Terms & Conditions

These terms and conditions apply to the website belonging to Monster Music (ABN 34589955141) (“We”, “Our” or “Us”) and accessed at http://www.monstermusic.com.au (the Website), and your use and access to the same.

By accessing this Website and any of the services provided on the Website, you agree to be bound by these terms and conditions and any other terms and conditions and policies which may be applicable, including our Privacy Policy (collectively the Terms and Conditions). 

These Terms and Conditions are current as at 21 May 2012 but may be subject to change by us at any time, without notice.  Where any changes to these Terms and Conditions are made, such change will be effective upon posting on the Website.  We advise that you should check this page regularly to ensure that you agree and comply with our most up-to-date Terms and Conditions when accessing our Website.

Before using this Website and accessing any of the services provided on the Website, you must first agree to these Terms and Conditions.  Any use of the Website, including accessing the Website directory, viewing the information and content published on the Website, uploading any information on the Website or interacting with other users of the Website indicates that you have read, understood and accepted these Terms and Conditions.  If this is not the case, please exit the Website and close this browser or browser tab immediately.

Please be aware that these Terms and Conditions only govern your use and access to this Website and do not apply to any services you may seek from any third party listed on this Website, including from any of the members of this Website.  Please ensure that you are aware of any third party terms and conditions before accepting any third party services.

Monster Music

Music Directory

The Service: We have created this Website to provide an online network and directory of information to connect potential music students (“Students") with music teachers who are members of the Website (“Members”) within Australia. 


Monster Music Members – Music Teachers

Membership:  Any music teacher over the age of eighteen (18) years, or any music school within Australia may apply to become a member of Monster Music (“Member”) by filling in and completing the Registration Form.  Please be aware that Monster Music may refuse to grant Membership for any reason at its sole discretion.

Members may upload content onto the Website and advertise their services, business and contact information onto their Member Profile.  Members must pay to Monster Music the Membership Fee relevant to its Membership Level at the time or registration and upon payment of the Membership Fee, the Member’s Profile becomes immediately active on the Website.

Members should ensure that they comply with all statutory requirements (such as Working with Children Check (“WWC”) and Police clearances) prior to applying for Membership with Monster Music (for a guidance on the WWC requirements relevant to your state or territory, click here.  Although Monster Music does not require its Members to meet the relevant statutory requirements to become a Member of the Website, Members may be engaging in unlawful conduct by attempting to provide services without meeting the relevant statutory requirements in their state.

Membership Levels: Various levels of membership are available to Teachers and complete details of current Membership levels and benefits, including prices and inclusions, may be accessed here.

Term of Membership:  All memberships are on a 12-month basis from the date of registration (the “Term").   All membership registrations will automatically renew upon expiry of the Term, unless the Member elects to cancel their membership or fails to pay the relevant Membership Fee by the final day of the Term (in which case the Member’s registration and Membership Level will revert to a FREE level listing).  

Member Profile:  Members can manage/edit/update their own Profiles at any point in time and upgrade or downgrade their membership levels mid-Term.  When upgrading a membership level, the commencement of the new Term will be from that date and will be charged according to the price of the new membership level for that Term minus any remaining credit from the pro-rata balance of the previous membership level.  No refunds, part refunds or credits are offered should a member wish to cancel or downgrade their membership mid-Term, or at any time.

Membership Fees:  Please see the full details relating to Membership here, including details of all the relevant Membership Fees associated with the various Membership Levels.  Please note that all Membership Fees are specified in Australian dollars and payments will automatically be deducted within seven (7) days of expiry of the Term in accordance with our Payment Terms, unless cancelled. 


Students

Student users of the Website are not required to join or register for membership with Monster Music.

If you are interested in obtaining the services of any Member featured on Monster Music, you may contact the Member directly through their details published on the Website or through the Member’s Profile (if available).  Any arrangement between you and a Member for the provision of music services is strictly between you and the Member only.  We are not involved in any arrangement between yourself and the Member.

Safety Precautions

You acknowledge and agree that any contact or arrangement between yourself and any Member or user of the Monster Music Website is at your sole risk.  We do not guarantee, and we expressly disclaim, any liability or warranty for any of the information provided by a Member on the Website or the nature or quality of the services provided by a Member.

By using this Website, you agree that we cannot and do not provide any warranties in relation to:

a. any representations made or advertised by Members on their Member Profiles or published on the Website;
b. any qualifications claimed by any Members on their Member Profiles or published on the Website;
c. the quality of the services provided by Members; or
d. whether the Member is fit and capable of providing any of the services advertised on their user profile, including meeting any statutory requirement for providing the services you require.

Whilst we take reasonable steps to ensure that our Members are able to provide the services listed on the Website and advertised on their Member Profile, it is your sole responsibility to ensure that the Member meets the appropriate statutory requirements to provide you with the services you have requested.

Underage Students

If you are under the age of eighteen (18) years old, you should seek your parent’s or guardian’s consent to contact any of the Members featured on this Website to obtain the Member’s services.

You should be aware that not all Members may be able to provide services to you if you are underage.  You, your parents or guardians should contact the Member directly to ensure that the Member providing you with services has all the relevant police clearances and/or working with children requirements prior to entering any agreement with the Member to provide services.

General Website Terms & Conditions

Website Users & Students

Music Teachers, Students and any visitor or user of the Website (Website “Users”) may access this Website, including information contained on the Website, FREE of charge.

If you are under the age of 18 years old, you must have the consent of your parent or guardian before accessing or using this Website.

Users of the Website may:

  1. access the content, material, tools and services contained on the Website;
  2. view information relating to Members on the Website; and
  3. connect, interact or communicate with other users of the Website,

in accordance with these Terms and Conditions.

By using this Website, you agree that you will not:

  1. reproduce any material or content from the Website;
  2. distribute or re-transmit any of the material or content from the Website in any way;
  3. “frame” the material or content on the Website with any other material or content from another website;

without our express prior consent; or

  1. use the Website or any of the features and services available through the Website for any unlawful purpose.

You are expressly prohibited from using the Website to:

  1. violate or attempt to violate the security of the Website, our computer systems or the computer systems of other Users;
  2. commit or encourage any criminal offence;
  3. infringe or violate any other person’s proprietary rights or breach any duties of confidence;
  4. harass, bully, stalk or behave maliciously toward other Users;
  5. corrupt any data on the Website; or
  6. in any way attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

You agree to indemnify, and keep us indemnified, from and against any and all damage, sums of money, costs, charges, expenses, actions, claims and demands which may be made against us by any third party in relation to your use of the Website, including your provision or acceptance of any services through the Website.


Website Content

You acknowledge and agree that we are not responsible for any content or material uploaded onto the Website by our Members and other Users of the Website.

Restriction of Use: You are only permitted to use anything downloaded from the Website for the purposes of personal and non-commercial use. You are not permitted to reproduce files, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the files that you download from the Website.  

Intellectual Property in the Website:  Monster Music expressly reserves all intellectual property rights in this Website and in all file downloads and information on the Website.  Any Uploaded Content is published by Monster Music under licence granted by third party licensors and intellectual property rights are reserved by the relevant licensor.

Usage and Licensing:  Where you upload any information or content, including text, images, video clips, sound clips or links (“Uploaded Content”) onto the Website you:

  1. grant to us a free, non-exclusive, non-transferrable licence to use, copy, adapt or publish the Uploaded Content, or any information or part of the Uploaded Content in any manner we see fit, whether in written, electronic, visual, audio and/or any other form;
  2. warrant that:
  • you are the owner of the Uploaded Content, or are otherwise are permitted to upload the Uploaded Content;
  • the Uploaded Content complies with all relevant laws, standards, regulations and codes and does not infringe any third party intellectual property rights;
  • any representations made or contained in the Uploaded Content is true and accurate to the best of your knowledge; and
  • the Uploaded Content will not corrupt any data on the Website or affect the performance or functionality of any computer facilities of or accessed through this Website; and
  1. acknowledge and agree that we:
  • do not accept any responsibility whatsoever for anything contained in any Uploaded Content, including the infringement of any copyright or other intellectual property laws or rights relating to that Uploaded Content, or the content contained in the Uploaded Content, may infringe;
  • reserve the right to examine, move or remove the Uploaded Content; and
  • reserve the right to use, copy, sub-licence, adapt or publish the Uploaded Content, or any information or part of the Uploaded Content in any manner we see fit, whether in written, electronic, visual, audio and/or any other form.

Personal Information:  Any time you apply for Membership, use, access or interact with other Members through the Website, we may collect your personal information.  In case of any information we may gather about you, our Privacy Policy will apply.

Limitation on Our Liability: It is an essential pre-condition to you using Monster Music’s website that you agree and accept that Monster Music is not legally responsible for any loss or damage you might suffer related to your use of the Website, whether from errors or from any other use of the website.  In short, your use of the Website, including accessing the Website or any of the services advertised on the Website, is at your own sole risk.

To the maximum extent permitted by law, we do not accept any liability for any damage, harm, loss or expenses suffered by any use, access, or any other utilisation of this Website (including the contracting of services provided by Members of the Website).

You acknowledge and agree that we expressly exclude any warranty or guarantee and do not make any representations that:

  1. (In relation to the Website)
  1. the Website, or the server that makes the Website available is free of software viruses or other malicious program code;
  2. the functions contained in any software contained on the Website, or the services provided on the Website will operate uninterrupted or are error-free; or
  3. errors and defects in the Website will be corrected.
  1. (In relation to Monster Music Directory Service)
  1. the use of, or any information contained in, any representations made by, or any form of correspondence and/or dealings with Members of the Website are correct or accurate; or
  2. the quality or supply of any goods or services represented or sold by, or purchased from any Member of the Website are fit for any purpose.

In the event that any of the limitations on or exclusions of warranties or liabilities are not permitted by law, to the full extent permitted by law, our liability for any implied warranty or condition is limited, at our election to the following:

  1. providing the service again; or
  2. payment of the cost of having the service supplied again.

Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these terms and conditions in that state or territory. Such a clause, if legal and enforceable in any other state or territory, shall continue to be fully enforceable and part of these Terms and Conditions in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Links to Other Websites: Monster Music has provided on its Website links to other websites and information on those websites for your convenience.  This does not imply any sponsorship, endorsement, or approval or arrangement between Monster Music and the owners of those websites.  Monster Music takes no responsibility for any of the content found on the linked websites.  Monster Music’s website may contain information provided by third parties and accepts no responsibility whatsoever for information provided by those third parties.

Jurisdiction: This agreement and this website are subject to the laws of Western Australia. If there is a dispute between you and Monster Music that results in litigation then you submit to the jurisdiction of the courts of Western Australia.


Contact Us

If you have any complaints or have any questions in relation to this Website, please contact Contact Us