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Amplify Music Education

General Terms and Conditions

Background

This Agreement is for the Company to provide the Customer the services outlined in Schedule 1 (Services), and Schedule 2 (Terms of Use), which includes access to the software the Company provides as part of the Service (Software).

Operative Provisions

Definitions and Interpretations

Definitions

In this agreement unless the context otherwise requires:

Intellectual Property means copyrights, patents, trade marks, service marks, trade names, designs, and similar industrial, commercial and intellectual property (whether registered or not and whether protected by statute or not and including formulae and know-how).

Interpretations

In this agreement unless the context otherwise requires:

  • a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
  • the singular includes the plural and vice versa;
  • a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
  • a reference to any gender refers to all genders;
  • a reference to a recital, clause, schedule, annexure or exhibit is to a recital clause, schedule, annexure or exhibit of or to this agreement
  • a recital, schedule, annexure or description of the parties forms part of this agreement;
  • a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;
  • a reference to any party to this agreement, or any other document or arrangement, includes that party's executors, administrators, substitutes, successors and permitted assigns;
  • where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
  • where an expression is defined anywhere in this agreement it has the same meaning throughout;
  • a reference to time is to local time in ; and
  • a reference to "dollars" or "$" is to an amount in Australian currency.

Services and Support

  • Subject to the terms of this Agreement, the Company will use commercially reasonable efforts to provide the Customer the Services in accordance with the Service Level Terms attached in Schedule 1.
  • Subject to this Agreement, the Company will provide the Customer with reasonable technical support services in accordance with the Company’s standard practice.

Restrictions and Responsibilities

  • Except as otherwise permitted by the Copyright Act 1968 (Cth) or agreed to in writing by , the Customer must not:

    • modify the Software or merge any aspect of the Software with another programme, record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Software, the source code of the Software or any documents, manuals or setup instructions provided with the Software or in relation to the Services;

    • licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Software or the Services;

    • engage in unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

    • access, store, distribute or transmit:

      • viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;
      • material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
      • material that facilitates illegal activity; or
      • material that abuses or causes damage or injury to any person or property;
    • provide Software login details or passwords, or otherwise provide access to the Software, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Software;

    • share any features of the Software that are not publicly available with any unauthorised third party;

    • engage in any conduct on the Software that is in breach of this Agreement (or any agreements mentioned therein); and

    • encumber or allow the creation of any mortgage, charge, lien or other security interest in respect of the Software.

      Any breach of this clause 2 constitutes a breach of this Agreement and we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Software or the Services, and/or take further actions against you for breach of this Agreement.

  • The Customer represents, covenants, and warrants that the Customer will use the Services only in compliance with the Company’s standard published policies then in effect (Policy) and all applicable laws and regulations.

  • The Customer hereby agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Customer’s use of Services. Although the Company has no obligation to monitor the Customer’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

  • The Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, Equipment). The Customer shall also be responsible for maintaining the security of the Equipment, the Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Customer account or the Equipment with or without the Customer’s knowledge or consent.

Confidentiality and Proprietary Rights

  • Each party (Receiving Party) understands that the other party (Disclosing Party) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (referred to as Proprietary Information of the Disclosing Party).
  • Proprietary Information of the Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of the Customer includes non-public data provided by the Customer to the Company to enable the provision of the Services (Customer Data).
  • The Receiving Party agrees:
    • to take reasonable precautions to protect such Proprietary Information, and
    • not to use (except in performance of the Services or as otherwise permitted in this Agreement) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
  • The Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to the Customer as part of the Services. The Company shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all Intellectual Property related to any of the foregoing.
  • Notwithstanding anything to the contrary, the company shall have the right to collect and analyse data relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and the Company will be free (during and after the term) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
  • No rights or licenses are granted except as expressly set out in this Agreement.

Intellectual Property

  • Subject to clauses 5(a) and 5(b), the Company grants the Customer non-exclusive, non-transferable and revocable license to permit its authorised users to access and use the Software and the Services (including the Intellectual Property contained therein) throughout during the Term.
  • All rights, title or interest in and to the Software and any information or technology that may be provided to, or accessed by, you in connection with your use of the Software or Services is owned, and will remain owned, by the Company or its licensors (Provider IP). Using the Software or the Services does not transfer any ownership or rights, title or interest in and to the Provider IP.
  • All Intellectual Property discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Software or the provision of any Services will automatically vest in, and are assigned to, the Company, including any enhancements, improvements and modifications to the Provider IP (collectively, Developed IP).
  • The Customer must not represent to anyone or in any manner whatsoever that they are the proprietor of the Software and/or the Provider IP.
  • The Customer agrees that the Company may refer to the Customer, their business name, publish their logo and/or trade mark and make reference to the Customer as a customer of the Company in any communications or publications for the purposes of marketing or promoting the Company's business.

Payment of Fees

  • The Customer will pay the Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with this Agreement (Fees).
  • If the Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), the Customer shall be billed for such usage and the Customer agrees to pay the additional fees in the manner provided in this Agreement.
  • The Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or the current renewal term, upon thirty (30) days prior notice to the Customer (which will be sent by email).
  • The Company will choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by the Company thirty (30) days after the emailing date of the invoice.
  • Where applicable, any goods or services tax, charge, impost or duty payable in respect of this Agreement or the supply of any goods or service made under or in respect of this Agreement and any other taxes, duties or levies will be paid by the Customer at the then-prevailing rate.

Term and Termination

  • Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form
  • All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

Warranty and Disclaimer

  • The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Implementation Services in a professional and proper manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. However, the Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.
  • While all due care has been taken, the Company does not warrant that the operation of the Services will be uninterrupted or error free or that any third party components of the Services, will be accurate or error free or that the Services will be compatible with any application, program or software not specifically identified as compatible by the Company.
  • To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Software provided hereunder is given or assumed by the Company other than as required at law.
  • The Company makes no representations, warranties or guarantees:
    • that content available on, or produced by or via, the Software is accurate, complete, reliable, current, error-free; or
    • that the Software and/or the Services are or will be free from viruses, worm, trojan or other malicious code. The Customer responsible for taking precautions in this respect.
  • The Company’s obligation and the Customer’s exclusive remedy during the Term are limited, in the Company’s absolute discretion, to:
    • the Company, at its own expense, using all reasonable endeavours to rectify any non-conformance of the Services by repair (by way of a patch, workaround, correction or otherwise) within a reasonable period of time; or
    • a refund of the Fees paid if, in the Company’s reasonable opinion, it is unable to rectify such non-conformance within a reasonable timescale or at an economic cost, whereupon this Agreement will terminate.
  • The Customer acknowledges and accepts that it is the Customer’s sole responsibility to ensure that:
    • the facilities and functions of the Services meet the Customer’s requirements;
    • the Services are appropriate for the specific circumstance of the Customer and are within the laws and regulations of the Customer’s jurisdiction.
    • the Company does not purport to provide any legal, taxation or accountancy advice by providing the Service under this Agreement.
  • The Company will not be liable for any failure of the Services to provide any function not described in the documentation (provided online as part of the Services) or any failure attributable to:
    • any modification to the Services other than by the Company;
    • accident, abuse or misapplication of Services by the Customer;
    • use of the Services with other software or equipment without the Company’s written consent;
    • use of other than the latest, unaltered current release of the Services; or
    • use other than in accordance with this Agreement.
  • If, upon investigation, a problem with the Services is determined not to be the Company’s responsibility, the Company may invoice the Customer immediately for all reasonable costs and expenses incurred by the Company in the course of or in consequence of such investigation.

Indemnity

The Customer will at all times indemnify and hold harmless the Company and its officers, employees and agents in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or arising directly or indirectly from:

  • a breach by the Customer of its obligations under this Agreement;
  • any wilful, unlawful or negligent act or omission of the Customer.

Limitation on Liabilities

Neither party is liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

General

  • Except as otherwise permitted by this Agreement, no variation to its terms will be effective unless in writing and signed by both the Company and the Customer.
  • If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
  • This Agreement is not assignable, transferable or sublicensable by the Customer except with the Company’s prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent.
  • This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided in this Agreement.
  • No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.
  • All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
  • This Agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Australia.

SCHEDULE 1

Service Terms

Access

The Company will provide access to the software upon receipt of all necessary information required for provisioning until the end of the current academic year as determined by local authorities in your country, state or territory.

Support Service

The Company offers support and training in relation to set-up and operation of the software, as specified in the Order Form or as otherwise agreed with the Customer.

The Company will provide Technical Support to the Customer via both telephone and email on weekdays during the hours of 9:00 am through 4:00 pm Australian Eastern Standard Time, with the exclusion of Australian Public Holidays (Support Hours). The customer may initiate a helpdesk ticket at any time. The Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one to three business days.

SCHEDULE 2

Terms of Use

Overview

Terms of Use apply to the Company’s supply of its software and all associated products and programmes including but not limited to video content, lesson plans, worksheets, assessment rubrics and other lesson materials. The Terms of Use are between the Company and the subscribing entity (Customer) for the schools (Schools) associated with the Enterprise Services Agreement as identified in any quote, purchase order, invoice, proposal or other arrangement, including any trial.

  • Provisioned Access & Use
    • By executing this agreement, an account is created for each school included in the Enterprise Services Agreement. Users (Teachers) are provisioned access creating a Teacher Account (Teacher Account) in connection to their school account (School Account). The access and usage rights provided under this Agreement are granted to Schools as named by the Customer only.
    • Subject to the terms of this Agreement, the Company grants the Schools limited, revocable, non-exclusive and non-transferable access for the Teacher Accounts as specified in the Teacher Access Request form submitted in connection to a School Account.
    • Teacher Account access is controlled using their professional email address and password of their choosing. The Teacher is responsible for keeping the Teacher Account password confidential and secure against unauthorised use, and for all activity that occurs within their Teacher Account. The School must provide true, accurate, current and complete information about itself as requested by the Company.
    • The Customer entering into this Agreement represents and warrants that they are authorised to do so on behalf of Schools and that they are authorised to give the representations and warranties given by a School in these terms.
    • The Customer shall be liable for the acts or omissions of Schools or Teachers in connection with their access to and use of the software, the Services and the Content as though they were the acts or omissions of the Customer.
    • By accessing the software, Teachers are deemed to have accepted the Terms of Use. Access to and use of the software and the Services shall be limited to individual Teachers who have accepted the Terms of Use and who continue to comply with such terms. In the event that a Teacher is in breach of the Terms of Use, then without prejudice to the Company’s other rights and remedies, the Company reserves the right to immediately suspend access to the software and the Services to any or all Teachers associated with the Customer.

PRIVACY POLICY

This Privacy Policy explains how Amplify Trading Co. Pty Ltd (ABN 14 660 409 423) (referred to in this policy as “we”, “us” or “our”) and/or our subsidiaries or affiliates use, collect, store and disclose information supplied to us in connection with our products or services, whether that be through our portal located at https://tv.amplifymusiceducation.com.au/, our website located at https://amplifymusiceducation.com.au/ and associated online platforms (the “Sites”), or by contacting us in person, by phone, or over email (we will refer to the foregoing collectively as the “Services”).

This Privacy Policy details how we comply with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APPs”), and, to the extent that it applies, the EU General Data Protection Regulation 2016/679 (“GDPR”), in relation to the collection, storage, use, and disclosure of your information and data.

We may update this Privacy Policy from time to time at our sole discretion. Any variations become effective on posting the updated Privacy Policy on our Sites, and we shall have no obligation to provide you with individual notice of such changes. Your continued use of the Services following the publication of any amended Privacy Policy shall signify your acceptance of that amended Privacy Policy, except where we are otherwise obliged by law to seek your direct consent.

Please read this Privacy Policy carefully before using the Services. If you do not agree with any part of this Privacy Policy, please do not use the Services, including the Sites.

WHAT INFORMATION DO WE COLLECT?

This Privacy Policy covers all information collected via your use of the Services. The information we may collect from you can be broken down into the following types:

“Personal Information” means information that can be used to personally identify you such as your name, address, email address, phone number, profile picture, and payment details. We do not knowingly collect or process the Personal Information of anyone under the age of 18 without the express consent of their parent or guardian.

“Sensitive Information” is a special type of Personal Information that relates to health information, political beliefs, ethnicity, membership of a professional or trade association, sexual preferences, philosophical beliefs, or criminal record. We will not collect Sensitive Information except with your consent, and then only if collection of such information is necessary for a particular activity or function.

“Usage Information” means anonymous aggregate data that may be automatically collected through your use of the Services. This includes information that identifies your device, your operating system, your IP address, and dates and times that you access and use the Services. This information is used to resolve any technical issues that may arise, or for statistical analysis to help us to improve the Services.

The GDPR recognises that Usage Information, whilst for the most part anonymous, can be cumulatively used to directly or indirectly identify you. Usage Information that can be used to identify you in any way, together with your Personal Information, shall collectively be referred to in this Privacy Policy as “Personal Data”.

HOW WE COLLECT YOUR INFORMATION

Personal Information may be collected directly from you when:

  • you buy our products or services;
  • you sign up for a free trial of the product;
  • you schedule a product demonstration with a team member;
  • contact us via our Sites, phone or email;
  • subscribe to our mailing lists or other direct marketing communications;
  • complete a survey or questionnaire provided by us; or
  • access, browse, use, or otherwise interact with the Sites.

It is your choice to provide Personal Information to us. Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with us. Please be aware that it may be necessary for us to collect your Personal Information to enable us to provide the Services to you. As such, if you do not wish to provide your Personal Information, this may limit our ability to provide the Services to you.

Circumstances where we collect Personal Data about you from sources other than you directly include where:

  • you have consented for a third party to share information with us;
  • where we are authorised by law to collect the information from a third party;
  • where it is unreasonable or impracticable to collect the information from you personally.

If we collected your Personal Data from third parties in circumstances where you may not be aware that we have collected such Personal Data, we will take reasonable steps to notify you of the collection and circumstances surrounding the collection.

COOKIES

We may from time to time collect anonymous Usage Information from the Services, by utilising cookies, pixel tags and other tracking technologies (collectively “Cookies”). Cookies are small packets of data that are downloaded onto your device when you access a website. Cookies hold specific information that helps a website ‘remember’ your actions and preferences over time. These are the types of Cookies that we may use to operate the Sites:

  • Strictly Necessary Cookies – these Cookies are essential to ensure that the Sites work correctly, and record information that allows you to move around the Sites and navigate their features;
  • Performance Cookies – these Cookies collect information about how you use the Sites, such as how often you access the Sites and if you encounter any errors;
  • Functionality Cookies – these Cookies allow the Sites to remember the choices you make to provide a more personalised experience;

Cookies can stay on your device temporarily (“Session Cookies”) or until you manually delete them (“Persistent Cookies”). You can adjust your browser settings at any time to block Cookies, however please note that doing so may limit our ability to provide the Services to you in a fully operational form.

To request a full list of the individual Cookies and tracking technologies we use, please email us.

THIRD PARTY SITES

The Services may contain plug-ins and links to third party sites to enhance your user experience (“Third Party Sites”). We do not have access to, or control over, the technologies that third parties (including the Third Party Sites) may use to collect information about you. Please refer directly to the privacy policies and statements of the operator of any Third Party Sites to obtain information regarding their data collection, use, and disclosure policies. We disclaim all liability in connection with the services of any Third Party Sites integrated or otherwise linked to the Services, and we encourage you to reach out to them directly should you have any questions in connection with their services. For a full list of Third Party Sites integrated or otherwise linked to our Services, please email us.

HOW WE USE YOUR INFORMATION

You agree that we may use your Personal Data for legitimate purposes including, but not limited to, the following:

  • to confirm your identity;
  • to provide the Services to you;
  • to respond to requests submitted by you;
  • to maintain and improve the functionality of the Services;
  • to prevent, detect and investigate potential illegal activities, security breaches and fraud;
  • to comply with legal and regulatory requirements;
  • to contact you via email or other instant message platforms to provide you with periodical promotional messages about new products or other information which we think you may find interesting, only where you have opted in to receiving such communication and until you ‘opt out’.

For the avoidance of doubt, we will only use your Personal Data for purposes that you would reasonably expect us to use your Personal Data for in connection with providing the Services to you, or where we are required by law to collect your Personal Data. We will not sell, rent, or license your email address or any of your Personal Data.

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. How long we retain your Personal Data depends on the type of data and the legitimate purpose for which we process and/or retain the data.

‘Opt Out’ We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from direct marketing, and as such these consents can be modified at any time by emailing the Privacy Officer or clicking unsubscribe on any direct marketing communications.

Please note certain non-marketing related correspondence from us, including messages relating to payment, will be automatically sent to you by virtue of your use of the Services and you may not have the option to unsubscribe from receiving this correspondence.

WHO WE DISCLOSE YOUR INFORMATION TO

You agree and consent to us disclosing your Personal Data to:

  • our directors, officers, employees, consultants, contractors and agents;
  • our Related Bodies Corporate (as that term is defined in the Corporation Act 2001 (Cth);
  • potential investors and financiers;
  • debt collection agencies and credit reporting bodies;
  • external counsel for the purpose of obtaining professional advice;
  • service providers with whom we have entered into an agreement with to help us provide the services, including marketing agencies, financial service providers, and technical support;
  • government and regulatory authorities;
  • any third party with your express approval; and
  • where we are required to disclose such information by law or to otherwise prevent harm.

We will take reasonable steps to ensure that these third parties are bound by Australian privacy laws.

You can withdraw your consent for us to share your Personal Data with third parties at any time by emailing our Privacy Officer (per the details at the end of this Privacy Policy), but please note that withdrawal of such consents may affect your ability to access and use the Services.

YOUR RIGHTS TO YOUR INFORMATION

You have a general right to access any Personal Information that is held about you by us, unless a valid exception applies. You can request this at any time by contacting our Privacy Officer. Please note that we cannot modify your Personal Information. You can modify your own information at any time by emailing the Privacy Officer (per the details at the end of this Privacy Policy).

You acknowledge that it is your responsibility to maintain the truth, accuracy, and completeness of your information and your failure to do so may inhibit our ability to provide the Services to you. You acknowledge and agree that you remain solely responsible for maintaining the truth, accuracy, and completeness of your information at all times, and we shall have no liability to you or any third party arising from your failure to do the same.

In accordance with the GDPR, we acknowledge the additional rights of EU subjects to:

  • have their data erased that is no longer being used for a legitimate purpose;
  • request a copy of all Personal Data held about them in a readable format, along with supplementary information to verify that such Personal Data is being processed lawfully; and
  • request restricted processing of their Personal Data whilst any complaints or concerns are being resolved.

To erase, request, or restrict processing of your Personal Data, please email the Privacy Officer (per the details at the end of this Privacy Policy).

SECURITY

We protect your Personal Data through technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, or unauthorised access. No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, we accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data, or for the actions of any third parties that may obtain any information or data.

Notwithstanding the above, we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the Australian Information Commissioner and, where our data breach involves the information of EU subjects, report to the European Data Protection Supervisor. We will also inform you, where possible, if your data has been breached in the circumstance where it poses a risk of serious harm or your rights and freedoms.

We also train our personnel who may have access to your Personal Data about this Privacy Policy and our obligations under the Privacy Act, APPs, and GDPR. For more information on our internal policies, email the Privacy Officer (per the details at the end of this Privacy Policy).

OVERSEAS DISCLOSURE

We may, in the course of providing the services to you, transfer your Personal Data to overseas countries that are deemed by the EU Commission as having an ‘adequate’ level of Personal Data protection. Where we transfer data to a third party in a country where no adequacy decision has been made, we will take reasonable steps to ensure person or entity handling your data in those countries are bound under contract to meet the requirements of the Privacy Act, APPs, and GDPR (as applicable).

CONTACT

Thank you for taking the time to read our Privacy Policy. If you have any questions regarding our Privacy Policy, you can contact us at: Amplify Trading Co. Pty Ltd Att: Privacy Officer Email: info@amplifymusiceducation.com.au

If you are not satisfied with our handling of your Personal Data, or have any other concern over our Privacy Policy, then you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au) or with the European Data Protection Supervisor (for more information, please see https://edps.europa.eu).

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