Terms of Use

Welcome to Lessons Australia, a trusted community marketplace that provides students (Students) with a more effective way to easily search, connect and book qualified and trusted music teachers (Teachers) for local or online lessons. At the same time, our marketplace enables teachers to showcase their teaching services to thousands of students across the country and effectively grow their teaching studio without the hassle or expense of traditional marketing.
 
These Terms and Conditions (the T&Cs) bind you or the entity you represent to the terms and conditions set forth herein when you use or access the Lessons Australia Website or any of our services. If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use our Services.
 
 

1. Acceptance of Terms and Conditions

a. This legally binding Agreement is a contract that sets out the terms of your use of our Website and Services, whether you are a registered student or teacher, or just a visitor to the site seeking information.
b. This Agreement includes our Privacy Policy.
c. We may modify this Agreement from time to time. Modifications are effective upon posting on our Website.
d. If you wish to receive this Agreement in non-electronic form, send us a written request and self-addressed stamped envelope to: PO BOX 871, MOUNT OMMANEY QLD 4074.
 
 

2. Eligibility

a. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian.
b. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement.
c. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
d. By using our Services as a teacher user, you represent and warrant to us that you as the account owner are the sole provider of music teaching services represented on the account. You will not engage in representing or advertising on
behalf of 3rd party providers or multiple providers.
 
 

3. How it works

 
For teachers
 
a. Teachers can subscribe with us by creating a free account on our website. No upfront costs, ongoing commissions or membership fees apply.
b. Teachers may submit their background checks to Lessons Australia for verification. Upon verification, teachers will receive the appropriate background checked badge on their profile and listings.
c. Teachers can build their professional online profile by adding information in relation to their:
i. experience and background;
ii. geographical area of practise;
iii. pricing structure;
iv. subjects;
v. photos; and
vi. student testimonials.
d. Teachers are unbiasedly ranked in search results based on student search preferences and performance based factors. Teachers can organically increase their search rankings by:
i. creating a comprehensive and informative profile;
ii. maintaining an average response rate of within 24 hours;
iii. building positive student reviews;
iv. confirming their availability at least once every 60 days.
e. Teachers will receive enquiries from interested students via their profile page. They can accept a student by sending them their personal Lessons Australia booking link.
f. When booked through the Lessons Australia platform, the first two introductory lessons serve as payment for our services.
g. The terms for payment of any lesson thereafter is to be negotiated between the teacher and the student.
h. Lessons Australia does not offer scheduling, billing and/ or communication (other than on-platform messaging functionality) services between the teacher and the student.
 
For students
 
i. Students don’t have to sign up with Lessons Australia in order to use our services. Students can use the online search tool. Based on their search preferences such as location, subject matter, availability, reviews, etc. students are presented with a range of compatible teachers.
j. Students can send an on-platform message/ enquiry to suitable teachers to ask questions or organise introductory lessons.
k. When both parties, student and teacher, have found an agreement, the teacher may send the interested student their personalised Lessons Australia ‘booking link’.
l. To accept the booking students must pay for their first two introductory lessons via the teachers Lessons Australia ‘booking link’.
m. Both, teacher and student will receive confirmation of the booking and contact details for outside of platform communication.
n. Should students not be satisfied with their two introductory lessons, they must notify Lessons Australia immediately, in order to receive a full refund of the two lessons. This is referred to as our ‘Good Match Guarantee’.
o. After the second introductory lesson, students are invited to leave a review on their lessons with their teacher. The review is published on the teacher’s Lessons Australia profile.
 
 

4. Independent Contractor Status

a. Our Services are separate and distinct from the services of the Teachers. You acknowledge that Teachers are not employees or agents of Lessons Australia but are independent contractors who operate a separate and distinct business from Lessons Australia.
b. As such, we do not endorse or control the Teachers, the manner or method of service to you, exercise no control over your working relationship with the Teachers and do not warrant your safety or the service of any Teachers. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Teachers.
 
 

5. General Disclaimer

a. We disclaim all, and assume no responsibility for:
i. evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Listings or of any information posted or provided by a teacher or a student;
ii. ensuring a teacher’s or student’s compliance with any applicable laws, rules and regulations or this Agreement;
iii. we have not inspected the location where any instruction will be provided;
iv. we are not responsible for the conduct, whether online or offline, of any user of our Services;
v. under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or our Services, any content posted on the Website or transmitted to users, or any interactions between users of our Services, whether online or offline;
vi. we cannot guarantee and do not promise any specific results from use of our Services.
b. Some of our Services may require Students to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.
c. Our Services may give you access to links to third-party websites ("Third-Party Sites"), either directly or through Providers. We don’t endorse any of these Third-Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third-Party Site is appropriate, and to protect your personal information and privacy on such Third-Party Site.
d. It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services.
 
 

6. Warranty Disclaimer

a. Our website, content, submitted content, courses and any other materials made available on or through the use of our services are provided ‘as is’, without any warranties of any kind and, to the fullest extent permissible under applicable law, we hereby disclaim all such warranties, express or implied, including but not limited to fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
b. Should students not be satisfied with their two introductory lessons they must notify Lessons Australia immediately, in order to receive a full refund of the two lessons. This is referred to as our ‘Good Match Guarantee’.
c. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections beyond our control.
 
 

7. Code of Conduct

While using our Services you agree not to:
a. Use our Services for any unlawful purpose;
b. Express or imply that any statements you make are endorsed by us, without our prior written consent;
c. Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
d. Engage in spamming or flooding;
e. Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
f. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
g. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;
h. Remove any copyright, trademark, or other proprietary rights notices contained on the Website or applied to our Services;
i. "Frame" or "mirror" any part of the Website or our Services without our prior written authorization;
j. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
k. Harvest or collect information about Website visitors or Members without their express consent;
l. Create more than one profile without our express written consent;
m. Permit anyone else whose account or subscription was terminated, or who is not a Member, to use our Services through your subscription, username or password;
n. Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
o. Transfer your account or user ID to another party without our consent;
p. Be disruptive in any lesson;
q. Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or
r. Engage in any communication related to sexual conduct, nudity, or which expresses profanity.
 
 

8. Pricing

a. Lesson prices vary by teacher and lesson type and are subject to change at any time.
b. When both parties, student and teacher, have found an agreement, the teacher may send the interested student their personalised Lessons Australia ‘booking link’.
c. To accept the booking, students must pay for their first two introductory lessons via the teachers Lessons Australia ‘booking link’. Students and/ or teachers must not attempt to circumvent the platform.
d. Pricing will be set at what the teacher had advertised at the time of acceptance.
e. The terms for payment of any lesson thereafter can be negotiated between the teacher and the student.
f. Students and teachers are obligated to honour the prices established at the time of payment.
g. Both, teacher and student will receive confirmation of the booking and contact details for outside of platform communication.
 
 

9. Term

a. This Agreement will remain in full force and effect while you use our Services and/or are a Member, teacher or student. You may terminate your membership at any time, for any reason, by sending written notice of termination to Lessons Australia at: support@lessonsaustralia.com.au
 
OR
 
PO BOX 871
MOUNT OMMANEY
QLD 4074
 
b. To help us analyse and improve our Services, you may be asked to provide a reason for your resignation/cancellation.
c. We may terminate your membership and/or subscription at any time through notice to your email address on file.
d. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
e. All decisions regarding the termination of accounts shall be made in our sole discretion.
f. We are not required to provide you notice prior to terminating your membership.
g. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.
h. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
 
 

10. Non-Circumvention

a. During the term of this Agreement and for two years thereafter, no user shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any student introduced by us through our Services, without our consent.
b. In case of such circumvention, such user agrees and guarantees that such user will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.
 
 

11. No Non-Permitted Use by Members

a. Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion.
b. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.
 
 

12. Account Security

a. You are responsible for maintaining the confidentiality of your username and password.
b. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Lessons Australia Account, whether or not you have authorized such activities or actions.
c. You agree to:
i. immediately notify us of any unauthorized use of your username or password or any other breach of security, and
ii. ensure that you exit from your account at the end of each session.
iii. we will not be liable for any loss or damage arising from your failure to comply with this provision.
iv. you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
v. if you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your Lessons Australia account.
 
 

13. Your Interactions with Other Members and Our Limitation of Liability

a. You are solely responsible for your interactions with other members. You understand that not all teachers on the website have background checks and that we do not perform background checks on students.
b. We make no representations or warranties as to the conduct of teachers or their compatibility with any current or future student.
c. Notwithstanding anything to the contrary contained herein, and to the maximum extent allowed by law, the liability of Lessons Australia and/ or its officers, employees, agents and affiliates, to you and your heirs at law for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by you to us for our services during the preceding six months, up to a maximum of two thousand dollars.
 
 

14. Content within our Services

a. The Website and our Services contains the copyrighted material, trademarks, and other proprietary information of Lessons Australia, and its affiliates.
b. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
c. Opinions, advice, statements, reviews, offers, or other information or content made available through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
 
 

15. Content Posted by You

a. As a user, you may be able to post content, including uploading photos and providing reviews of teachers. You are solely responsible for the content that you publish or display using our Services, or transmit or display to other users.
b. You will not post on the Website or Service, or transmit or display to other users, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
c. You will not post on the Website or Service, or transmit or display to other users, surnames, street addresses, email addresses, phone numbers, external URL's, business names or logos or any other identifiable personal information.
d. As a user, you will not post on the Website or Service or communicate with any other user any arrangements or deals that conflict with the operation of our Website or Services (including, but not limited to, free consultations, discounted lesson fees, pricing packages or bundles, free lessons, price negotiations, surcharges, shared or group lessons or classes, any other lesson structure other than one-on-one lessons, or any arrangement that involves off-platform communication prior to a student booking).
e. By posting Content using our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
f. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
 
 

16. Modification to Services

a. We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice.
b. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
c. Notification of changes to our Services may be posted within your online account, on the Website or communicated through our Services.
 
 

17. Copyright Policy

a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact Lessons Australia immediately.
 
 

18. User Disputes

a. You are solely responsible for your interactions with other users.
b. We reserve the right, but not the obligation, to monitor disputes between you and other users.
 
 

19. Privacy and Communications

a. Use of our Services is also governed by our Privacy Policy.
b. When you become a user and/or create an online account with us, you agree and consent to receive email messages from us.
c. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
d. Please see our Privacy Policy for more information regarding these communications.
 
 

20. Links

a. Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
b. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
 
 

21. Governing Law

a. You agree that except to the extent inconsistent with or pre-empted by federal law, the laws of the State of Queensland, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Lessons Australia, except as otherwise stated in this Agreement.
b. you agree that any claim or dispute that has arisen or may arise between you and Lessons Australia must be resolved exclusively by a state or federal court located in Brisbane, Queensland.
c. You and Lessons Australia agree to submit to the personal jurisdiction of the courts located within Brisbane, Queensland for the purpose of litigating all such claims or disputes.
 
 

22. Release and Indemnification

a. In the event that you have a dispute with one or more users of our services (including but without limitation, any dispute between teachers, students and/or other users regarding any transaction or user contributed content) or any third party website that may be linked to or from or otherwise interact with our services, including without limitation any social media site, you hereby agree to release, remise and forever discharge Lessons Australia and our respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website and our services.
b. You hereby agree to indemnify, defend and hold Lessons Australia and our respective agents, directors, officers, employees, and all other related persons or entities harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the website, our services or otherwise relating to the business we conduct (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any services or service provided by a third party provider, any use of a tool or services offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys' fees and costs.
c. You shall cooperate as fully as reasonably required in the defence of any claim.
d. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
e. This section survives termination of this agreement.
 
 

23. Miscellaneous

a. If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party.
b. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement.
c. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect.
d. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement, shall survive termination of this Agreement.
e. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services.
f. This Agreement is binding on the parties hereto and their successors and assigns.