Creative Music Theory

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CMT Website Terms of Use

1. CMT Website terms and conditions of use

1.1. This document sets out the terms and conditions (“Terms”) of Creative Music Theory (Pty) Ltd, of 27 Kreupelhout Street, Bredasdorp, Western Cape, 7280, with company registration number 2020/492272/07 (“Creative Music Theory” or “we”) pertaining to the access and use of the information, products, services and functions provided or facilitated on https://creativemusictheory.com/ (“CMT Website”).
1.2. On the CMT Website, Creative Music Theory provides a platform where students from age 6 and older learn fundamental music theory principles and develop their piano skills with real teachers, in real time.
1.3. Should any person that accesses the CMT Website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the CMT Website and/or using our services.
1.4. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission, and consent to be bound by these Terms before purchasing any products or services.
1.5. Creative Music Theory reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the CMT Website. Each time a user accesses the CMT Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Creative Music Theory from time to time. If you are not satisfied with the amended Terms, you should refrain from using the CMT Website.
1.6. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.7. If there is anything in these Terms that you do not understand then please contact us as soon as possible. Please note that calls to us are charged at national rates and may be monitored for training, security, and quality assurance purposes.

2. Who we are?

2.1. In compliance with section 43(1) of the ECT Act, it is noted that the directors of Creative Music Theory are Velia Tyson and Eugene Tyson. We may be contacted at info@creativemusictheory.com or +27 76 209 9838.
2.2. Through the CMT Website we provide music theory and piano tuition in live, online classes.
2.3. We are accredited with the Directorate Music: University of South Africa.
2.4. We are affiliated with Ultimate Music Theory (https://ultimatemusictheory.com/).

3. Music Lessons

3.1. Creative Music Theory grants you the right to access to the platform via the CMT Website. Your access type is dependent on your user type, which may be amongst other things, administration staff, teacher, or student. Requirements for each user type are available from Creative Music Theory.
3.2. Lesson fees are confirmed during the Onboarding process
3.3. Lesson fees are not refundable.
3.4. There are no refunds for missed lessons. If you are unable to attend a scheduled lesson, you must let us know, preferably 24-hours in advance, using the following email address: info@creativemusictheory.com or via WhatsApp.
3.5. Users may be required to purchase lesson material as suggested by Creative Music Theory.
3.6. An invoice for the relevant lessons will be issued in advance for eight or ten lessons, or as arranged. The lesson fees may be amended by Creative Music Theory from time-to-time. Payment must be made within 30 days of invoicing and invoices will continue to be issued until such time as written notice has been received by Creative Music Theory to cancel the lessons. Notice to cancel lessons can be sent to the address set out in clause 2 above. Failure to pay an invoice within 30 days of invoicing will result in termination of the Terms.
3.7. Creative Music Theory reserves the right to disable your access to the CMT Website for any reason that it deems appropriate, including breach of these Terms. In such a case Creative Music Theory will not be required to furnish a refund.

4. Content of the CMT Website

4.1. Creative Music Theory reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the CMT Website and any information or content on the CMT Website.
4.2. Creative Music Theory reserves the right to change and amend the products, prices and rates quoted on this CMT Website from time to time without notice.
4.3. Creative Music Theory may use the services of third parties to provide information on the CMT Website. Creative Music Theory has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that Creative Music Theory and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
4.4. Creative Music Theory makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the CMT Website, including without limitation:
4.5. Creative Music Theory does not warrant that the CMT Website or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. Creative Music Theory expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy;
4.5.1. whilst Creative Music Theory has taken reasonable measures to ensure the integrity of the CMT Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this CMT Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
4.5.2. Creative Music Theory disclaims any responsibility for the verification of any claims. Information published on this CMT Website may be done so in the format in which Creative Music Theory receives it and statements from external parties are accepted as fact.

5. Linked third-party CMT Websites and third-party content

5.1. Creative Music Theory may provide links to third party websites on the CMT Website. These links are provided to the user for convenience purposes only and Creative Music Theory does not endorse, nor does the inclusion of any link imply Creative Music Theory’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
5.2. While Creative Music Theory tries to provide links only to reputable websites or online partners, Creative Music Theory cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Creative Music Theory. Creative Music Theory is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the CMT Website.
5.3. You agree that Creative Music Theory shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the CMT Website. Any dealings that you may have with any linked websites, including advertisers, found on the CMT Website, are solely between you and the third-party website.

6. Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:
6.1. Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the CMT Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
6.2. Decompile, disassemble, or reverse engineer any portion of the CMT Website;
6.3. Write and/or develop any derivative of the CMT Website or any other software program based on the CMT Website;
6.4. Modify or enhance the CMT Website. In the event of a user effecting any modifications or enhancements to the CMT Website in breach of this clause, such modifications and enhancements shall be the property of Creative Music Theory;
6.5. Without Creative Music Theory’s prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the CMT Website by persons other than the user;
6.6. Remove any identification, trademark, copyright, or other notices from the CMT Website;
6.7. Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the CMT Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
6.8. Notwithstanding anything contained to the contrary in these Terms, use the CMT Website for any purpose other than personal, non-commercial and information purposes.

7. Security

7.1. You must ensure that all usernames and passwords required to access the CMT Website are kept secure and confidential. You are encouraged to reset your password if you suspect any unauthorised use of your passwords or any other breach of security and you must take all other actions that Creative Music Theory reasonably deems necessary to maintain or enhance the security of Creative Music Theory’s computing systems and networks and your access to the CMT Website.
7.2. In order to ensure the security and reliable operation of the services to all Creative Music Theory’s users, Creative Music Theory hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
7.3. You may not utilise the CMT Website in any manner which may compromise the security of Creative Music Theory’s networks or tamper with the CMT Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the CMT Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the CMT Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Creative Music Theory suffer any damage or loss, civil damages shall be claimed by Creative Music Theory against the user.
7.4. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Creative Music Theory and its affiliates, agents and/or partners.

8. Intellectual property rights

8.1. For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Creative Music Theory, now or in the future, including without limitation, Creative Music Theory’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
8.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the CMT Website (“proprietary material”), are the property of, or are licensed to, Creative Music Theory and as such are protected from infringement by local and international legislation and treaties.
8.3. By submitting reviews, comments and/or any other content (other than your personal information) to Creative Music Theory for posting on the CMT Website, you automatically grant Creative Music Theory and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain all rights that may exist in such content.
8.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this CMT Website is granted to you.
8.5. Except with Creative Music Theory’s express written permission, no proprietary material from this CMT Website may be copied or retransmitted.
8.6. Irrespective of the existence of copyright, the user acknowledges that Creative Music Theory is the proprietor of all material on the CMT Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
8.7. Creative Music Theory authorises you only to view, copy, temporarily download to a local drive and to print the content of this CMT Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

9. Risk, limitation of liability and indemnity

9.1. The user’s use of this CMT Website and the information contained on the CMT Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
9.2. Creative Music Theory does not monitor lessons that take place between teacher users and student users, any misconduct by either party must immediately be reported to Creative Music Theory.
9.3. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Creative Music Theory be liable for any loss, harm, or damage suffered by the user as a result thereof. Creative Music Theory reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Creative Music Theory deem it necessary.
9.4. To the extent permissible by law:
9.4.1. Neither Creative Music Theory, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the CMT Website or any functionality thereof, or the information contained on the CMT Website, or of any linked website, even if Creative Music Theory knows or should reasonably have known or is expressly advised thereof.
9.4.2. The liability of Creative Music Theory for faulty execution of the CMT Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the CMT Website shall be limited to Creative Music Theory rectifying the malfunction, within a reasonable time and free of charge, provided that Creative Music Theory is notified immediately of the damage or faulty execution of the CMT Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the CMT Website without the prior written approval of Creative Music Theory. However in no event shall Creative Music Theory be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the CMT Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
9.4.3. You hereby unconditionally and irrevocably indemnify Creative Music Theory and agree to hold Creative Music Theory free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Creative Music Theory or instituted against Creative Music Theory as a direct or indirect result of:
9.4.3.1. your use of the CMT Website;
9.4.3.2. software, programs, and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of Creative Music Theory;
9.4.3.3. your failure to comply with any of the terms or any other requirements which Creative Music Theory may impose from time to time;
9.4.3.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
9.4.3.5. any unavailability of, or interruption in, the service which is beyond the control of Creative Music Theory.
9.5. Creative Music Theory makes no warranty or representation as to the availability, accuracy, or completeness of the content of the CMT Website. You expressly waive and renounce all your rights of whatever nature that you may have against Creative Music Theory for any loss suffered by you, because of information supplied by Creative Music Theory being incorrect, incomplete, or inaccurate.

10. Creative Music Theory Privacy Policy

10.1. This clause provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms. Creative Music Theory takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
10.2. Personal information when used in this Policy means information that can identify you as an individual or can identify you. By personal information we do not mean general, statistical, aggregated, or anonymised information.
10.3. Your use of our services signifies your consent to us collecting and using your personal information as specified below.
10.4. How we collect information about you: You may provide personal information to us when creating a user account, using our services, communicating with us; entering a competition, or participating in a promotion, in which case we will ask for your name, address and e-mail address and any other relevant information about you.
10.5. How we use your information: We may use your information to provide services to you, confirm that your orders have been received; to validate you as a customer when using our services; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
10.6. How long do we keep your information for: The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
10.7. Disclosing your information to third parties: We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
10.8. When and where do we use cookies: We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require. We refer you to the WordPress Cookie Notice that appears on the CMT Website.
10.9. How can you refuse or opt out of cookies: Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
10.10. How can you manage your privacy preferences: If you would like us to stop processing your information for marketing purposes, please write to us at the address set out in clause 2 above.

11. Confidentiality

11.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Creative Music Theory. You shall notify Creative Music Theory should you discover any loss or unauthorised disclosure of the information.
11.2. Any information or material sent to Creative Music Theory will be deemed not to be confidential, unless otherwise agreed in writing by the user and Creative Music Theory.

12. Breach or cancellation by Creative Music Theory

12.1. Creative Music Theory is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the CMT Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Creative Music Theory’s right to claim damages, should any user:
12.1.1. breach any of these Terms;
12.1.2. in the sole discretion of Creative Music Theory, use the CMT Website in an unauthorised manner; or
12.1.3. infringe any statute, regulation, ordinance, or law.
12.2. Breach of these Terms entitles Creative Music Theory to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Creative Music Theory on an attorney and own client scale.

13. Compliance with laws

You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to this CMT Website.

14. Notices

Except as explicitly stated otherwise, any notices shall be given by email to the e-mail address you have provided to Creative Music Theory (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Creative Music Theory may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Creative Music Theory. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices, or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

15. General clauses

15.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered and to be performed within South Africa.
15.2. This CMT Website is controlled, operated, and administered by Creative Music Theory from its offices within the Republic of South Africa. Creative Music Theory makes no representation that the content of the CMT Website is appropriate or available for use outside of South Africa. Access to the CMT Website from territories or countries where the content of the CMT Website is illegal is prohibited. Users may not use this CMT Website in violation of South African export laws and regulations. If the user accesses this CMT Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
15.3. Creative Music Theory does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our CMT Website may be interfered with because of factors which are outside of our control.
15.4. Creative Music Theory shall have no liability to you if it is prevented from or delayed in performing its obligations under the Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Creative Music Theory or any other party), failure of a utility service or transport or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Creative Music Theory’s or sub-contractors, provided that you are notified of such an event and its expected duration.
15.5. If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
15.6. Creative Music Theory’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
15.7. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Creative Music Theory.
15.8. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
15.9. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
15.10. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

Last updated: 1 February 2024