1.1 In these terms and conditions, the terms “we”, “us” and “our” are a reference to Liveschool, the owner and operator of this web site (Site).
1.2 These terms and conditions apply to the use of this Site (www.livechool.net and www.liveschool.com.au). In using this Site, you agree to be bound by these terms and conditions (Agreement). If you do no 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. USE AND COPYRIGHT
2.1 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;
2.2 We reserve all rights not expressly granted in and to the Site and Content.
2.3 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.
2.4 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.
3. STUDENT SUBMISSIONS
3.1 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.
3.2 You retain all of your ownership rights in your student submissions. However, by submitting the student submissions to us, you grant to us a worldwide, non-exclusive, royalty-free, license (able to be sublicensed and transferred by us) to use, reproduce, distribute, display, and perform the student submissions in connection with the Site and our business. You also hereby grant each user of the Site a non-exclusive license to access your student Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such student Submissions as permitted through the functionality of the Site and under this Agreement.
3.3 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.
3.4 We encourage you to contact us if you feel a student submission violates the below detailed rules.
3.5 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. (d) We does 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.
4.1 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.
4.2 We would like to inform our community of students and artists that the Liveschool website uses Paypal and/or an online merchant located in Australia to process your enrolments.
5. EXCEPTION TO DISCLAIMER
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.
6. SPECIFIC WARNINGS
6.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
6.2 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.
6.3 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.
7.1 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).
8. RESTRICTED USE
8.1 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. LINKED SITES
9.1 This Site may contain links to linked Sites. Those links are provided for convenience only and may not remain current or be maintained.
9.2 We are not responsible for the content or privacy practices associated with linked Sites.
9.3 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.
9.4 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.
‘10. YOUR PRIVACY RIGHTS
11. HOW WE HANDLE EMAILS
11.1 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.
12. SECURITY OF INFORMATION
12.1 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.
13. GOVERNING LAW
13.1 This Agreement is governed by the laws in force in the country 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.
14. CANCELLATIONS, NO-SHOWS, REFUNDS, AND RESCHEDULING
14.1 Course cancellation or date changes by Liveschool
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 refund and offer of credit transfer to an alternate course of equal value where possible.
14.2 Non-Attendance, Cancelling, Postponing or Transferring your course, module, class, or private lesson.
Providing enough notice
If you are booked for a course or module you may cancel your purchase and request a refund or transfer for another scheduled Liveschool course if we receive this request with at least 31 days notice prior to the course start date. This is to allow us sufficient time to re-sell your seat so as not to cause loss of income by Liveschool owing to your change in circumstances. Any cancellation, postponement or transfer requests made within 31 days of your module starting are invalid.
If you miss a class, with notice or without providing notice, Liveschool accepts no liability or obligation to provide you with a replacement lesson, extra assistance or any other form of compensation. You will still be provided with all class materials and we will endeavour to make your class materials available to you for collection at our earliest convenience.
If you are booked for a private lesson of 3 people or less you may cancel a scheduled appointment for a private lesson if we receive this request with at least 24 hours notice. This is to allow us sufficient time to cancel the scheduled trainer so as not to cause loss of income by either the Trainer or Liveschool owing to your change in circumstances.
If you are booked for a private lesson of 4 people or more you may cancel a scheduled appointment for a private lesson if we receive this request with at least 6 days notice. This is to allow us sufficient time to cancel the scheduled trainer and their class-preparation time so as not to cause loss of income by either the Trainer or Liveschool owing to your change in circumstances.
Acceptable methods of request
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 the section “Providing Enough Notice” and only by one of the following methods:
By Email to: (email@example.com) providing your name, class dates or course affected, and return contact details.
In person, by appointment at our business address: 159 Brougham Street, Woolloomooloo, NSW 2011 Australia.
By phone: +61 (0) 2 8065 6913 – please request to speak to someone in Student Support.
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
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.
Any paid fees or scheduled instalments are non refundable or transferable when the request for cancellation, postponement, fee refund or credit transfer is made any later than the timeframes outlined in “Providing enough notice” and / or submitted by any methods not listed as acceptable in the section “Acceptable methods of request”. Liveschool will try to the best of our abilities to accommodate your needs but is in no way shape or form liable for your inability to attend the scheduled course if your requests do not meet our terms.
14.3 Processing of refunds
All refunds may take up to thirty-one (31) days to process.
15. INSTALLMENT PLANS
15.1 Instalment plan agreement
By participating in an installment plan for any course or program, you hereby authorize 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.
15.2 Late or defaulted payments for Instalment plans
If you are on an instalment plan, all future payment instalments must continue to be paid on the specified payment dates. If your instalment payment fails, Paypal will try again automatically to collect your instalment by the end of 3 business working days. Paypal will try again by the end of 5 business working days and If this attempt to debit your account is unsuccessful, Paypal automatically cancels your Instalment Plan. When your instalment plan is cancelled by Paypal your seats for your remaining Liveschool courses will be re-listed online for sale.
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.
If you are late more than twice on your instalments and / or are more than one month overdue with your instalments, Liveschool reserves the right to remove you from your course and re-sell your seat. Under these circumstances, Liveschool will make good faith efforts to provide a one-time rollover for your enrollment into a subsequent date that your course may be offered, but Liveschool makes no representation whatsoever that any course will be offered at any particular time again in the future.
15.3 Suspending your instalment plan
If a student is unable to make their monthly instalment on time, they may suspend their payment for the maximum of one month. If you cannot re-activate your instalment plan after suspending your payments for one month then Liveschool reserves the right to remove you from the course and re-list your seats online for all future courses you had scheduled. Similarly, if you need to suspend your instalment plan more than twice Liveschool reserves the right to remove you from the course and re-list your seats online for all future courses you had scheduled.
A student may only continue their study here at Liveschool whilst their instalment plan is suspended if the current course they’re attending is already covered by their previous instalments.
To suspend your monthly instalment plan please contact Liveschool in accordance with the “Acceptable methods of request” outline in 14.2 b)
15.4 Instalments due when students cancel or are ejected whilst on an Instalment plan.
If you are on an instalment plan and due to 15.2 “Late or defaulted payments for Instalment plans resulting” you are ejected from or cancel your own course at Liveschool then you may still be liable for the public enrolment fee of your next upcoming module depending on the start date of that module.
When the start date of your upcoming module is within 31 Days:
If your defaultment and subsequent ejection from the course occurs within 31 days of your next module then all students will be liable for that modules public enrolment fee as per the conditions outlined here and in 14.2 a) (i)
If you are on an instalment plan and are ejected from or cancel your own course at Liveschool within 31 days of your next module but have enough credit remaining from your previous instalments to cover your next modules enrolment fee then the upcoming modules public enrolment fee will be deducted from your credit with Liveschool and the remaining credit on your instalment plan will be refunded back to you within 31 days at no extra cost.
The start date of your upcoming module is 31 Days or more in the future: All students will not be liable for any module or course fees 31 days or more in the future from the date they are ejected or cancel their course.
Due to small class sizes and limited amount of space we are unable to offer holds on any courses at any time.