Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") form a binding agreement between you and Musably Pty Ltd ("Musably", "we", "us") and govern your access to and use of the Musably website, mobile experiences and services (collectively, the "Service"). By creating an account or using the Service you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of the service

Musably is an online marketplace that connects independent music teachers ("Teachers") with students ("Students") for one-to-one video lessons delivered via Zoom. Musably is not the employer of Teachers and does not provide music lessons directly. Teachers are independent contractors solely responsible for the content and quality of their lessons.

3. User accounts

You must be at least 18 years old to create an account. Students under 18 may use the Service only with the consent and supervision of a parent or legal guardian who maintains the account. You agree to provide accurate information, keep your password confidential and notify us immediately of any unauthorised use. You are responsible for all activity under your account.

4. Teacher responsibilities

• Provide accurate qualifications, experience and pricing.
• Deliver lessons at the scheduled time, professionally and in accordance with the description provided to the Student.
• Comply with all applicable laws, including tax, working with children, and consumer protection laws in your jurisdiction.
• Maintain appropriate equipment and a reliable internet connection for video lessons.
• Not solicit Students to take lessons or make payments outside the Musably platform.

5. Student responsibilities

• Provide accurate information when booking lessons.
• Attend lessons at the scheduled time.
• Treat Teachers with respect and behave appropriately during lessons.
• Pay all fees due through the Musably platform.

6. Payment terms

Students pay lesson fees in advance through Stripe at the time of booking. Musably retains a platform fee of 20% of each lesson fee and pays the remaining 80% to the Teacher after the lesson has been delivered, in accordance with Stripe's payout schedule.

Prices are displayed in the currency selected at checkout and are inclusive of any applicable GST where Musably is required to collect it. Teachers are responsible for their own income tax and other obligations arising from fees they receive.

7. Refund and cancellation policy

We aim to be fair to both Students and Teachers. The following policy applies to all bookings:

• Cancellations more than 24 hours before the lesson: Students receive a full refund.
• Cancellations within 24 hours of the lesson: no refund is provided, except in exceptional circumstances (such as serious illness, bereavement or technical failure on our side) at Musably's discretion.
• If a Teacher cancels a lesson for any reason, the Student automatically receives a full refund and may rebook with the same or a different Teacher.
• No-shows: if a Student does not join the lesson within 15 minutes of the start time, the lesson is treated as completed and no refund is given. If a Teacher does not join within 15 minutes, the Student receives a full refund.

Nothing in this policy limits any non-excludable rights you have under the Australian Consumer Law.

8. Prohibited conduct

You agree not to:

• use the Service for any unlawful, fraudulent or harmful purpose;
• circumvent the Musably platform by arranging payments or lessons with another user off-platform;
• harass, abuse, discriminate against or harm any other user;
• upload viruses, malware or any content that infringes the rights of others;
• attempt to access accounts, data or systems you are not authorised to access;
• scrape, copy or reuse content from the Service without our prior written consent.

We may suspend or terminate accounts that breach these Terms, without notice where appropriate.

9. Intellectual property

The Musably name, logo, website, software and original content are owned by Musably or its licensors and are protected by copyright, trade mark and other laws. You may not use our intellectual property without our prior written consent. Teachers retain ownership of the lesson content they create, and grant Musably a non-exclusive licence to host and display materials they upload to the platform solely to operate the Service.

10. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Musably makes no warranties about the accuracy, reliability, suitability or availability of the Service or the conduct of Teachers or Students.

11. Limitation of liability

To the maximum extent permitted by law, Musably's total aggregate liability arising out of or in connection with the Service is limited to the greater of (a) the total fees paid by you to Musably in the 12 months preceding the claim, and (b) AUD $100. Musably is not liable for any indirect, incidental, special or consequential loss, including loss of profits or data. Nothing in these Terms excludes or limits any guarantees, rights or remedies under the Australian Consumer Law that cannot lawfully be excluded.

12. Indemnity

You agree to indemnify Musably against any claims, losses, damages and costs arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.

13. Termination

You may close your account at any time by contacting us. We may suspend or terminate your access to the Service at any time if you breach these Terms or if we reasonably consider it necessary to protect other users or the platform.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and Musably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them in relation to any dispute arising under or in connection with these Terms.

15. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes by email or via the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact us

For any questions about these Terms, contact us at hello@musably.com.