warranties of any guarantee that the Site will be secure or free from bugs, errors, omissions, viruses, Trojans or the like.

18.2 You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.

19. LIMITATION OF LIABILITY*

19.1 We do not exclude or limit our liability to you where it would be unlawful to do so.

19.2 This clause sets out the entire financial liability of Liveschool (including any liability for the acts or omissions of its employees, agents and sub-contractors):

1. arising under or in connection with this Agreement; and
2. in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

19.3 Except as expressly and specifically provided in this Agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement.

19.4 Nothing in this Agreement excludes the liability of the Liveschool:

1. for death or personal injury caused by the Liveschool’s negligence;
2. for fraud or fraudulent misrepresentation; or
3. for breach of your legal rights.

19.5 In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

1. the content you provide (directly or indirectly) using the Site;
2. your use of or your inability to use our Site;
3. pricing, offers or other guidance provided by the Site;
4. delays or disruptions on our Site;
5. viruses or other malicious software obtained by accessing or linking to the Site;
6. glitches, bugs, errors, or inaccuracies of any kind in our Site; 
7. damage to your hardware device from the use of the Site;
8. the content, actions, or inactions of third parties, including items listed using our Site or the destruction of allegedly fake items;
9. a suspension or other action taken with respect to your account or breach of this Agreement;
10. the duration or manner in which your listings appear in search results; or 
11. your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms & Conditions or our policies.

19.6 You agree that you are making use of our Site at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

19.7 Under no circumstances will Liveschool be responsible for any damage or loss due to hacking or other unauthorised access or use of the Site or the information contained therein.

19.8 If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

20. TERMINATION

20.1 Violation of these Terms and Conditions or Privacy Policy may, in Liveschool’s sole discretion, result in termination of your User Account and/or enrolment with Liveschool. You understand and agree that Liveschool cannot and will not be responsible for the any content posted on the Site and you use the Site at your own risk. If you violate the terms of the Site, or otherwise create risk or possible legal exposure for Liveschool, we can stop providing all or part of the Site to you.

1. CONSEQUENCES OF TERMINATION
   1. On termination of this Agreement for any reason:

1. 1. 1. all licences and benefits granted under this Agreement shall immediately terminate (save for as set out below);
      2. each party shall return and make no further use of any equipment, property, materials and other items (and all copies of them) belonging to the other party;
      3. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced;
         

21. FORCE MAJEURE

21.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

22. WAIVER

22.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy save for where expressly set out in this Agreement. Nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

23. SEVERANCE

23.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

24. ENTIRE AGREEMENT

24.1 This Agreement together with any amendments and any documents or policies referred to hereon in shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

25. ASSIGNMENT

25.1 This Agreement, and any rights and licences granted herein under, may not be transferred or assigned by you without the prior written consent of Liveschool.

25.2 Liveschool may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.

26. NO PARTNERSHIP OR AGENCY

26.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

27. NOTICES

27.1 Liveschool may provide notifications whether required by law, some other business related purpose connected with this Agreement.

27.2 Liveschool reserves the right to determine the form and means of providing notifications to Users and is not responsible for any filtering you or your network provider may apply to email notifications we send to the email address you provide us.

28. COOKIES

28.1 As a result of viewing this Site some information may become stored on your computer. This information may be in the form of a ‘cookie’ or similar file which may help us in many ways, for instance to improve the content of this Site or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Site you consent to our use of any information gathered for the purposes mentioned above. Cookies are however required to use password protected parts of this Site.