Terms and Conditions
TERMS AND CONDITIONS OF USE
Welcome to vocalalchemy.com.au ("the Site") which is owned or operated by Vocal Alchemy Pty Ltd ("Vocal Alchemy"). Please carefully read the following Terms and Conditions as by accessing or using the Site you signify that you have read, understood and agreed to be bound by these Terms and Conditions as amended from time to time whether or not you are a registered member of the Site. If you do not so agree you should immediately exit the Site.
Where the expression "we" or "us" appears this shall be deemed to mean "Vocal Alchemy".
4. Personal and Non-Commercial Use Only –Use of the Site is for your personal and non-commercial use only. You may accordingly download materials from the Site solely for your own personal use. You accordingly further agree that you will not:
· modify, copy, distribute, transmit, display, reproduce, publish or license any material from the Site without our express written consent;
· use or attempt to use any part of the Site to create any third party website or publication;
· mirror or frame any page within the Site;
· use any part of the Site for any purpose that is unlawful or prohibited by these Terms;
· [data mining, robuts, screen scraping or similar data gathering]
· remove or amend any trade mark, copyright or other proprietary notice on the Site.
3. Registration –To become a Vocal Alchemy member (and in particular to become a Vocal Alchemy subscriber) you need to register using the relevant provisions of the Site. When registering you must fill in all mandatory fields with true, accurate, current and complete information about yourself and maintain and promptly update this information to keep it true, accurate, current and complete.
4. Security –You are responsible for maintaining the confidentiality of any password and username adopted by you when registering on the Site and are accordingly responsible for any activities that occur as a result of the use of your password or username. You are required to immediately advise us of any actual or suspected unauthorised use of your password or username.
5. Copyrights and Trade Marks –All trade marks and copyright rights in the text, images, photographs, graphics and other content of the Site are owned by Vocal Alchemy or its third party licensor. Accordingly any reproduction, copying or other dealing with the content is strictly forbidden.
6. User Communications and Content – We may provide you with the ability to communicate with us and/or other parties accessing the Site in which case all such communications that you transmit or post to the Site will be regarded as non-confidential and non-proprietary. Although we make no claim to ownership of any of such communications you agree to grant us a free license in perpetuity to copy, disclose, distribute and use any such communications transmitted by yourself for all commercial or non-commercial purposes without compensation.
In communicating with us you agree not to do any of the following:
· transmit any information or material which is knowingly incorrect, misleading, deceptive, defamatory or unlawful;
· use the Site for any unlawful purpose;
· post or upload files that contain viruses, corrupted files or any other similar software programs that may damage the Site or the operation of any other party's computer;
· offer to sell any goods or services, conduct surveys, contests or chain letters other than with our express approval.
You understand and agree that we may accordingly use or disclose any information related to you or transmitted by you to the Site in order to investigate, prevent or take action regarding activities that may be prohibited or unlawful, to protect our rights and property or to otherwise exercise any legal rights available to us.
7. Refunds - If you feel a refund is due to you, please contact Vocal Alchemy’s support department and request a refund. Vocal Alchemy.com.au will only process a refund request received within 30 days of the original billing date. Vocal Alchemy.com.au will not refund subscriptions that have been used within the 30 day refund period. A subscription is deemed in use if you have viewed videos in the online lesson library during the subscription term.
8. Third Party Content and Linked Third Party Websites – We may provide links and pointers to other internet sites property of third parties from the Site. You acknowledge that any third party sites are not under our control and accordingly we are not responsible for any contents of any third party sites or any linked site and that accordingly the links are provided to you only for convenience and does not in any way imply an endorsement by us of any third party site. You accordingly agree that we will not be liable for any damages or loss arising in any way out of or in connection with any information or third party services provided by any third party to you.
9. Subscriptions –You confirm that before agreeing to any Subscription available on the Site that you have carefully considered your election to undertake such subscription, that you have not in any way been induced to take up such subscription other than as a result of material on the Site and that no refund is provided once a subscription has been elected and payment made.
As a subscriber to the Site we acknowledge your right to access by way of streaming any lesson ("Lesson") as part of your subscription as many times as you would like but you agree that at no time will your download entitlement extend to the storage of a permanent copy of a Lesson on any computer used to access the Site including storage on any hard drive, removable device or any other media whatsoever.
10. Use of Data –You agree that for both for our internal and external marketing purposes that we may collect, process and transmit data obtained from and about you in the course of your accessing the Site.
11. Limitation of Liability– In no event will we be liable for any direct, incidental, financial or special damages arising out of your access, use or inability to use the Site or any linked sites or in connection with any failure of performance, error, omission, interruption, defect, virus or system failure arising directly or indirectly out of your use of the Site. The said limitations shall however at all times be limited to the extent permitted by law.
12. Termination –We reserve the right in our sole discretion to terminate your access to and use of the Site with or without notice.
13. General Provisions –
· If any part of this agreement is held invalid that part shall be severed from the agreement and the remainder will continue to be valid and enforceable;
· Termination of this agreement will not end those provisions that are capable of surviving such termination;
· The laws governing this agreement will be the laws in Victoria, Australia and any dispute will be submitted to the exclusive jurisdiction of the relevant court sitting in Victoria;
· It is understood that the Site is provided on an "as is, as available" basis;
· Any concerns or questions as to the operation or content of the Site should be addressed in first instance by email to firstname.lastname@example.org