Terms of service.
Thank you for your interest in these Terms of Service (the “Terms”). These Terms constitute a legal agreement between you and SoundMusical governing the use of our lessons, sessions, and programs as identified in the relevant online booking through our website.
1. ABOUT US
1.1. We are SoundMusical, 8219 E. Buena Terra Way, Scottsdale, AZ 85250 (“SoundMusical”, “we”, “us”, or “our”).
1.2. We operate www.soundmusical.com (our “website”) and provide our lessons, sessions, and programs as identified in the relevant online booking (collectively “Services”).
1.3. To contact us, please use lessons@apolloacademy.info, call +1 480-221-9587 or use our Contact Form.
1.4. These Terms were last updated on Monday, November 6th 2023, and are the current and valid version.
2. GENERAL TERMS
2.1. We provide our Services to you on the basis of these Terms. The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
2.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.
2.3. In case of your violation of these Terms, we reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services at any time.
2.4. We reserve the right to change, modify, suspend or discontinue any portion of our Services and/or software used or provided by us in connection with the use of our Services. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
3. PROVISION OF OUR SERVICES
3.1. Subject to these Terms and during the Term, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use our Services and Material supplied solely for the intended purposes.
3.2. You agree that access to and the use of our Services is not contingent on delivery of any future features or the delivery of any other services.
3.3. With effect from the Commencement Date, we shall, throughout the Term, provide our Services as specified at the time of your booking and as set out on our website to you. You acknowledge that the description of Services, is intended to be general in nature and should not be construed to be a complete description of our Services to be performed.
3.4. We will
3.4.1.provide our Services with reasonable skill and care, commensurate with prevailing standards.
3.4.2.will act in accordance with all reasonable instructions you give us provided such instructions are compatible with the specification of Services you have booked.
3.4.3.use all reasonable endeavors to accommodate any reasonable changes in our Services that you may request, provided that you accept any additional Fees that may be due as a result of such changes.
3.5. Nothing in this Agreement will be deemed to require us to undertake any act or perform any services which in its good faith judgment would be misleading, false, libelous, unlawful, in breach of a contract, or otherwise prejudicial to us or our interests.
4. FEES, PAYMENTS
4.1. As compensation for our Services rendered you agree to pay us the fee as set out at the time of booking and on our website.
4.2. Lessons are available in 30-minute, 45-minute, and 60-minute time slots and are charged at the following rates:
4.2.1.30 minutes: $38 USD / lesson ($152 every 4 weeks)
4.2.2.45 minutes: $53 USD / lesson ($212 every 4 weeks)
4.2.3.60 minutes: $66 USD / lesson ($264 every 4 weeks)
4.3. To enroll, you are required to provide a valid credit card for automatic monthly payments, calculated based on the full cost of all lessons purchased divided into three equal monthly payments.
4.4. The first invoice will be generated one week prior to your start date.
4.5. If you purchase a recurring subscription from us, the subscription period shall be renewed automatically at the expiry of each subscription period for a new 12-week term, until terminated successfully providing 30-day’s written notice to us. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
4.5.1.upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
4.5.2.on the renewal date of the subscription period thereafter, without any further action by you.
4.6. Any Fees due in relation to your lessons must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of your access to our Services.
4.7. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
4.8. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
4.9. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
4.10. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
4.11. Unless otherwise notified in writing by us, termination of our Services for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access our Services until the expiry of the subscription period in which the cancellation occurred.
4.12. All sales are final, and no refunds will be granted for lessons already purchased.
4.13. Unless otherwise notified in writing by us, termination of or disenrollment to our Services for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access our Services until the expiry of the subscription period in which the cancellation occurred or pay a cancellation fee equal to one month's worth of lessons (i.e., 4 lessons x the student's lesson duration fee).
5. FREE ACCESS
5.1. We may make one or more parts of our Services available to you on a free of charge basis until the earlier of:
5.1.1.the end of the free of charge basis period;
5.1.2.the date that you purchase the relevant Service; or
5.1.3.termination by us at our discretion.
5.2. The provisions of these Terms will also apply to our free of charge offers. We may notify you of additional terms that apply our free of charge offers and any such additional terms are incorporated into these Terms by reference.
6. DEFAULT
6.1. You shall be deemed in default of this Agreement upon the failure to comply with any of these Terms, including, but not limited to, the obligation to make any payment as and when due.
6.2. Upon default, we will have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. Payments not made on the due date shall be subject to late charges equal to the maximum amount permitted under applicable law.
6.3. If we delay or refrain from exercising any rights under these Terms, we do not waive, nor will we lose those rights. If we accept late or partial payments from you, we do not waive the right to receive full and timely payments and other charges due.
7. WARRANTIES AND OBLIGATIONS
7.1. We provide
7.1.1.a service, i.e.,you are coached, advised, guided etc. A concrete success is not promised.
7.1.2.provide our Services on the basis of the data and information provided by you. The guarantee for their factual correctness and completeness lies with you. You are using our Services at your own risk.
7.2. Nothing contained in Terms, shall be construed as a warranty that:
7.2.1.1. our Services will yield any Result or otherwise be successful,
7.2.1.2. any strategy will yield a specific result or otherwise be successful or
7.2.1.3. the outcome of our Services or any coaching will be utilizable in any respect.
7.3. You agree to use all reasonable endeavors to provide all pertinent information to us that is necessary for the provision of our Services. In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of our Services or any part thereof at any time, you agree to provide the same in a reasonable and timely manner.
7.4. Any delay in the provision of our Services resulting from your failure or delay in complying with any of the provisions of this clause 7 shall not be our responsibility or fault.
7.5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
7.6. We do not warrant that our Services, the related content, or electronic communications sent by us are free of viruses or other harmful components.
8. MATERIALS
8.1. You are required to
8.1.1.provide such musical instruments for use during your lesson and practice time.
8.1.2.Students must purchase their course materials as soon as they are assigned.
9. RE-SCHEDULING, LATENESS AND NO SHOW
9.1. We distinguish and permit two types of rescheduling: "Holiday" and "General".
9.1.1.For rescheduling requests that coincide with holidays, please use our "Holiday" Rescheduling Form.
9.1.2.For rescheduling requests arising from any other circumstances, please use our "General" Rescheduling Form.
9.1.3.In the case of “Holiday” rescheduling, we will award unlimited credits, provided a 24-hour prior notice is given to us.
9.1.4.In the case of “General” rescheduling, we will permit a maximum of two “General” rescheduling credits per 12-lesson package to students, provided a 24-hour prior notice is given to us.
9.1.5.Approved rescheduling requests shall be communicated to you via email and will be subject to a final review by the instructor. All credits will expire three months after they have been issued.
9.2. Lessons will commence and conclude on time, and no extension of lesson time or make-up lessons will be provided if you arrive late.
9.3. If you are more than 15 minutes late, or fail to show up at all (No Show”) the lesson will be forfeited.
9.4. In the event that an instructor must miss one or more lessons, credits equal to the number of lessons missed will be offered to you and your instructor will then make every reasonable effort to reschedule these lessons.
10. AVAILABILITY
10.1. Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our Services will be available 100% of the time and will not be liable in the event our Services are unavailable.
10.2. You acknowledge that availability of our Services depends further on your compliance with your usage allowances as per your selected program and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.
11. PROPRIETARY RIGHTS
11.1. You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our Services.
11.2. You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
12. PROHIBITED USES
12.1. You may use our Services only for lawful purposes. You may not use our website:
12.1.1. in any way that breaches any applicable local or international laws or regulations;
12.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
12.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
12.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
12.2. You also agree:
12.2.1. not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
12.2.2. not to access without authority, interfere with, damage or disrupt:
12.2.3. any part of our Services;
12.2.4. any equipment or network on which our website is stored;
12.2.5. any software used in the provision of our Services; or
12.2.6. any equipment or network or software owned or used by any third party.
12.2.7. copy or otherwise reproduce our Services;
12.2.8. make the our Services available to anyone other than employees;
12.2.9. modify, adapt, create derivative works of, reverse engineer, decompile, disassemble or otherwise interfere with our Services;
12.2.10.access or use our Services to provide services to third parties; and
12.2.11.access our Services in order to build a similar product that would violate our intellectual property rights.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.
13.2. Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing our Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving our Services and our responses to users of the website.
13.3. You acknowledge that you have no right to have access to our Services in source code form.
14. LIMITATION OF LIABILITY
14.1. We are not liable for the completeness, accuracy or correctness of any content and information and any related content.
14.2. You agree not to use our Services and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, our Services or any software) for:
14.2.1. loss of profits, sales, business, or revenue;
14.2.2. business interruption;
14.2.3. loss of anticipated savings;
14.2.4. loss or corruption of data or information;
14.2.5. loss of business opportunity, goodwill or reputation; or
14.2.6. any other indirect or consequential loss or damage.
14.3. Nothing in these Terms shall limit or exclude our liability for:
14.3.1. death or personal injury resulting from our negligence;
14.3.2. fraud; and/or
14.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
14.4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of our Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of our Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
15. INDEMNITY
In no event will either party be liable for any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in relation to this agreement, however caused and regardless of theory of liability, and the aggregate liability of a party under this agreement shall not exceed the price paid by you for a single lesson.
16. FORCE MAJEURE
We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm and will notify you of such an event and its expected duration as soon as reasonably possible.
17. OTHER IMPORTANT TERMS
17.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
17.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the State of Arizona. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Scottsdale.