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Terms of Service

Read the terms that apply when you use the Jammin’ with Andy website, paid products, subscriptions and coaching services.

Effective date: [publication date]

On this page

Using Jammin’ with Andy

1. Acceptance and scope2. Eligibility and accounts3. Website and free content4. Paid products and services

Subscriptions and delivery

5. Subscriptions, renewal and cancellation6. Response times, planned closures and interruptions

Your material and payments

7. Customer recordings and other submissions8. Prices, currency, taxes and payment providers9. Refunds and Australian Consumer Law

Rights and conduct

10. Intellectual property and music rights11. Acceptable use

Platforms, access and responsibility

12. Third-party platforms and links13. Suspension and ending access14. Responsibility and liability

Privacy, changes and help

15. Privacy16. Changes to these terms17. Complaints and disputes18. Contact
On this page

Using Jammin’ with Andy

1. Acceptance and scope2. Eligibility and accounts3. Website and free content4. Paid products and services

Subscriptions and delivery

5. Subscriptions, renewal and cancellation6. Response times, planned closures and interruptions

Your material and payments

7. Customer recordings and other submissions8. Prices, currency, taxes and payment providers9. Refunds and Australian Consumer Law

Rights and conduct

10. Intellectual property and music rights11. Acceptable use

Platforms, access and responsibility

12. Third-party platforms and links13. Suspension and ending access14. Responsibility and liability

Privacy, changes and help

15. Privacy16. Changes to these terms17. Complaints and disputes18. Contact

Terms of Service

Effective date: [insert on publication]

These Terms of Service explain the rules that apply when you use the Jammin’ with Andy website, create an account, purchase a product or service, or subscribe to an ongoing service.

Jammin’ with Andy is operated by Andrew John Hungerford, a sole trader trading as JAMMIN’ WITH ANDY (ABN 21 250 805 754). In these terms, “Jammin’ with Andy”, “JWA”, “we”, “us” and “our” refer to Andrew John Hungerford.

1. Acceptance and scope

By using our website, creating an account, clicking to accept these terms, or purchasing a product or service, you agree to these Terms of Service.

These terms apply together with:

  • the description, inclusions, price, currency and billing period shown on the relevant product or checkout page;
  • any reasonable instructions we provide for a particular service; and
  • our Privacy Policy.

If a product-specific description conflicts with these terms about the particular inclusions or delivery of that product, the product-specific description applies to that issue. These terms continue to apply to everything else.

2. Eligibility and accounts

Paid services, personal feedback and coaching are available only to people aged 18 years or older.

You must provide accurate and current information when creating an account or making a purchase. You are responsible for keeping your login details secure and for activity carried out through your account.

Your account and paid access are personal to you. You must not share, sell or transfer your account or allow another person to use paid material through your login.

3. Website and free content

Our website, videos, articles, demonstrations and free resources are provided for general musical education and information.

You may use free content for your personal, non-commercial learning. You must not reproduce, sell, republish or present it as your own unless we have given written permission.

Music learning is individual. We do not promise that using the website or following any lesson, demonstration or feedback will produce a particular musical, technical, examination, performance or commercial result.

4. Paid products and services

The product or checkout page will state the main inclusions, price, billing period, delivery method and any limits that apply before you purchase.

Personal saxophone coaching is normally provided asynchronously through the nominated coaching platform. You may submit material and receive written, audio or video feedback in accordance with the inclusions shown when you purchase.

A live video call is not a standard entitlement unless it is expressly included in the product description or separately agreed with you.

You are responsible for supplying suitable recordings, links, questions and other information reasonably needed for us to provide the service. Delays caused by incomplete, inaccessible or unsuitable material may extend the delivery time.

5. Subscriptions, renewal and cancellation

Where a product is sold as a subscription, the checkout page will clearly state that recurring payments apply, the amount or method for calculating the amount, the billing currency and the billing interval.

Unless the checkout states otherwise, a subscription renews automatically at the end of each billing period and the payment method on file will be charged in advance for the next period.

You may cancel a subscription at any time through the available account or billing controls, or by contacting support@jamminwithandy.com. We do not charge a cancellation fee. Cancellation normally takes effect at the end of the current paid billing period, and access continues until then.

We will not charge a further renewal after the cancellation becomes effective. Cancellation does not remove any rights you may have under the Australian Consumer Law.

If we propose a material price increase or a material reduction to an ongoing subscription, we will give reasonable advance notice. The change will apply only from a future renewal, and you may cancel before it takes effect.

If a payment fails, the payment provider may retry the payment. We may suspend access while an amount remains unpaid, but we will not require payment for a future period after an effective cancellation.

6. Response times, planned closures and interruptions

Any published response time is an estimate or service target, not a guarantee of an exact response at a particular hour.

We may announce planned studio closures, including holidays, in advance. Published response-time estimates do not include announced closure periods.

You will not lose a paid coaching entitlement solely because of a planned studio closure. Where a closure materially affects the service available during your paid period, we will provide an appropriate extension, carry-forward, account credit, billing adjustment or other reasonable solution.

If illness, technical failure, platform outage or another unexpected event materially delays a paid service, we will communicate with affected customers as soon as reasonably practical and provide an appropriate remedy where required.

Nothing in this section limits your rights under the Australian Consumer Law.

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7. Customer recordings and other submissions

You retain ownership of recordings, messages, questions and other material you submit.

You give us a limited permission to access, copy, store, view and use that material only as reasonably necessary to:

  • provide the service you requested;
  • communicate with you about the service;
  • maintain reasonable business and support records; and
  • meet legal, security or dispute-resolution obligations.

We will not publish your recording, use it in marketing or share it as a testimonial without your separate permission.

You must have the right to submit the material. You must not submit unlawful material, material that seriously infringes another person’s rights, or private material belonging to someone else without their permission.

Recording links must remain accessible for long enough for us to review them. Our handling of personal information is explained in our Privacy Policy.

8. Prices, currency, taxes and payment providers

Prices are displayed and charged in the currency shown at checkout. Some products may be priced in United States dollars.

Your bank, card provider or PayPal may apply currency-conversion charges, international transaction charges or its own exchange rate. Those charges are controlled by the provider and are not retained by Jammin’ with Andy.

Payments may be processed by third-party providers such as Stripe or PayPal. Their terms and privacy practices also apply to their payment services.

Prices include any tax that we are legally required to include, unless the checkout clearly states otherwise.

9. Refunds and Australian Consumer Law

We are not required to provide a refund merely because you change your mind, no longer want the product, do not use the service, or forget to cancel before a clearly disclosed renewal.

However, our products and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded.

If a product or service has a major failure, you may be entitled to cancel the service and receive a refund for the unused portion or compensation for its reduced value, as well as compensation for other reasonably foreseeable loss or damage.

If a failure is not major, you may be entitled to have the problem corrected within a reasonable time. If it is not corrected within a reasonable time, you may be entitled to cancel the affected service and receive a refund for the unused portion.

Where we cancel a paid service for reasons not caused by your breach, we will provide the service already purchased, an appropriate alternative, or a refund or credit for the undelivered portion.

10. Intellectual property and music rights

Unless otherwise stated, the website design, JWA branding, original videos, lessons, feedback, written material, graphics, downloads and other original JWA content are owned by or licensed to us.

When you purchase or access JWA material, we give you a limited, personal, non-exclusive, non-transferable licence to use it for your own learning. You must not copy, redistribute, resell, upload, broadcast, publish, scrape, create a competing resource from, or commercially exploit that material without written permission.

Music, compositions, arrangements, sheet music, backing tracks, recordings and platform content supplied by third parties remain subject to their owners’ rights and licence terms.

You are responsible for obtaining your own lawful access to any chart, score, backing track, app or third-party resource required for a lesson or activity. A JWA link, demonstration or recommendation does not transfer ownership of third-party material or grant permission to copy it.

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11. Acceptable use

You must not:

  • use the website or services unlawfully or fraudulently;
  • harass, threaten or abuse another person;
  • interfere with the website, platform, security or accounts;
  • attempt to gain unauthorised access to systems or another person’s account;
  • use automated tools to copy or extract substantial content;
  • distribute malicious code; or
  • use the services in a way that materially disrupts other customers or our ability to provide them.

We may take reasonable action, including restricting or suspending access, where necessary to protect customers, systems, intellectual property or the legitimate operation of the business.

Where practical, we will explain the concern and give you a reasonable opportunity to correct it. Immediate action may be taken where there is a serious security, legal, safety or abuse risk.

12. Third-party platforms and links

Our services may use or link to third-party platforms, including EzyCourse, Stripe, PayPal, YouTube and Tomplay.

Those services are operated independently and may have their own terms, privacy policies, account requirements and availability. We do not control their systems or content.

We are not responsible for a third party’s independent acts, outages or changes, except to the extent that the law makes us responsible or the issue affects a service we are required to provide to you.

13. Suspension and ending access

You may stop using free services at any time and may cancel a subscription as described above.

We may suspend or end access if:

  • you materially breach these terms and do not correct the breach after reasonable notice;
  • payment remains overdue;
  • your use creates a serious legal, security, safety or abuse risk; or
  • we are required to do so by law or by a platform necessary to provide the service.

We may also discontinue a product or service for legitimate business reasons. If this affects an already paid period, we will give reasonable notice where practical and provide the remaining service, a reasonable alternative, or an appropriate refund or credit for the undelivered portion.

14. Responsibility and liability

We will provide services with due care and skill and in accordance with applicable consumer law.

To the extent permitted by law, we are not responsible for loss caused by:

  • your misuse of the website, service or material;
  • inaccurate, incomplete or inaccessible information you provide;
  • unauthorised use of your account caused by your failure to protect login details;
  • third-party systems or events outside our reasonable control; or
  • your failure to obtain required lawful access to third-party music or resources.

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss that was not reasonably foreseeable.

Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded under the Australian Consumer Law.

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15. Privacy

We handle personal information in accordance with our Privacy Policy.

The Privacy Policy explains how we collect and use account information, enquiries, payment-related information, coaching submissions, recordings, analytics and other personal information.

16. Changes to these terms

We may update these terms to reflect legal, operational, security, platform or service changes.

The version published on the website applies from its stated effective date. We will give reasonable advance notice of a material change that affects an ongoing paid subscription.

A change will not retrospectively remove a paid entitlement or a consumer right. If you do not agree with a material change to an ongoing subscription, you may cancel before the change takes effect.

17. Complaints and disputes

Please contact support@jamminwithandy.com first if you have a concern. We will try to understand the issue and resolve it reasonably and in good faith.

These terms are governed by the laws of Queensland, Australia. The courts of Queensland and any other court with lawful jurisdiction may hear disputes.

Nothing in this section prevents you from relying on mandatory consumer protections or bringing a claim in a jurisdiction available to you under applicable law.

18. Contact

Jammin’ with Andy

Operated by Andrew John Hungerford

ABN 21 250 805 754

Email: support@jamminwithandy.com

Website: www.jamminwithandy.com

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Questions about these Terms?

Please contact us if anything is unclear or if you need help with a subscription, purchase or service.

support@jamminwithandy.com

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