ADDITIONAL TERMS OF SERVICE FOR STRIPY SOCK CLUB ONLINE
These Additional Terms of Service (“Terms”) apply to all members, or all potential members of our Stripy Sock Club Online, run by Lah-Lah Productions [ABN 82 166 345 848 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any member, and could include an educational institution, any student, child or parent or legal guardian. Where you enter into this Agreement on behalf of an institution, you represent and warrant that you have the necessary authority to do so.
OUR STRIPY SOCK CLUB
By purchasing a Membership to our Stripy Sock Club, you can access our Video on Demand Services (“Services”) and you are entitled to unlimited access to the Lah-Lah video library (which includes over 170 Lah-Lah videos) plus new videos as they go up. You are also entitled to download worksheets, documents, pdf activities and sheet music and will have access to online streaming shows and events. We also have a private Facebook Group where you can engage with us.
Things you must do before purchasing a Membership
be 13 years old or have parental consent; Where you are under the age of 13 and accessing outside of a school setting, you need to provide your parent’s or legal guardian’s email address so we can seek your parent’s permission to create your account;
provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
ensure you have adequate technology set up and internet access to make use of the Membership. We use Facebook Groups and Uscreen, which is a host provider of video on demand streaming services.
Acknowledgements you make when becoming a Member
You acknowledge and agree that:
you are responsible at all times for your safety and wellbeing and/or that of your children or students;
the Activities involve some risk of injury that are inherent to the Activity, and you knowingly assume all inherent risks to yourself and your students or children;
Participation in any Activities is voluntary. Whilst we endeavour to maintain safety by providing instruction, it is your responsibility to stop activities if they are unsafe.
You further acknowledge and agree that there may be:
occasional errors or omissions in the Services descriptions, prices, availability and promotions;
some Services that are limited to certain regions or groups of people;
technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. We do not endorse their products or services. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.
You authorise us to:
deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
Things you must do after purchasing our Services
maintain the confidentiality of your login and password for your account;
not allow other people to use the Materials or your account;
notify us if you suspect a security breach or unauthorised use of your account;
contact us by email at if you have any difficulty downloading any Materials;
not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
contact us by email at if you have any issues with the Services and require a refund;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.
You must not post any of the following, which is determined at our discretion:
any inappropriate or offensive, threatening or abusive content;
any immoral content, including but not limited to, anything pornographic or obscene;
any illegal content, including any content which is defamatory;
anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Acknowledgement you make in relation to live events
We conduct various events as part of your Membership. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live events.
Things we’d love you to do after purchasing your Membership
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org
If you need to cancel your Membership
If you need to cancel your Membership please log into the Stripy Sock Club Online and click the Account button on the main menu, then click the Billing tab and select Change Plan beneath your active plan. You can then click the button to cancel your membership. Alternatively, email us at email@example.com with 7 days notice so you will not be billed automatically for the following month. All Memberships are for the Membership Period. We do not provide any pro rata refunds for Membership Fees.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
change and update information including availability and promotions;
change prices or descriptions of our Services;
discontinue any Membership Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Services, or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from your Membership where you fail to comply with our instructions.
If we need to cancel the Services we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On the rare occasion we may cancel the Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance we will provide you with a refund. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and/or provide Services at any time
We may refuse to provide a Membership or Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Services.
All the Intellectual Property Rights in our Materials are owned by or licensed by us. You must not remove, alter or obscure any of our copyright, trademark or service marks in or accompanying the Materials. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only, and to hyperlink. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use or the permitted hyperlinking below, will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at firstname.lastname@example.org to seek consent.
Where you wish to hyperlink our Services to your website, you may subject to compliance with the following:
you must not frame the website or any portion of it;
the hyperlink must not be used in a way that suggests that we endorse you or your educational institution or with sponsors on your website;
the link to the website must not be used in any way that defames or disparages us;
your website must not contain any objectionable content which is determined at our sole discretion. (Please note that any website that contains the material as outlined in our posting rules will be deemed objectionable).
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Membership or Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership or Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the replacement of the Membership or Services or the supply of equivalent services; or
the payment of acquiring an equivalent Services.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the posting rules, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. You must not assign this Agreement or any of your rights or obligations under this Agreement. All obligations and liabilities in these Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our materials, including but not limited to any videos, worksheets, and documents, including any sheet music, and pdf activities.
Membership Fee means the membership fee as advertised on our website from time to time.
Membership Period means monthly or annually.
Memberships/ Services means the Stripy Sock Club Online and includes all Materials.
We, us, or our means Lah-Lah Productions Pty Ltd [ABN 82166345848 ] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means www.lah-lah.com, and everything available on this website including, but not limited to, all Memberships and Services.