Terms of Service
1. About These Terms of Service
1.1 The website www.virtualpianoacademy.co is operated by Virtual Piano Academy (“we”, “us”, “our”), a business name operating under the sole trader ABN number of 66 369 695 672, owned and operated by Amy Jørgensen (Bastow), located in Melbourne, Australia. Our registered office is in Yarraville, Melbourne 3013. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
1.2 These Terms of Service apply to the use of the Virtual Piano Academy Site, regardless of how you access it. Please read these Terms of Service carefully before you proceed. We may, at any time and without notice, terminate your access to or use of this website. If we do so, you do not have the right to bring any claim or claims against us.
1.3 By visiting our Site, you engage in our (“Service”) and agree to be bound by the following terms of service (“Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, teachers, students, parents, friends of friends and/or contributors of content.
1.4 Any new features or tools which are added to the current site shall also be subject to this Agreement. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1.5 Please read these Terms of Service carefully before using our Site. Your use of the Site is subject to your acceptance of this Agreement, and when you choose to access, browse, or use this Site, you accept without limitation or qualification, this Agreement as if you had signed it, so if you have any questions, get in touch BEFORE you start using the Site; otherwise you are legally bound to this Agreement.
2.1 The terms of this Agreement shall commence on the date that the User first accesses or starts using the Site, and shall continue until terminated by either party in accordance with Clause 13.
3. Our Service
3.1 www.virtualpianoacademy.co is a membership Site for online training, courses, resources, lessons and other content relating to learning about songwriting, composition, music theory, music technology, music business and learning keyboard/piano skills (the “Service”). The Site is hosted on Thinkific.com. They provide us with an online Course platform that allows us to sell and structure the products and services we offer to you.
3.2 Users agree that the Service is in the nature of education. The scope of services provided by Virtual Piano Academy according to this Agreement are limited to those listed on the Site. Virtual PianoAcademy reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
4.1 Accessing or using this Site or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this Site or its content.
4.2 We are under no obligation to provide uninterrupted access to this website. We reserve the right to restrict your access to this website at any time and for any reason.
4.3 We do not guarantee that the contents of this Site will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the Site including, but not limited to any price quotes, resource availability or non-fraudulent representations. You are responsible for maintaining appropriate software on your computer or device to protect you from any such errors, bugs, worms, trojans or viruses.
4.4 Occasionally, this site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current, or may link to a 3rd party page that no longer exists. We reserve the right to correct any errors, inaccuracies, or omissions—including after a paid fee has been processed—and to change or update information at any time without prior notice.
4.5 Our Service may become unavailable from time to time due to security reasons, legal reasons, technical updates, or other reasons. You agree that we are not obligated to inform you of such downtime—even if we are aware that it may occur—or to provide a reason for it, and that you release us from all liability relating to the unavailability of our Service.
4.6 To the fullest extent permissible by law, we exclude any and all liability to you resulting from your use of the website or connected to these Terms of Service. This exclusion includes but is not limited to any type of damages, loss of data, income or profit or loss or damage to property belonging to you or third parties arising from the use of this website or its contents.
5. How Will We Use Your Personal Information?
5.1 We handle the personal information you submit to the Site in accordance with the Virtual Piano Academy Privacy and Cookies Policy.
5.2 Any payment details you enter for course or lesson purchases will be processed securely through Stripe, our 3rd party payment processor.
6. Conditions You Must Meet To Use Our Service
6.1 In order to use our Service, you must meet a number of conditions, including but not limited to:
a) You must not be in violation of any embargoes, export controls, or other laws of Australia or other countries having jurisdiction over this Agreement, Virtual Piano Academy, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
b) You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 13 years of age.
6.2. You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes:
b) causing distress or inconvenience to any other user
c) transmitting obscene or offensive content
d) disrupting the normal flow of dialogue within our Site
e) harassing, abusing, insulting, harming, defaming, slandering, intimidating or discriminating based on gender, sexual orientation, religion, ethnicity, race, age or disability
f) submitting false or misleading information
g) uploading or transmitting viruses or other types of malicious code
h) tracking or collecting personal information from other users
i) spamming, phishing, pharming, crawling or scraping
j) uploading copyrighted content
k) uploading material that contains offensive images, words or notions
6.3 We reserve the right to terminate your use of the Service or any related Site or App for violating any of the prohibited uses above. We will terminate your Account immediately, and you will forfeit any payments you have already made.
6.4 You must not use our Site to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our prior written consent.
6.5 You must not sign up or use the Services on behalf of a natural person other than yourself, or sign up or use the Site under a false identity.
6.6 You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
7. Paid vs Free Resources
7.1 The Virtual Piano Academy Site offers a combination of free and paid resources. Free resources can be accessed without creating an account on the Site, and includes content such as articles on our Blog, the occasional live seminar or workshop and a few stand-alone Courses. All of these can be freely shared with friends and colleagues.
7.2 In order to purchase and access paid resources, the User must first register as a member by completing the joining process and creating a user account (“User Account”) and then the User must pay the Subscription Fee as set out in Clause 10 of this Agreement.
7.3 Each User is solely responsible for maintaining the confidentiality of their User Account and password and for all activities that occur under their User Account.
7.4 The User must notify Virtual Piano Academy immediately if they believe their User Account password has been compromised. Virtual Piano Academy shall not be liable for any loss or damage that the User incurs as a result of a security breach of their User Account. The User may be liable for loss or damage that Virtual Piano Academy incurs as a result of such security breaches found to have resulted from any act or omission of the User.
7.5 Virtual Piano Academy in its sole discretion reserves the right to make modifications to the features included on the free and paid sections of the Site at any time.
7.6 As part of the Site registration process, each User creates a user profile that is viewable by all Virtual Piano Academy staff (“Profile”). The Profile includes details such as first and last name, image, timezone and other personal information. Each User is solely responsible for activity and information on their Profile. This information must not be misleading or false. You must not sign up to the Site under a false identity.
7.7 The User accepts and agrees that they are solely responsible for their progress and any results from their use of the Site. The User acknowledges and agrees that there is no guarantee that the User will achieve specific results (either creatively or financially) from their use of the Site. This extends to exam marks from third-party institutions. No guarantee is made that the User will be accepted into any third-party program, such as a music school, university, eisteddfod and the like.
8. Duration of Agreement
8.1 Once your registration is confirmed and your account set up, we will provide you access to the purchased resources. You agree and understand that access to the Site and resources on it, may at times be influenced and affected by third parties that we use to provide the Service (web hosting, Site plugins, software etc). You agree and understand that no breach of contract action may be initiated against Virtual Piano Academy when there are reasonable delays in the access of the Service.
8.2 Virtual Piano Academy reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
8.3 If for any reason, Virtual Piano Academy should dissolve or cease to exist, then your access to the Service and the User Materials upload to the Site terminates.
9. User Materials and Uploads
9.1 Users may upload or ‘post’ content onto the Site and/or exchange certain content via the Site, which may include but is not limited to text, images, videos, audio and third party materials (“User Materials”).
9.2 You understand that Virtual Piano Academy does not guarantee any confidentiality with respect to any User Materials you submit or upload to the Site.
9.3 The User warrants that all User Materials that the User uploads and/or ‘posts’ to the Site, or any material created by the User whilst a member of the Site and posted to a third-party Site, does not infringe or violate any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
9.4 The User acknowledges that Virtual Piano Academy does not monitor whether Users are complying with local and/or applicable laws or complying with third party rights in so far as their User Materials are concerned and Virtual Piano Academy is in no way responsible for protecting the copyright, licenses or any other rights of any User or third party in so far as User Materials are concerned.
9.5 You shall be solely responsible for your own Content and the consequences of submitting and publishing your User Materials on the Site, or publishing any content you create whilst a User of the Site to any third-party platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Material you submit; and you license to Virtual Piano Academy all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Materials for publication on the Site pursuant to these Terms of Service.
9.6 The User grants Virtual Piano Academy a worldwide, compensation-free, non-exclusive perpetual license(s) to use and publicly display and share the User’s Materials on the Site or in connection with the Site, or the operation of the Site and in connection with the promotion and operation of Virtual Piano Academy’s business; including without limitation, promoting and redistributing part or all of the User Materials (and derivative works thereof) in any media formats and through any media channels.
9.7 You shall not upload, post or otherwise make available on the Site any artwork, photos, or other User Materials protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.
9.8 You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
9.9 You consent to audio and/or video recordings being made of any live sessions, video conferencing sessions or webinars provided as part of the Service, and for these to be edited, uploaded and used on the Virtual Piano Academy website and social media platforms. You consent to your name, words, voice, and likeness being used by Virtual Piano Academy for promotional, business development, and marketing purposes, without compensation to you.
9.10 The User acknowledges that any User Materials they upload to the Site or Virtual Piano Academy social platforms can be freely accessed, viewed and used by other Users for non-commercial, educational purposes.
9.15 The User agrees not to use the Site (or associated social media platforms) to upload, exchange, post, email, transmit or otherwise make available any content that:
(a) is abusive, obscene, vulgar, slanderous, hateful, threatening, pornographic or any material that may violate any domestic or international laws;
(b) infringes upon the rights of any third party (proprietary rights or otherwise), impersonates any person, User or entity, or otherwise misrepresent themselves or their affiliation with any person or entity;
(c) is unsolicited or unauthorised advertising, promotional materials, junk mail, spam and the like;
(d) contains software viruses or any other malicious computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) has the potential to bring the reputation of Virtual Piano Academy into disrepute, or
(f) is intended to intimidate or harass another User.
9.16 Virtual Piano Academy reserves the right without prior notice to remove User Materials from the Site (or social media platforms) in the event that it falls into any of categories as described above and may suspend or otherwise terminate that User’s Account at its sole discretion.
9.17 Virtual Piano Academy does not endorse the User Materials, or any opinion, recommendation, or advice expressed therein, and Virtual Piano Academy expressly disclaims any and all liability in connection with all User Materials.
9.18 Virtual Piano Academy has access to and may moderate all Site or social media posts, comments and uploads, and reserves the right to remove any User Materials, postings or comments at its sole discretion.
9.19 You understand and agree that Virtual Piano Academy may retain, display, distribute, or use copies of your User Materials on the Site, and in connection with Composerfy's business, even after you have cancelled your Account. The above licenses granted by you are perpetual and irrevocable.
9.20 Any feedack, comments or advice you receive by Virtual Piano Academy (or it's affiliates, instructors, course creators, mentors or other members) is general in nature. You take full responsibility for the application and outcome of this feedback (either professionally or personally). In other words, if you take on board feedback you are given whilst a Virtual Piano Academy User, and it results in an undesirable outcome, that outcome and associated responsibility is entirely yours. Virtual Piano Academy shall not be held legally, financially, or professionally accountable for the way you choose to apply the feedback you have been given as part of this Site and Service.
9.21 Any music you own the copyright to and upload to the Composerfy site, remains your work and intellectual property.
9.22 The User agrees not to take, use or commercialise another User's music, or use any part of it (either the recording, score or otherwise) as their own.
10. Fees & Payment
10.1 The User will be required to pay the prescribed Lesson Fees before they can access the paid content of the Site and receive any feedback from their Teacher.
10.2 All Fees are quoted in Australian dollars and are payable via credit or debit card on a monthly recurring basis, until cancelled.
10.3 Your payments will be processed securely through Stripe, our 3rd party payment processor on the 15th of each month.
10.4 Lesson Fees are made by the User via a monthly recurring payment and strictly NO refunds are given once payment has been made.
10.5 Some Course material on the Site is available for a one-time purchase, and comes with no lesson feedback or additional Services outside of the digital Course resources made available under the one-time payment.
10.6 Once payment is processed (either for recurring Lessons or for a stand-alone Course), there are strictly NO refunds given on payments you've made under ANY circumstances.
10.7 If a purchase is made by a User to access a specific Course and that specific Course material is inaccessible, at the discretion of Virtual Piano Academy, the User will receive free access to one other Virtual Piano Academy Course or Resource.
11. Pausing Payment for Your Holidays and Breaks
11.1 Your payment (and access) to Virtual Piano Academy is ongoing throughout the year, unless cancelled in accordance with clause 12, or paused. All Virtual Piano Academy students receiving ongoing lessons are entitled to pause their payment (and keep your spot/teacher) for up to 4 weeks each yearly cycle (starting from your commencement date, not from January). In order to pause your payments, you will need to give Virtual Piano Academy 2 weeks' notice.
11.2 All students and teachers also take a further 2 weeks' break over the Christmas period, as Virtual Piano Academy closes for the festive season. Exact dates are made available in our Calendar. All payments are paused during this 2-week Christmas break.
12. How To Cancel Lessons
12.1 For all Students receiving Lessons, you can leave Virtual Piano Academy at any time, with one monthly billing cycle's notice. For example: if you cancel lessons on the 12th of March, you will be charged on the 15th of March for one more month of lessons. Your lessons (and access to the website) will cease on April 15th, and your credit card will no longer be charged. If you cancel after you have already made payment for the month (say, on the 17th of March), your credit card will still be charged again on the 15th of April (for one more billing cycle), and you will cease lessons (and your payments will stop) on the 15th of May. Please take this into account when cancelling lessons.
To cancel your lessons and ongoing payment, please follow the instructions here.
12.2 Once you leave Virtual Piano Academy, your account will be deleted and you will lose access to your Lesson Portal and all paid Virtual Piano Academy resources. You will also be removed from The Academy HIVE. If you decide you wish to return to Virtual Piano Academy in future, you will need to re-audition. Will will not hold your place and cannot guarantee you will be re-accepted or placed with the same teacher.
12.3 Keep in mind that when you leave Virtual Piano Academy, we reserve the right to continue using any material that was created for you or by you for other students on our Site and on our social media channels.
13.1 Without limiting the generality of any other clause contained in this Agreement, Virtual Piano Academy may terminate this Agreement immediately if the User is in breach of a term of this Agreement.
13.2 Termination by Virtual Piano Academy pursuant to this Clause, shall not relieve the User of their legal obligations under this Agreement.
13.3 Virtual Piano Academy may, in addition to terminating the Agreement:
(a) disable the User Account in order to prevent the User accessing the Site
(b) retain any monies paid to Virtual Piano Academy by the User;
(c) be regarded as discharged from any further obligations under this Agreement; and
(d) pursue any additional or alternative remedies provided by law.
13.4 The User acknowledges that their User Materials may remain on the Site even after termination of this Agreement.
14. Course and Lesson Fee Payment Confirmation
14.1 We will email you to confirm the placement of your paid orders and with details concerning Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
15. Intellectual Property Rights
15.1 The copyright and any other intellectual property rights, including but not limited to design rights, trade marks, underlying software, code, text, graphics, video, music/audio and all other files and patents appearing anywhere on this Site remain our property, whether owned by or licensed to us. You may not use any of the material on this Site (without our prior written permission) for your own commercial purposes, whether by reproducing, copying, downloading, printing, linking to, editing, broadcasting, transmitting, distributing, in whole or in part, without the prior written consent of Virtual Piano Academy. You may use it for your own personal non-commercial, educational use only.
15.2 Any materials that we post on the Site (that you may end up copying, printing, or downloading for personal study purposes), are licensed to you by Virtual Piano Academy for your private, non-commercial, educational use only. You agree not to change or delete any copyright, trademark, or other proprietary notices on our materials. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, any materials downloaded from the Site, any resources available on the Site, use of the Site, or access to the Site.
15.3 Sharing any of the paid content found on www.virtualpianoacademy.co (and any related pages of the Site) with non-paying members (even your music friends or your mum!) is an infringement of this agreement. Sharing any of your lesson feedback videos; any games, instructional videos, Q&A Zoom videos, cheat-sheets, audio files, PDF downloads or any other content created for you and/or other Virtual Piano Academy students, is strictly forbidden. Any unauthorised sharing is copyright infringement, and punishable by law.
16. Brand Identity
16.1 Virtual Piano Academy is a business name used by us to uniquely identify our Site, Service, and business. You agree not to use our logo, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with Virtual Piano Academy.
17. Pricing and Service Modifications
17.1 Prices for our Services, Lessons and Courses are subject to change without notice. Once you have purchased a standalone Course, you retain access to the content despite a potential Course Fee increase in the future. However, stand-alone Courses you have no yet purchased can change in price at any time.
17.2 Prices for Lessons paid on a recurring monthly basis are also subject to change, and will likely increase in alignment with inflation each year. We will give you a minimum of 2 month's notice in relation to a change in Lesson subscription fees. You will have the option of ceasing lessons once the price change is made, or agree to the price change. If you agree, you will be required to follow instructions from Virtual Piano Academy staff on setting up a new recurring subscription to reflect the price change.
17.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
17.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
17.5 We may at any time amend these Terms of Service. Such amendments are effective immediately by us posting the new Terms of Service on this Site. Any use of the Site or Service by you after these changes, means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms of Service, at any time. We will post the most recent versions to the Site. It is your responsibility to regularly check the Terms of Service and contact us immediately if you no longer wish to use our Service.
18. Third-Party Links
18.1 This Site contains links to other websites. We have no control over the nature, content and availability of the websites you visit via a link. We are not responsible for and do not review or endorse the goods, services, opinions or content of other Sites which you choose to access from this Site. We encourage you to review the terms of service of those other Sites, so you can understand your obligations when navigating to them via a link from our Site.
19.1 The User indemnifies Virtual Piano Academy, and holds its owners, employees, volunteers and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms of Service, or the User’s violation of any laws, regulations or third party rights.
19.2 Should Virtual Piano Academy in its sole discretion, determine that any User has breached these Terms of Service, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
19.3 You also agree that you have a duty to defend us against such claims and we may require you to pay for a lawyer(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable lawyers’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the user/users making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
20. Choice of Law
20.1 These Terms of Service and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, the User accepts that any dispute under these Terms of Service or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.
20.2 Users are solely responsible for compliance with any applicable laws of the country from which they access this Site.
20.3 This Agreement is the entire agreement between Virtual Piano Academy and the User and shall supersede and/or override any previous oral or written agreements between the User and Virtual Piano Academy.
21. Paid or Sponsored Content
21.1 Virtual Piano Academy may contain affiliate links or other forms of monetisation.
21.2 The compensation received may influence the advertising content, topics or posts made on this Site. That content, advertising space or post will be clearly identified as paid or sponsored content.
21.3 Virtual Piano Academy is never directly compensated to provide opinion on products, services, websites or various other topics. The views and opinions expressed on this Site are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement.
22. Use of Testimonials
22.1 In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
a) Testimonials that appear on this Site are received via text, audio or video submission. They are individual and personal, reflecting the real life experiences of those who have used our products and/or services in some way. They are individual responses and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
22.2 The testimonials displayed in any form on this Site or our associated social media channels (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
22.3 Anything you post on the Site can be used by us as a testimonial in our marketing material, on social media, in our email newsletter and any other form of communication we choose to use. We can use your testimonial in written, audio, visual and any other format.
23. Ability to Accept Terms of Service
23.1 You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13. If you are under the age of 13, you are not allowed to enter into this agreement with Virtual Piano Academy.
24. Force Majeure
24.1 You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, pandemics, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
25. Limitation of Liability
25.1 YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, COMPOSERFY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
25.2 THE USER WILL NOT HOLD COMPOSERFY RESPONSIBLE FOR OTHER USERS’ ACTS OR OMISSIONS, INCLUDING ANYTHING IN CONNECTION WITH THE USER MATERIALS OR COMPOSERFY MATERIALS. THE USER AGREES THAT COMPOSERFY HAS NO CONTROL OVER, AND DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF THE COMMUNICATIONS, USER MATERIALS, COMPOSERFY MATERIALS, AND THE ACCURACY OF INFORMATION CONTAINED ON THE SITE.
25.3 THE FOREGOING APPLIES EVEN IF COMPOSERFY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPOSERFY'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WE DO DIGITAL LTD, AND IF NO PURCHASE HAS BEEN MADE BY YOU COMPOSERFY'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
26.1 If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
27. Entire Agreement; Waiver
27.1 This Agreement constitutes the entire agreement between you and Virtual Piano Academy, pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Virtual Piano Academy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Virtual Piano Academy.
28. Contacting Amy and Virtual Piano Academy Teachers
28.1 Please do not contact Virtual Piano Academy asking for work or an internship. Please do not contact us to ask music-related questions, ask us to listen to your music, ask us to to give you feedback on something or ask us about your progress. There are specific channels for all these things within Virtual Piano Academy.
28.2 Please note, our teachers are not available to casually catch up with you over coffee to discuss you or your child's progress, give you advice or just chit chat. Please don't bother asking. You won't get a response.
28.3 DO NOT try and call Amy (or any Virtual Piano Academy teacher) on their private phone number, or contact them in any way that's not outlined on our contact page. If you try and contact any staff member from Virtual Piano Academy is any other way not outlined on our contact page, you will not receive a response. If you harass Amy (or any Virtual Piano Academy teacher), you will be immediately removed from Virtual Piano Academy without a refund.
29. Have Questions?
If you see a post or comment on the Virtual Piano Academy Site or social media channels that violates these guidelines, flag it by letting us know (and linking to the comment in question). We will contact the member privately and remove the offending content.
If you have any questions regarding this Agreement, or your dealings with our Site, please contact us here.
Last updated: 12 June 2020