Terms and Conditions | Vocalise Academy
Terms and Conditions

Effective 28 June 2020

 
 
1. Introduction

1.1 These Terms and Conditions form the basis of Vocalise registration and enrolment. They are intended to protect both Students, Families and Vocalise Academy. It is the student and family responsibility to read and understand them. 

1.2 These terms and conditions are effective as at the date specified above and may be amended by Vocalise from time to time. The current Terms and Conditions are those available at vocalise.com.au. Students and families will be provided with a copy of the Terms and Conditions at the time of joining Vocalise and material changes will be notified to students and families in accordance with clause 3.2.

1.3 Every Student is bound by these terms and conditions. 

 
2. Definitions

'Family' of a Student in any of the ways described below:

  • Husband/Wife;

  • Parent/Step-parent;

  • Domestic partner/De Facto;

  • Child, including foster and step-child;

  • Brother/Sister;

  • Half Brother/Sister;

  • Grandparent;

  • Grandchild;

  • Son/Daughter-in-law;

  • Brother/Sister-in-law;

  • Father/Mother-in-law;

  • Uncle/Aunt;

  • Nephew/Niece;

  • First cousin;

  • Guardian. 

'Fee Schedule' means the schedule of fees for Vocalise services or programs, which can be found at vocaliseacademy.com.au

'Make-up' means a compensated program for the scheduled program that a Student has missed.

'Student' means a person who is enrolled with Vocalise Academy. 

'Terms and Conditions' means these Vocalise Academy terms and conditions, and includes the Fee Schedule.

'vocaliseacademy.com.au' means the internet site that may be found at vocaliseacademy.com.au

 
3. Changes to Vocalise Academy

3.1 Subject to clause 3.2, Vocalise Academy reserves the right to make any changes (whether material or otherwise) to the Vocalise Academy Terms and Conditions and the Fee Schedule, including: 

(a) changes to:

(i) enrolment procedures; and

(ii) student charges and other fees. 

(b) changes to any Vocalise Academy products, services or programs. 

3.2 Vocalise Academy will use its best efforts to advise Students of material changes to these Terms and Conditions and, where some changes may be disadvantageous to Students.

3.3 Without limiting this clause 3 in any way, Students will be taken to have received the notice referred to in clause 3.2 if Vocalise Academy notifies Students of the change by providing notice at the email address provided to Vocalise Academy by the Student or, if no valid email address is held by Vocalise Academy by the contact number provided. Details will also be posted at www.vocaliseacademy.com.au

 
4. Termination and Suspension of Enrolment

4.1 Vocalise gives no warranty as to the continuing availability of the student attending Vocalise Academy. Vocalise may suspend or terminate a student at any time. 

4.2 Persons wishing to become Students must register and pay any applicable joining or other fees. 

 

4.3 Each Student is responsible for and must advise Vocalise of any change of name, address, or other details as soon as practical after the change. Changes to the mailing address, contact number or other details may be submitted in writing to admin@vocaliseacademy.com.au. 

4.4 Students may, at any time, finish their journey with Vocalise by providing written notice of at-least four (4) weeks in advance to admin@vocaliseacademy.com.au . Fees paid in advance will be forfeited by the Student. Payment that falls in the 4 weeks will be automatically processed.

4.5 If a student has committed to a material breach of any of the Terms and Conditions or has failed to pay any funds due under Vocalise Academy by the due date, whether intentionally or otherwise, then Vocalise Academy may suspend or terminate all future lessons or programs immediately with or without prior notice. 

4.6 If Vocalise intends to take action under clause 4, it will notify the student and immediate family of its intention and the reason for that action. The Student will then have 14 days to respond to the notice by rectifying the breach (where possible) and providing any reason why Vocalise should not take action (provided that Vocalise may suspend the Student's future programs until any review is complete). Vocalise will review the response and advise the Student and Family of its decision. 

5. Student and Family Obligations

5.1 Students must not:

(a) act in any way which breaches these Terms and Conditions; or

(b) abuse or misuse Vocalise Academy facilities, services, programs or arrangements accorded to the Student including by:

(i) engaging in illegal or fraudulent activities;

(ii) supplying or attempting to supply false or misleading information, or attempting to supply false or misleading information, or making a misrepresentation to Vocalise Academy;

(iii) acting in a hostile, abusive or aggressive way towards any staff member, student, family or individual;

(iv) acting in an unruly manner in any Vocalise academy or environment;

(v) refusing to follow reasonable instruction from any Vocalise Academy staff or volunteers.

5.2 Student's under the age of 12 years are not permitted to leave any Vocalise Academy unaccompanied. The Student must be accompanied by a Family member or an adult nominated by the child's parent or guardian.

5.3 A notice of absence is required by a Student or Family member 24 hours prior to the Student's program time and must be submitted to administration at Vocalise in any of the following ways:

 

5.4 A Student is only eligible for one make-up class per term providing they abide by clause 5.3. The make-up class is subject to availability and a refund will not be offered in lieu of the make-up lesson.

5.5 Programs at Vocalise Academy may involve movement and exertion. The Student must be in good physical health and capable of participating in the activities as a part of the curriculum at Vocalise Academy. The Student and Family are responsible for determining and seeking advice on the Student’s eligibility.

5.6 The use of any electronic device during a Student's program (except if approved by teacher for educational purposes), is strictly prohibited and devices must be switched off or silenced during the lesson to avoid interruption and distraction.

5.7 A Student enrolled in the Introductory Plan must notify admin@vocaliseacademy.com.au of withdrawal by the census date. The census date is determined by:

  • The conclusion of your fourth lesson; or

  • 30 days from the enrolment date.

5.8 A Student enrolled in the Introductory Plan and does not complete the withdrawal form must continue their enrolment and the fees associated with the enrolment.

5.9 A Student and Family cannot exchange or refund their NSW Creative Kids Voucher or the associated funds once it has been submitted to Vocalise Academy. 

5.10 A Student and Family accept that at the time of the NSW Creative Kids Voucher submission, the return credits may take up to four weeks to be processed. An immediate credit to the account may not be feasible.

 
6. Personal Information

6.1 Each Student acknowledges that Vocalise collects, uses and discloses information about the Student and immediate Family, in order for Vocalise to undertake the activities further set out in this clause. The information about such use in this clause 6 should be read alongside the Privacy Policy available on the Vocalise website, which contains more detailed information about how a Student's and Family's personal information is processed.

 

6.2 If the Student or Family does not provide all or any part of the requested information, the services and programs provided to that Student by Vocalise may be affected.

 

6.3 Vocalise collects personal information about each Student (including programs and products available to students):

(a) to enable Vocalise to market programs and products to the Student, including the programs and products of Vocalise partners and other third parties who Vocalise believes have programs and products in which the Student would be interested;

(b) to facilitate the Student's participation in their programs, including:

(i) by assessing the Student's registration application,

(ii) confirming the Student's eligibility for, and providing any programs and services associated with Vocalise, and

(iii) enhancing and tailoring the Student's use of the programs available to them at Vocalise;

(iv) for Vocalise and third parties to generate consumer insights about the Student in order to better understand the Student's preferences and interests, tailor the Student's experience, enhance the programs and products supplied to the student and to tell the student about the programs and products of Vocalise and partners. In order to do this, Vocalise may collect and combine personal information about the Student from third parties or public sources. 

(v) to identify suspicious transactions and to detect and prevent fraud;

(vi) to improve the Vocalise website and programs, including by means of product development and market and behavioural research; and;

(vii) for operation management of Vocalise.

6.4 Vocalise may collect the Student's personal information from the Student directly, including when the Student is logged into their GATEWAY account. Vocalise may also collect the Student's personal information from third parties, Vocalise's related bodies corporate and On Broadway branded entities and third parties providing services for Vocalise and Vocalise's programs. 

6.5 For the reasons described above, Vocalise may disclose a Student's personal information to: 

(a) International Music Examinations Board and program partners. 

(b) our group companies;

(c) any third parties providing services for Vocalise, including assisting Vocalise in determining a Student's eligibility for, and providing, Vocalise programs and services (including programs and services available to students), administering the program, providing market research and marketing services, and assisting with the prevention and detection of fraud;

(d) other third parties, such as law enforcement, in order to comply with its legal obligations or in connection with a legal claim or in response to a validly served and executed court order or subpoena.

6.6 Marketing consent: By becoming a Student, the Student and Family provides their express consent to Vocalise:

(a) sending the Student marketing communications including via direct mail, telephone, email, SMS or other digital means, including: 

(i) news and offers for Students;

(ii) offers, news and updates from Vocalise and program partners;

(iii) program and product news and updates;

(iv) entertainment offers and competitions;

(v) Vocalise branded products including retail and experiences; and

(vi) Gold Email, which lets the Student know about the latest information.

(b) associating and combining data collected from third parties with the Student's personal information and using and disclosing that combined personal information to tailor the Student's experience and content, including third party content and otherwise in accordance with these Terms and Conditions. 

6.7 The Student and Family can opt out of receiving all or any of communications listed above:

(a) for email and advertising by updating their email preferences with Vocalise;

(b) for SMS messages, by opting out directly from an SMS.

Opting out of these communications will impact Vocalise's ability to provide the Student with all the vital information, offers, deals updates as well as experiences and opportunities that would otherwise be available to the Student as part of their journey. This is at the expense of the Student and Family. 

6.8 For the purpose of carrying out marketing activities, Vocalise Academy may photograph or record media of a Student during their program or performance with Vocalise Academy. 

6.9 Further information on how Vocalise handles personal information, and to the extent permitted or required by law, access and correct personal information can be requested by completing the form located at vocaliseacademy.com.au/privacyquestions or by writing to Vocalise Customer Care at Unit 26, 185 Airds Road, Leumeah, NSW, 2560.

6.10 This clause 6 survives the termination of these Terms and Conditions and the termination or suspension of Vocalise. 

 
 
 
7. Liability

7.1 Vocalise Academy acknowledges that certain jurisdiction's laws imply terms, conditions or warranties into contracts for the supply of products or program that cannot be excluded. For example, for customers in Australia, certain programs come with statutory guarantees under the Competition and Consumer Act 2010 (Cth) that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 7.2 is not intended to exclude or restrict the application of such laws.

7.2 Subject to clause 7.1, and to the extent permitted by law in any applicable jurisdiction, Vocalise Academy and any of their employees are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits or injury), arising under or in connection with these Terms and Conditions, including, without limitation, any changes to the Terms and Conditions, save to the extent that such loss or claim arises from the negligence or wilful misconduct of Vocalise Academy, or any of their employees.

8. General

8.1 Interpretation: In these Terms and Conditions, unless the contrary intention appears:

(a) the singular includes the plural and vice versa;

(b) dollars or '$' means Australian dollars;

(c) unless otherwise stated, all dollar amounts include any applicable GST;

(d) dates or times are Australian Eastern Standard (or Australian Eastern Daylight) dates or times;

(e) a reference to 'include' or 'including' means 'including but not limited to'.

8.2 Governing Law: The Terms and Conditions and Student Enrolment at Vocalise Academy are governed by and will be construed in accordance with the Laws of the state of New South Wales, Australia irrespective of where the registration application has been completed by the Student, by a Family member of said student or submitted to Vocalise Academy. In any action or legal process with respect to any matter or thing in connection with these Terms and Conditions or Enrolment the Student submits to the non-exclusive jurisdiction of the State of New South Wales.

8.3 Nothing in these Terms and Conditions affects any rights a Student may have and which by law cannot be excluded, including under the Competition and Consumer Act (2010) and under State and Territory consumer protection legislation. 

8.4 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect. 

 

© Vocalise Music and Performing Arts Academy (ABN 96 963 095 160)

Fee Schedule

This fee schedule is subject to the Australian Consumer Law. Customers should refer to the Academy Prospectus for more information.

Effective 28 June 2020

Valid at the time of publishing but subject to change. 

Enrolment Fee

A non-refundable fee of $59 is charged annually to ensure your enrolment position is maintained and administered.

Fee Scheduling

The Fee Scheduling process is conducted automatically every quarter. Payment plans are subject to availability and information can be sought upon contact with administration.

Important Information

 

(a) Student enrolment fees are automatically applied annually. Termination or suspension of programs must abide by section 3.

(b) Delays or cancellations caused by the Student will not result in a refund.

(c) A late payment will incur a penalty of $20 and may be subject to section 4.

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