Foundation Vocal Course

1. The business that provides this website and other services.

1.1 These terms apply to our website https://www.foundationvocalcourse.com/, any related websites, blogs, applications and/or social media pages (collectively called our ‘services’). When we refer to ‘our website’, we mean all websites, including this one, that are owned and operated by us. 

1.2 When you read words that refer to ‘us’, ‘our’ or ‘we’, it means Foundation Studios PTY LTD ABN 65 669 207 569 trading as Foundation Vocal Course or Foundation Vocal Studio, and the words ‘you’, ‘user’ or ‘your’ means you, the visitor to our services. You can contact us on the details provided. Our website can also include all forms of digital media and expression, such as social media pages, platforms, email communications, blogs, images or information published on our websites.

1.3 By using our services or our website, you are agreeing to be automatically bound by these terms and conditions and our privacy policy [https://www.foundationvocalcourse.com/pages/privacy1]. These collectively form our ‘terms’ with you. 

1.4 We encourage you to carefully read and understand these terms and conditions before using our services. If you don’t agree with our terms, your remedy is to stop using our services.

2. Entire agreement

2.1 These terms and conditions, together with any other relevant policy, disclaimer or legal style document made available on our website, constitute the entire agreement between you and us with respect to our services, unless stated otherwise.

2.3 We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website. You will need to regularly check here for any updates as we will not notify you automatically. The new provisions will apply from the date they are updated.

3. Feedback, comments or complaints

3.1 If you have any questions, please contact us in writing, via email at [email protected] and we will usually respond to all enquiries within fourteen (14) business days. 

3.2 We welcome the opportunity to talk with you and address any of your concerns. We look forward to providing you with an enjoyable experience and we appreciate your understanding whilst we investigate your queries. 

3.3 Our contact details are listed below. 

4. No unlawful or prohibited use

4.1 As a condition of your use of our services, you warrant that you will not use our services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our services in any manner which could damage, disable, overburden, or impair our services or interfere with any other party’s use and enjoyment of our services.

4.2 You expressly agree not to:

(a) hack into areas of our services that are not intentionally made available to you;

(b) add malicious code to our services which may affect us or visitors to our services;

(c) use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;

(d) engage in any internal or external spamming, or other similar actions;

(e) engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions;

(f) decompile, reverse engineer, or try to copy or imitate our services or underlying content; or

(g) share content that you have paid for with others, for example by sharing your login details.

5. Creating your account

5.1 You must create an account to subscribe to any membership program, access our courses or make a purchase. You must be over 18 years old to create an account and use our services or purchase any products. If you are under the age of 18, your legal guardian must set up your account for you and must authorise your purchases.

5.2 When creating an account, you agree you will:

(a) provide true and correct details when you set up your account;

(b) keep your username and password secure and confidential and not share your access with anyone else;

(c) accept electronic communications from us (you may unsubscribe from these at any time);

(d) keep your contact details up to date;

(e) do your best to contribute to the supportive environment we strive to create for our users by not posting unnecessary criticism of others or making remarks that are unkind or unsolicited;

(f) not engage in any internal or external spamming, or other similar actions;

(g) not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including our staff;

(h) not post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(i) not make false claims about your purchase of our courses or other products;

(j) remain responsible for any activity that occurs on your account, and cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;

(k) make any payments due associated with your account when they are due;

(l) contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach; and

(m) authorise us to disclose financial information, card related profile and purchase behaviour to third party institutions such as banks and financial agencies (including without limitation Visa, Mastercard and American Express).

5.3 If you create your account using third party authentication (such as through Facebook or Google login) you give us access to some of your personal information included on those platforms and consent to our use of that information. Please consider this personal information before you select this option. 

5.4 We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

5.5 We are not responsible for the actions or comments of other users. While under no obligation to do so, we reserve the right to moderate our social media accounts and remove or suspend users that so not comply with these rules. We also reserve the right to turn off commenting on our social media accounts if we deem it appropriate to do so. 

5.6 You may use your account on more than one device however, we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your login details with another person, your account may be temporarily suspended or blocked while we investigate. If, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of prepaid amounts, such as membership payments, and prohibit you from opening a new account. 

5.7 You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and may be liable for any loss to us or third parties caused as a result of the use of your account, whether by an authorised person or not.

5.8 Data (if any) stored in your account may not be kept. If there is any data in your account that you want to retain, you should make a copy for your own records. Accounts that are closed may not be able to be restored.

6. Payments and refunds for individual courses or bundles

6.1 Prices for our products or services are subject to change without notice and access for new users may be discontinued or modified at any time. 

6.2 Where products are ‘free with payment of shipping only’, the shipping is subject to change as we rely on a third-party provider to provide the shipping. Shipping costs will be notified to you at the time of purchase and are non-refundable. 

6.3 We accept one-off and recurring payments via secure third-party payment gateways PayPal and Stripe. Payments are handled by Foundation Studios Pty Ltd. We do not keep your payment details.

6.4 Unless otherwise stated, electronic products are delivered at the time of receipt of payment and are non-refundable. Sales for other items are generally final and will not be refunded, subject to Australian Consumer Law. Where we have offered a money-back guarantee period, if you decide the service is not for you, please contact us at [email protected] during the money-back guarantee period and we will arrange a refund. Please include in your email your name, order number and date of purchase. No refunds will be made after the money-back guarantee period expires.

7. Subscribing as a member 

7.1 In addition to offering single or bundle course purchases, we offer a VIP member subscription program on a monthly access basis. Our VIP programs are generally by application or invitation only and there is no automatic guarantee you will be accepted if you apply. If available, fees for the program will be emailed to you prior to you becoming committed to the program. VIP access programs may include access to all digital products, 4 monthly live (by electronic meetup) lessons, access to live lesson replays, access to the members area on our website and members only Facebook group. We will confirm the actual inclusions when we email you about your application.  

7.2 If you pay for a member subscription program you will gain access to the content you have subscribed to, for the period you have paid for. We reserve the right to change course content, subscription terms and benefits available from time to time. Access to VIP programs will not give you access to physical live events. 

7.3 You only have member access to the benefits of the program including, our closed social media groups, while you are a paid subscription member. If your subscription ends, you will no longer have access. If you have also purchased an individual course or bundle, your access to these purchases will continue and will be unaffected by your membership cancellation. 

8. Payments and refunds for membership subscriptions

8.1 If you subscribe to our membership program, the frequency you choose (monthly or yearly) will automatically renew at the end of each billing period. You can cancel your auto-renew by requesting so via email to [email protected] 

8.2 Ending a subscription where there is no money-back-guarantee period or if you are cancelling outside the money-back guarantee period: You may cancel your membership at any time however there is no refund of the subscription you have paid for the current period. You will continue to have full access to the benefits until the end of your paid subscription period, then your access will come to an end.  No further debits will be made to your account after you have ended your subscription. 

8.3 Ending a subscription within a money back guarantee period: You must provide us notice within the defined period. Your access to the benefits of the subscription will end immediately and we will refund your payment within 7 business days via the same platform you used for payment. 

9. Contributors

9.1 We may offer you the opportunity to produce content for our services or contribute online in some other manner (‘contributor’). Without limiting anything else in these terms and conditions, as a contributor you:

(a) agree to ensure your content complies with all relevant laws and regulations, and does not contain any content that is prohibited or restricted by Australian law, is misleading or deceptive or contains defamatory statements or content;

(b) agree to ensure that content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trade mark, privacy, or other personal or proprietary rights;

(c) agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;

(d) grant to us an irrevocable, world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content, and where applicable, to display your business name and trademarks on our services; and

(e) agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in breach of our terms and conditions. If we remove your content, we reserve the right to deny you the use of our services in the future.

9.2 Please be aware that positioning and placement of your content on our services will be at our discretion, unless otherwise agreed in writing.

10. Testimonials 

10.1 You agree that if you provide your testimonial to us, (including any comments on social media pages, direct emails, video footage etc), you grant us permission to use it, along with your name, on our website, social media pages, and other promotional materials, including any advertising campaigns, and you may not receive any reward or remuneration from us. 

11. Contests

11.1 If we make available contests for submission of information or video, you agree:

(a) We have the right to disqualify any entrant or winner as we deem appropriate.

(b) The winner is determined solely by us and no correspondence will be entered into.

(c) We may display any entries, together with the name of the entrant, on our website or other marketing media.

12. No recommendations

12.1 Content may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly.

13. Sponsored content and advertising will be clearly identified.

13.1 By using our website, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend or endorse them, and we are not affiliated with an advertiser, unless we give notice otherwise.

13.2 While we take reasonable care to monitor our services, we do not take any liability or obligation for the content, information, goods or services of third-party advertisers. You use third party goods and services at your own risk.

13.3 We are not responsible for any loss, damage or issues you may have with an advertiser and cannot be held responsible for any direct or indirect loss you may suffer because of using their products or services.

14. Links disclaimer

14.1 Our website, courses and services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. 

14.2 We are not responsible for any form of transmission sent to or received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, any products or services advertised on that website, or any association with its operators.

14.3 We may also provide links to third party tools. These tools have their own terms of use and we are not liable for any use you make of them. Please carefully review any third-party terms and conditions before you use their tools. Concerns with third party tools should be directed to the third-party.

14.4 We do not accept any responsibility for any interaction you may have with linked sites. You agree linked sites are external to us and beyond our control and responsibility, and that you will not hold us responsible for any loss or damage incurred. It is your responsibility to check if any linked sites are suitable for you before you click on them.

15. Promoted Services – Disclaimer

15.1 If we promote third party products or services via our website it is because they may have provided sponsorship, donations, contributions, volunteered or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services. 

16. Copyright, Trademarks and other Intellectual Property

16.1 We own the intellectual property rights in the contents of our website and our services, or have permission to use or display the material about our services. 

16.2 You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our services content in whole or in part except as expressly authorised by us in writing. 

16.3 Images and item descriptions posted on our services (particularly social media) by third parties are the responsibility of those third parties and may be subject to copyright. You must seek written permission from the third party before using any of their content.

16.4 The names of actual companies and products mentioned on our services may be the trademarks of their respective owners. Unless explicitly stated otherwise, any example or case study, band, performance, organisation, product, person or event depicted on our services is fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred. 

16.5 Permission: If the item is intended for this use, you may access, download, or print material from the website for your personal use only. Video content may not be downloaded. Sharing without prior permission and commercial use of any sort is expressly prohibited. 

16.6 You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. 

16.7 You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website or our services.

16.8 Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our services content, or to our intellectual property.

17. Copyright infringement

17.1 If believe that there is material on our services that infringes third party intellectual property rights, please contact us at [email protected] with sufficient information to enable us to determine who is the owner of the intellectual property, and to allow us to form the reasonable belief that there has been an infringement. If satisfied, we will remove it from our services.

17.2 Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

18. Security

18.1 We make efforts to maintain the security of our website and services. We arrange for applications to be used that we deem advisable to protect your personal information, the integrity of our services, and conduct our business. However, we do not guarantee the security of the services, our records, or your content.

18.2 We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

18.3 Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

19. Disclaimer

19.1 You acknowledge and agree that your use of our services is at your own risk. We provide this website for educational purposes, enjoyment and personal skills and development reasons. 

19.2 You acknowledge and agree to use our website and related content at your own risk. No guarantee or warranty applies in connection with the use of our website, except implied by any applicable Consumer Law.

19.3 Services displayed on our website are subject to availability and may change without notice. Your musical ability may influence any benefits you receive for undertaking any of our courses or the coaching we provide. We do not guarantee any outcomes or abilities achieved (if any) from completion of any of our courses.  

19.4 While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our services for any purpose, to the maximum extent permitted by applicable law, anything contained on our services is provided “as is” without warranty or condition of any kind.

19.5 We expressly make no promises or warranties regarding your abilities, your skills, employment prospects or other work, or any advancement in your music career or hobby as a result of completing any of the courses or other education made available through our services. Improving your skills takes practice and persistence. 

19.6 Anything available via our services may include inaccuracies or typographical errors and may be out of date. Changes are periodically made to the content.

19.7 Tutorials and other information available via our services are provided for your information only. You acknowledge and agree that no information or advice provided by us provides advice of any regulated industry or creates a warranty of any kind with respect to our services. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

19.8 This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our services or the services found on our services.

20. Limitation of liability

20.1 We will not be liable to you or any person or entity for loss or damage arising out of hacking, computer viruses, internet downtime, your use of our website, services or any other act or omission that is outside of our control.

20.2 We will not be liable to you or any other person or entity for any damages arising as a result of your use of our website and other services, subject to the requirements of Australian Consumer Laws.

20.3 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to:

(a) the provision of those services again, or

(b) a refund equal to the total amount paid by you for the services that are the subject of your claim, even if those services were provided to you without cost, or

(c) the replacement of a product purchased by you, or

(d) the refund of the purchase price of a product purchased by you.

20.4 This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our website, services provided or the services found on our website.
 

21. Indemnity

21.1 Unless the claim was caused by or substantially contributed by us, or the cause of the claim was outside your control, you agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including court costs, collection costs, and reasonable legal fees, to the extent permitted by law) related to:

(a) any content you publish on our services;

(b) your unauthorised use of our services, or products or services included or advertised on our services; or

(c) your breach of these terms and conditions.

This means that if you cause a claim, you may be responsible for paying the costs we incur to defend that claim. 

22. Termination of membership subscription 

22.1 If you have purchased a membership subscription, you will have access to our services only for the duration of your subscription.

22.2 You may end your subscription prior to the automatic renewal at the end of each subscription period. 

22.3 We may end your subscription without refund by:

(a) For monthly subscriptions – giving you 1 months’ notice that we intend to end your subscription;

(b) For annual subscriptions, giving you at least 1 months’ notice prior to the end of your current subscription that we intend to end your subscription.

You will continue to have access to your subscription benefits until the end of your current, paid billing period. When your subscription ends, your access ends.

22.4 We also reserve the right to cancel your subscription earlier than the above time frames if required. If we do this, we will provide a pro-rata refund for the remaining time left on your subscription.

23. Your comments

23.1 Please note that information posted by you on any of our forums, forms, information requests or comment sections etc will still be displayed after termination as we will not delete these histories. If we receive a data deletion request from an eligible EU citizen, we will remove as much identifiable information as we can from areas we control. The actual comments will not be removed, just the identifiable information. We have no ability to delete comments from platforms we do not control, including social media and blog comments. These sites have their own terms and conditions. 

24. Access for single or bundle purchases

24.1 If you have purchased a single or bundle course, you will have access to your purchased course(s) for the duration of your membership. 

24.2 If we decide to discontinue our services or any specific content, we will provide at least 60 days’ notice that access to the service or content is coming to an end before disabling access. 

25. Applicable law

25.1 This agreement is governed by the laws of Australia. You agree to be subject to the jurisdiction of the courts of Australia if there was a serious dispute between us without reference to conflict of laws provisions.

25.2 You may provide notice to us addressed to ‘The managing Director’ and sent by email to [email protected] . We may provide notice to you via email or other electronic means.

25.3 Use of our website and our services are not authorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our website or services are unauthorised, it is your responsibility to stop using our website and services.

26. Relationship

26.1 You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement, or use of our services.

26.2 Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our services, or with regard to information provided to us, or gathered by us, about your use of our services. 

27. Validity

27.1 If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

Contact Us

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please contact us at:

Foundation Vocal Studio
 Address: 11 Koorawatha Lane Palmwoods, QLD, Australia
Email: [email protected] 

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