International Music Exams Terms and Conditions
These Terms and Conditions (“Terms”) set out Music Exams Pty Ltd’s (“International Music Exams”, “our”) the terms under which you use, and we provide, our services via the musicexams.com platform (the “Service”).
International Music Exams provides its own music examinations. It does not offer, and you cannot use our platform to sit, examinations by other music examination providers, even if you present to us repertoire that is also used by a third party music examination provider. International Music Exams does not represent any other music examination providers and does not offer examination services for any other music examination providers. Successful candidates receive an International Music Exams certificate, award and report, and no other.
International Music Exams does not store or allow uploads of any sheet music, audio or video recordings made by users of the Service.
International Music Exams employs music examiners from around the world. We do not require the exclusive services of any examiner and do not warrant that a student will be examined by any particular examiner. In the case that one of our examiners also works for another music examination provider, no representation or association is made or implied with that provider.
Terms and Conditions
0. Who’s Who
Throughout these Terms, “you” applies to both individuals and organisations that access or use our Services. If you are an individual using our Services on behalf of an organisation, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that organisation.
1. Your Account
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under and via your account and any other actions taken in connection with our Services under your username. You must not share or misuse your access credentials. You must immediately notify us of any unauthorised uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Creating a musicexams.com account is an inquiry about our products and services, so we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication.
2. Minimum Age Requirement
Our Services are not directed specifically to children, however, children may use our site under specific conditions. Access to and the use of our Services is available without constraint only for those over the age of 18 (or 16 in the European Union). For anyone under 18 years of age, parental consent to create an account in order to use our services. This consent is a requirement of registration on our site and without such consent, users may not register for or use our Services.
Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older (or 16 years or older in the European Union), or that parental consent is given. When required, proof of parental consent must be provided with account creation https://www.musicexams.com/my-account/register/.
Parental consent may be withdrawn by at any time by contacting International Music Exams.
3. Our Services
International Music Exams’ core Service is an examination service that connects students and examiners. In these terms and conditions, a student or examiner with an account with International Music Exams is a “Student” or “Examiner” respectively.
In undertaking an exam with International Music Exams, the Student must only use repertoire indicated on our website. International Music Exams may also publish information about types of exams, marking rubrics, permitted repertoire, and applicable timeframes on our website.
Once a Student receives confirmation of acceptance for an exam, the Student must provide International Music Exams with a URL accessing a video recording of the Student’s own performance, newly-recorded for the principal purpose of being examined using our Service. Please note that International Music Exams does not host or store recorded performances on its website. International Music Exams will then provide the Student with an exam mark once the examination performance has been marked by an Examiner.
Other Services provided by International Music Exams can be found on its website.
4. Responsibility of Visitors and Users
International Music Exams does not host or store recorded performances on its website. To the extent that there is user-generated content posted to our Services or to other websites in association with our Services by users or anyone else (“Content”), we have not reviewed, and cannot review, all such Content and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
- We also have not reviewed, and cannot review, all of the material made available through the websites and web pages that link to, or are linked from, musicexams.com or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm or liability resulting from non-musicexams.com websites or your interactions with them.
5. International Music Exams Fees, Payment, and Renewal
- Fees for Paid Services. Some of our Services are offered for a fee, such as musicexams.com enrolments, and some Ecommerce Services (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (for example, musicexams.com/pricing fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting our support team.
- Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonised or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
- Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services, and you must not represent yourself as being accredited in any way by International Music Exams. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorise us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a musicexams.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for musicexams.com Paid Services by visiting your https://musicexams.com/my-account.
- Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site. For example, you can manage all of your musicexams.com plans through your musicexams.com/my-account. To cancel a musicexams.com plan, go to your https://musicexams.com/my-account, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.
- Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from Australia or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden International Music Exams systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
You represent and warrant that you will not hold yourself out (whether expressly or by impliedly) as, by your use of the Service, having taken an exam or being accredited by a music examination provider other than International Music Exams.
You represent and warrant that the performance to be assessed is your own, and newly recorded for the principal purpose of being examined using our Service and you will not engage in any form of academic or performance dishonesty, including passing off another person’s performance as your own, or distorting or otherwise amending any material that you provide to International Music Exams.
7. Specific Service Terms
musicexams.com Websites and Accounts
- Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view on musicexams.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
8. Copyright Infringement
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material on the musicexams.com website violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
9. Intellectual Property
The Agreement does not transfer from International Music Exams to you any International Music Exams or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with International Music Exams.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may be modified the posting by International Music Exams of a revised version. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any International Music Exams policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.
If you wish to terminate the Agreement or your musicexams.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Disclaimer of Warranties
Our Services are provided “as is.” International Music Exams and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither International Music Exams, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Victoria, Australia.
14. Limitation of Liability
In no event will International Music Exams, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. International Music Exams shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law, including the Australian Consumer Law.
You agree to indemnify and hold harmless International Music Exams, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees on a lawyer/client basis, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, or Content that you post.
These Terms were originally written in English (EN). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between International Music Exams and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under the Agreement to any party; International Music Exams may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.