1. General

The laws of Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Austep Music to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the company.

 

  1. User Obligations

In using the Austep Music website and services you agree to the following terms and conditions:

Austep Music reserves the right to investigate and take appropriate legal action against anyone who, in Austep Music’s sole discretion, violates these  Terms and Conditions of Use, including without limitation, reporting you to law enforcement authorities.

The User acknowledges and agrees as follows:

Not to make Unauthorised Use of the website;

Not to participate in, conduct, encourage or solicit any of the following activities:

Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

Advertising to, or solicitation of, any Member to buy or sell any products or services through the Austep Music website where you do not have Austep Music’s explicit permission. It is also a violation of these rules to use any information obtained from the website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

Not to use or otherwise engage in any conduct in any way related to the website:

For any unlawful, illegal, malicious or improper purpose or to conduct or promote anything that is illegal or otherwise breaches any law;

Which in any way interferes with its availability for other users or otherwise interferes with its proper operation;

That Outages may occur in relation to the website without notice to the User and that such Outages will not entitle the User to any compensation, regardless of the cause or length of the Outage; any compensation will be at the sole discretion of Austep Music;

Any information provided by the User to us or posted or sent to or via the website will be true, accurate, complete and up to date, and will not be misleading, and the User will either be the owner or have authorisation to provide us with such information; and

To be bound by these Terms and Conditions of Use including these Terms and Conditions of Use as amended or changed from time to time.

Members will ensure that their details are up-to-date, accurate and not misleading;

Acknowledges that, in respect of their details, we may retain, and will protect, the information provided by the General User in accordance with our Privacy Policy

To become a Member, the User must:

Complete their details in the manner described on the website;

Be 13 years of age or older; and

Agree to any particular terms and conditions attaching to the use of any Member Services in addition to these Terms and Conditions of Use.

Member acknowledges and agrees:

That he or she is solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by him or her from time to time;

That he or she is not a minor, or if a minor, is not younger than 13 years of age and has had these Terms and Conditions of Use explained to him or her;

That he or she will not reveal (or cause to be revealed through any act or omission) his or her User Password to any other person;

That he or she will not enter any agreement that would interfere with the full and prompt performance obligations under these Terms and Conditions of Use;

All details provided are true and accurate in every respect and that we may rely upon them in the exercise of our rights and powers under these Terms and Conditions of Use;

That he or she is solely responsible for all access to and use of the Website, including any linked websites via his or her User Password, whether such access or use is by the Member or any other person;

That Member Services are for one User only and the User will not let any other person use his or her User Password or any Member Services;

To indemnify Austep Music of any responsibility resulting from any infringement to your or any others rights resulting from use of the website, hacking or malicious attack perpetrated by any other person or software.

The user is prohibited from the following

Covering or obscuring the banner advertisements on your personal profile page, or any website page via HTML/CSS or any other means;

any automated use of the system, such as using scripts to add friends or send comments or messages;

interfering with, disrupting, or creating an undue burden on the website or the services;

attempting to impersonate another Member or person;

copying any Austep Music owned code for any private or commercial purposes;

using any information obtained from the Website in order to harass, abuse, or harm another person;

displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, creating and/or selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or using the website in a manner inconsistent with any and all applicable laws and regulations;

any other activity that in Austep Music’s sole discretion is deemed to be contrary to the interests of Austep Music or any General User or Member.

In addition, you agree not to use the service or the website to:

Harvest or collect email addresses or other contact information of other members from the Service or the website by electronic or other means for the purposes of sending unsolicited emails and other unsolicited communications;

use the Service or the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;

use automated scripts to collect information from or otherwise interact with the service or the website;

upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasion of privacy, hateful, or racially, ethnically or otherwise objectionable; members who use inappropriate language or discriminate in any way on the website will face membership termination and possible other penalties.

impersonate any person or entity, or falsely state or otherwise misrepresent yourself, Your age or Your affiliation with any person or entity;

upload, post, transmit, share or otherwise make available any unsolicted or unauthorised advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

upload, post, transmit, share or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;

upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment;

upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Austep Music, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Austep Music or its members to any harm or liability of any type.

  1. Copyright And Other Intellectual Property


The names, images and logos identifying Austep Music and its products and services are proprietary marks of Austep Music. All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site, other than “User Generated Content” and “Your Data” shall remain at all times the property of the Austep Music.

 

  1. Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature. Any advice given by Austep Music is based on independent research and should not be used as legal advice; and

excludes all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of Your statutory rights as a consumer are affected.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which the User may directly or indirectly suffer in connection with their use of this Website, any product or service (including any General User or Member Services) accessed or supplied from, on, via or by us, or the Website, or any linked website, nor do we accept any responsibility for any such loss arising out of the User’s use of, or reliance on, information contained on or accessed through the website.

The User acknowledges that:

Where we do provide general or generic recommendations, these recommendation are not specific to, and have not be customised or tailored to, the User’s circumstances, and we give no warranty as to the accuracy, reliability, completeness, timeliness, usefulness or otherwise, of those recommendations. We do not accept liability for loss or damage caused by the User’s reliance upon any such recommendation, and it remains the User’s responsibility to evaluate the accuracy, completeness and usefulness of any such information. The User will seek independent advice and assistance before relying upon such recommendations; and

any opinions or advice by third parties remain the responsibility of those third parties.

We give no warranty:

As to the condition, quality or performance of the Website or any component of the Website;

as to the accuracy, reliability, completeness, timeliness, usefulness or otherwise, of the content of the Website, including text or graphics;

as to the continued availability to us of information to enable us to keep the content of the Website up to date;

in relation to defects, error or inadequacies of any kind in the content of the Website, or any component of the Website, regarding its fitness for any particular purpose, or interruptions in access to, operation of or use of the Website;

that the website will run properly on the computers, hardware, software, modems and similar which are necessary to access the Website, including any connection to the internet, and all associated telephone lines and telecommunications services, which the User has selected or acquired, or within all network and operating system environments used by the User;

where the information made available through the website or any product or service (including any General User or Member Services) accessed or supplied from, on, via or by us, or the website, contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by the User’s reliance upon any information obtained through the Website or any product or service (including any General User or Member Services) accessed or supplied from, on, via or by us or the website, and it remains the User’s responsibility to evaluate the accuracy, completeness and usefulness of any such information.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

If the breach relates to goods, the:

Replacement of the goods or the supply of equivalent goods;

payment of the cost of replacing the goods or of acquiring equivalent goods;

If the breach relates to services, the:

Supplying of the services again; or

payment of the cost of having the services supplied again.

  1. Indemnity

The User (including without limitation any General User or Member) hereby releases and irrevocably indemnifies us, our servants and agents from and against any and all actions, claims, loss, damage, cost (including legal costs on a full indemnity basis), expense or liability to, by or of us or any other person arising from or in any way related to:

Any act or omission of the User in breach of these Terms and Conditions of Use;

any use by the User, whether direct or indirect, of the Website or Linked Websites or any other website;

any negligent or wilful misconduct, or other wrongful or unlawful conduct of any kind by or on the part of the User.

  1. Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Austep Music will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.

  1. Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

  1. Notification of Changes

Austep Music reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

  1. 9. Other

Subscriber Prizes

Every two (2) months, one (1) website member or newsletter subscriber will be selected to receive a prize. They will be notified by email and given one (1) month to collect their prize.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website indicates your understanding, agreement to and acceptance, of full Terms and Conditions contained herein. your statutory Consumer Rights are unaffected.