- MyMusician Website is owned and operated by MyMusician Pty Ltd (ACN) 623 691 935.
- In this agreement the following terms are defined as follows:
- “Intermediary” refers to the relationship between Teachers and Students where MyMusician acts as an intermediary by introducing Students to Teachers.
- "Teacher" refers to any person offering music lessons via the Website, including services as a music teacher on an ad hoc, casual or regular basis.
- "Student" refers to any person(s), or family requesting music lessons via the Website and includes the parents, guardians or Teachers of a child or any other person using the Website to find a Teacher.
- “Intellectual Property” means all industrial and intellectual property rights of whatever nature throughout the world conferred on MyMusician under statute, common law or equity, whether existing now or at any time in the future in relation to the Website or otherwise;
- all rights belonging to MyMusician in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;
- concepts, ideas, methods, methodologies and business methods developed in relation to the Website;
- the copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b);
- any invention, discovery, or right to apply for a patent, trade mark or designany invention, discovery, or right to apply for a patent, trade mark or design in relation to anything referred to in paragraphs (a), and (b); and
- “Member” or“Membership” refers to a Student or a Teacher that has registered on the MyMusician Website.
- “Website” refers to the domain of www.mymusician.com.au, being the online medium by which the MyMusician matching service is able to operate. This term includes website operations performed on MyMusician.com.
- "Working with Children Check" refers to a full disclosure State/Territory wide check conducted by the relevant State/Territory based Child Protection Authority in each State/Territory in which the Teacher is offering occasional child minding services via the Website .
- "Working with Children Card" refers to a card that is issued by the relevant State/Territory based Child Protection Authority as proof that a person has had a satisfactory Working With Children Check applicable to the State/Territory in which the Working with Children Card is issued.
- "Insurance" refers to the public liability insurance policy that provides insurance cover (subject to the Policy Wording) for Teacher services booked via the Website. No insurance cover is provided for Teacher services that are not booked via the Website .
2. Acceptance of these Terms and Conditions
- Your access to and use of Website will be governed by these terms and conditions (the“Terms”).
- MyMusician may change the Terms at any time. Such amendments will have effect on the date the amendments are posted on the Website and a notice has been emailed to you notifying you that amendments have been made. Your continued use of the Website after any changes are made to these Terms will be deemed to constitute your acceptance of those changes.
- If you object to any changes to the Terms, or otherwise become dissatisfied with your membership, you should immediately discontinue your use of the Website and/or terminate your Membership.
3. Membership Requirements
- In order to access the services provided by the Website, both Students and Teachers are required to register as Members.
- Teachers must be aged 18 and over and be legally able to work in Australia in order to register with MyMusician. Teachers will be required to submit personal details including, but not limited to, photo identification, details of a current Working With Children Check and musical background. Once MyMusician has validated and conducted a video interview these details, the Teacher will be listed as an “Approved” Teacher on MyMusician.
- Membership to MyMusician provides access to the Teacher matching services available through the Website. Teachers are not permitted to create multiple profiles and must not share their Membership with other Teachers or any other persons.
- Businesses, organisations and recruitment companies are not permitted to register as Students or Teachers on the Website. The Website is for the personal use of individual members only.
- The Website must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without the express consent of MyMusician.
- Members are required to provide MyMusician with their contact details including:
- Email address
- Phone number
- Residential address
- Members are responsible for maintaining the confidentiality and security of their own login and password details.
- Members are wholly responsible for all activities that occur under their login and password.
- Members agree to immediately notify MyMusician of any unauthorised use of their login or password.
- Members must ensure that they exit from their account at the end of each session.
- MyMusician may at any time request a form of identification to verify the identity of a Member or compliance by a Member of these terms.
4. How the site works
- MyMusician is a matching and payment service, and acts as an Intermediary between Students and Teachers.
- Teachers create profiles and display their music teaching experience, skills and location on the Website so that Students may search for music teachers based on location, and instrument requirements.
- MyMusician is not an employment agency and is not involved in any employment of Teachers by Students.
- MyMusician accepts no liability to Students for Teachers listed on the Website. Students are wholly responsible for all aspects of selecting and booking a Teacher.
- Members are wholly responsible for complying with all applicable laws in relation to their employment relationship. MyMusician are not responsible for the conduct of any Member using the website, either online or offline.
5. Intellectual Property
Members agree, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, not to copy, modify, duplicate, create derivative works from, republish, display, transmit or distribute all or any portion of any Intellectual Property on the Website in any form.
6. Complaints, Feedback and Account Suspension
- All Members (both Students and Teachers) have the ability to post feedback and ratings through the Website or submit a complaint to MyMusician
- When posting feedback, Members must adhere to conduct requirements referred to in clause 7 of these Terms.
- MyMusician reserves the right to publish feedback on the website, or anywhere else, at its sole discretion.
- MyMusician reserves the right to remove any feedback published on the website without notice or warning and may suspend or terminate a membership account for any breaches to the “Conduct” clause of these Terms.
- If a Member finds material, content or feedback on the website which they believe breaches the “Conduct” clause of these Terms, the Member agrees to follow the Dispute Resolution Process as outlined in these Terms.
- MyMusician reserves the right to suspend a membership in the event that:
- it is assessing a complaint in accordance with the Dispute Resolution Process;
- there is a pending dispute with another member, MyMusician or any other third party;
- the Member receives feedback that brings, or is likely to bring, MyMusician into disrepute;
- the Member receives consistent negative feedback that MyMusician, in its sole discretion, does not believe to be reflective of reasonable conduct of a Member in the circumstances.
- If a Member is suspended he/she may have their profile removed from the Website until a notification is provided in writing that the Member’s suspension has ended.
- During a complaints procedure, term of suspension, or any other time, MyMusician may conduct an investigation into the conduct of any Member.
- If a Membership termination results for any reason, MyMusician is under no obligation to reinstate the Membership.
- In addition to breach of the “Conduct” clause in these Terms, MyMusician reserves the right to suspend or terminate a membership for any conduct that it considers to be inappropriate or unjustified.
- Members agree not to transmit any material during the course of their membership that is:
- harmful or threatening;
- obscene; or
- harassing, abusive or discriminatory.
- Members agree not to engage in any activity that:
- facilitates any illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, ethnicity, gender, religious beliefs, sexual orientation or disability; or
- is illegal or causes injury or damage to any person or property
- If Members experience problems with other Members on the website and would like to make a complaint, Members must follow MyMusician’s “Dispute Resolution Process” set out in our Dispute Resolution Process below (clause 8).
8. Disputes and Dispute Resolution Process
- Members are encouraged to resolve any disputes between themselves in an appropriate manner through the communication channels available on MyMusician's Website.
- If a dispute cannot be resolved between Members and a written dispute notice is provided to MyMusician within 24 hours of the unresolved dispute, MyMusician will mediate the dispute and make a final decision on a resolution.
- If a Member wishes to make a complaint for any reason they are required to follow the Dispute Resolution Process as set out below.
- Dispute Resolution Process: MyMusician operates a Communication Centre, accessed through the Support option on our Website. Members must adhere to the following Dispute Resolution Process:
- Members must submit any complaint or dispute they wish to initiate via the communication Centre. Members must outline their complaint or dispute in appropriate details and include written correspondence/examples of feedback where available.
- Once the dispute is submitted it will be reviewed by a MyMusician team member within 24-48hrs of receipt of the submission. Where a complaint is urgent, please indicate this in the written description of your complaint so that a team member can respond as quickly as possible. The MyMusician team member may contact either party for additional information.
- The MyMusician team member will make a final decision on the matter.
- MyMusician may terminate a membership at any time for any reason by providing written notice to that Member.
- MyMusician may terminate a membership for any breach of these Terms or if we otherwise believe that a Member is acting unreasonably or is unfit to remain a Member of the website.
- MyMusician also reserves the right to, without limitation, do any or all of the following in relation to your membership:
- suspend your membership;
- permanently or temporarily hide all or part of your profile;
- modify your profile;
- deactivate your membership if you have not used the Website for a period of 18 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of the Website and App.
- A Member may terminate their membership at any time by following the process outlined in the Support section of our Website .
- While MyMusician verifies the Working With Children Check of all Teachers prior to membership confirmation, no warranty is given for suitability, including but not limited to honesty, capability or character of any Teacher.
- MyMusician make no warranties or representations as to the quality, accuracy or completeness of the content on the Website or the information otherwise provided by any Member.
- MyMusician uses reasonable endeavours to ensure that the Website are available 24 hours a day, however MyMusician does not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, web hosting errors, maintenance or repair or any reason beyond our control.
11. Liability and Acceptance of Risk
- Members agree to indemnify MyMusician for any loss, damage, cost or expense that MyMusician may suffer or incur as a result of or in connection with Members use of the Website or Members conduct in connection with the Website, including any breach by Members of these Terms.
- Members are wholly responsible for their participation on the Website and Members use the Website at their own risk.
- Members acknowledge that MyMusician are not responsible for, and accepts no liability in relation to, Members use of the Website or Members conduct in connection with the Website (whether online or offline), or any other members' use of, or conduct in connection with the Website (whether online or offline), in any circumstance.
- In no circumstances will MyMusician be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
- Members are solely responsible for content that you transmit or post via the Website, or otherwise transmit to any member of the Website by any other means. MyMusician disclaim all liability with respect to any content transmitted or posted on the Website, or otherwise transmitted to any Member by any other means, by any person, including Members reliance on such content.
- To the maximum extent permitted by law, MyMusician excludes all implied representations and warranties which might apply in relation to Members use of the Website. To the extent that MyMusician’s liability cannot be excluded by law, MyMusician’s maximum liability to Members will be limited to the total amount paid by Members (if any) for any chargeable service or feature on the Website purchased by Members during the term of Membership.
- By using the MyMusician Website Members expressly authorise MyMusician to collect and publish information about them as detailed in these Terms and Members expressly waive any rights, whether in statute or at common law, to bring any legal action against MyMusician Pty Ltd as a result of MyMusician's publication of such information, whether the Member considers that information to be fair and accurate or not.
12. Student Obligations
- All bookings must be made directly between the Student and the Teacher that the Student has chosen to contact using the Website . All correspondence will be conducted via Members profiles and the messaging service on the Website . Alerts will also be sent to Members personal email addresses and/or via the App.
- The Student agrees that the number of hours will be submitted by the Teacher at the end of the booking and the Student will be charged in accordance with the hourly rate set out in clause 13. If a Teacher is required for more hours than initially agreed, such overtime will be charged as per the hourly rate.
- The Student agrees that payment is required to be made to MyMusician directly at the time of Teacher confirmation. The Student understands that at the time of booking confirmation their credit card will be charged, with the funds being held by MyMusician until payment is made to the Teacher and MyMusician after completion of the booking.
- The Student understands and agrees that Teachers must be provided with an occupationally safe environment. Providing a safe environment is the sole responsibility of the Student, who bears all risks and liabilities in circumstances of injury
- MyMusician strongly recommends that Students update their Home and Contents Insurance to reflect the possibility of accidental or negligent property damage. Under no circumstances will MyMusician be liable for any property damage, personal injury, illness or death caused by the actions of a Teacher booked through MyMusician.
- In circumstances where MyMusician (in its absolute discretion) believes that there is sufficient negative feedback or any feedback of a concerning nature regarding the Student, MyMusician reserves the right to block the Student’s profile from MyMusician without notice.
- Students understand that Teachers may, in their absolute discretion, choose to decline a booking. MyMusician is a matching service and Students understand and acknowledge just as they choose which Teacher to request a booking with, Teachers may also choose which bookings to accept.
- Students acknowledge and agree to their credit cards being pre-authorised by MyMusician upon confirmation of their membership and prior to booking their first Teacher. Students understand that once a booking is offered and accepted via MyMusician, payment from their credit card will be deducted immediately.
- In the event that a credit card payment fails for any reason upon confirmation of a Teacher the booking will be cancelled.
- The Student understands that they are engaging a Teacher as an independent contractor. The Student understands that the independent contractor relationship is exclusively between the Student (as Principal) and the Teacher (as Contractor). MyMusician is not a party to this relationship and bears no responsibilities in respect of this agreement.
- Students should obtain their own tax advice with respect to their employment tax obligations (if any) in respect of engaging a Teacher via MyMusician.
- The Student understands that these terms constitute the written terms of the independent contractor agreement that exists between each Student and Teacher.
- The Student agrees to make themselves reasonably available by phone during a scheduled booking so that they may be contacted in the event of an emergency.
- Fees are payable in Australian Dollars and charged to a Student's credit card at the time of confirmation.
- Students understand that in no circumstances will Teachers be confirmed or dispatched without payment being successfully received by MyMusician.
- Teachers will provide MyMusician with a ‘Student Acceptance’ to confirm the booking was successful and advise MyMusician. Any changes to time or day of booking must be communicated back to MyMusician throught the website portal
14. Cancellation Policy
- If a cancellation of the Teacher is made by the Student within 24 hours of the scheduled commencement time, a minimum of 50% of the fees will be charged to the Student and forwarded onto the Teacher.
- If a cancellation of the Teacher is made by the Student more than 48 hours before the scheduled commencement time, 100% of the fees paid by the Student will be refunded.
- If a Teacher cancels the booking before the commencement date, The MyMusician Refund Policy, at clause 15 of these Terms, will apply.
- MyMusician cannot be held responsible for cancellations or no-shows of a teacher.
- MyMusician reserves its rights to cancel any music lesson immediately if a teacher has been mistreated, found to be working in an unsafe environment or is harmed in anyway. Students understand that there will be no refund in these circumstances.
- Refunds and Guarantee
- Students understand that MyMusician is a matching service only and cannot control the availability of the Teachers listed on its Website.
- In circumstances where a Teacher cancels within 24 hours of a confirmed booking date, MyMusician will endeavour to provide a replacement Teacher if possible. In the event a suitable replacement cannot be found for the booking time, our Refund Policy will apply.
15. Refund Policy
- In the event that a confirmed Teacher fails to show up for a confirmed booking for any reason, without providing a cancellation notice, a 100% refund will be provided.
- If a Teacher cancels a confirmed booking at any time prior to the booking commencement time, a 100% refund will be provided.
- If a Student cancels a confirmed booking within 24 hours of the commencement time, 50% of the fees paid by the Student will be refunded. If a makeup lesson cannot be organised
- In circumstances where a confirmed Teacher arrives late, Students will be provided with two available options:
- A refund (based on 30 minute increments) may be provided for the time that the Teacher was absent; or
- On mutual agreement between the Student and Teacher, The Student may change the lesson time or day, in which case no refund will be provided.
- In circumstances where Students finishes lesson early before its scheduled time, no refund will be given.
- A refund will not be applied in circumstances of unreasonable working conditions, change of location by the Student after booking confirmation, change of job description after booking confirmation, or if MyMusician believes the Teacher has been mistreated in any way or is at risk of being in an unsafe work environment.