AUSTEP MUSIC TERMS AND CONDITIONS
Thank you for visiting www.austepmusic.com.au (the Site) (which may be available through other addresses or channels), which is owned by Jacqueline Louise Evans trading as ‘Austep Music’ ABN 52 518 065 561 (Austep/we/us/our).
These terms and conditions create a contract between Austep and the person who accesses or views this Site (you) (which includes, in the case of a minor (as per the age of majority in the jurisdiction in which they reside) (a Minor), their legal parent or guardian), which is comprised of these terms (the Agreement). Please read the Agreement carefully.
The Agreement applies to the access to and/or the use of the Site, the online store accessible at https://www.austepmusic.com.au/shop/ (the Store), any purchase that you make from Austep (either through the Site, Store or otherwise) and the use of the information services and content provided through this Site. By accessing and using this Site and/or the Store and/or by placing an order with us, you are agreeing to comply with and be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you must immediately cease using the Site and may not access or use the Site or the Store.
1. THE WEBSITE CONTENT
1.1 The ‘Content’ is, collectively and severally, any services, advice, goods, products, content including photographic images and videos and features made available through the Site or the Store.
1.2 Any third party who provides the Content or who is otherwise associated with Austep has represented to Austep that they are professionals with appropriate expertise and experience, however Austep makes no warranty or guarantee that the third party is appropriately qualified or experienced in relation to the goods or services that they provide.
1.3 Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
1.4 Any Content provided should not be considered to be professional advice and we strongly recommend that you engage appropriate professional advisors prior to acting on the information in any Content.
1.5 No third party providers are employed by us, nor do we endorse or recommend any third party provider. Specifically, it is up to you to make your own enquiries regarding the provider prior to engaging them to provide any additional services or content (paid or otherwise).
1.6 Austep grants to you, and you accept, a non-exclusive, non-transferable, limited licence for you to use the Content strictly in accordance with this Agreement.
1.7 The licence provided under this Agreement is personal to you and you must not re-sell, sub-license, rent, lease or otherwise distribute the Content. All other rights in respect of the Content is reserved to us.
1.8 You may only use the Content for personal, non-commercial purposes.
1.9 To use our Site, the Store and/or the Content, you need compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Site’s and Store’s performance may be affected by these factors.
1.10 You acknowledge that the terms of agreement with your respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Site and/or Store. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Site or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or device being used to access the Site or the Store, you will be assumed to have received permission from the bill payer.
1.11 Your right to use the Site and/or Store is subject to your ongoing compliance with all provisions of this Agreement.
1.12 If you are the legal parent or guardian of a Minor, you are responsible for and liable for ensuring that the Minor complies with all provisions of this Agreement, as if they were named as you in it.
1.13 We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Site and/or the Store and/or the Content at any time without notice to you, in our sole discretion.
2. LIMITATIONS OF LIABILITY
2.1 In relation to your use of the Site, the Store and the Content, the following limitations of liability apply:
(1) you acknowledge and agree that Austep will not be liable to you or to any other persons for:
(a) your use (or misuse) of the Site, the Store or the Content;
(b) any loss or damage of any kind that is directly or indirectly caused by or results from your wrongful, wilful or negligent act or omission; or
(c) any direct, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage,
to the extent that it is not directly caused by Austep’s wilful or negligent act or omission;
(2) to the fullest extent permitted by law, you release Austep from any claim, loss, damage or other liability incurred by you in relation to your use of the Site, the Store, or the Content, except to the extent arising from the wilful or negligent acts or omissions of Austep;
(3) Austep does not represent or guarantee that the Site, Store or Content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Austep from any liability relating thereto;
(4) you assume full responsibility for backing-up and/or otherwise protecting your data (if any) in the Site and/or the Store against loss, damage or destruction;
(5) Austep is not responsible for data charges you may incur in connection with your use of the Site, the Store or the Content;
(6) you indemnify Austep against:
(a) any and all loss, expense or damage we incur (including legal costs on an indemnity basis); and
(b) any and all liabilities we incur,
directly or indirectly caused by, or resulting from, any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you.
2.2 You acknowledge and agree that this Agreement’s limitations of liability in clause 2.1 are essential to Austep and Austep would not have entered into this Agreement in their absence.
2.3 Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
2.4 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:
(1) the supply of the Content provided for under this Agreement; or
(2) the payment of the cost of having the Content supplied again.
3. INTELLECTUAL PROPERTY
3.1 You agree that the Site, Store and Content, including but not limited to the graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Site, the Store or the Content contain proprietary information and material that is owned by Austep and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site, the Store or the Content for personal, non-commercial uses in compliance with this Agreement.
3.2 No portion of the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Content in any manner, and you shall not exploit the Content in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
3.3 If you believe that any Content available through the Site or the Store infringes the copyright claimed by you, please contact Austep.
4.1 Orders placed through the Site and/or the Store and/or by contacting us by email or phone are subject to acceptance by us (the Order). Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure.
4.2 Acceptance is subject to payment being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or service that is the subject of the Order (the Goods).
4.3 A contract (which is separate to this Agreement) for the supply of Goods is made each time you place an Order for the Goods from Austep, and those contracts are subject to the terms contained in this Agreement.
4.4 Any order placed on a weekend or public holiday may not be processed until the next business day.
4.5 Austep may be unable to supply some or all of the Goods for whatever reason, in which case you will not be charged for the Goods ordered, or if you have been charged, you will be refunded.
4.6 You will promptly provide all reasonable information required by us (the Client Content) in order to allow us to provide the Goods to you. You acknowledge and agree that if you delay, or fail to, supply us with the Client Content, then we may be unable to provide the Goods in a timely manner or at all. We will not be liable for any delay in the provision of Goods caused by your failure to comply with the obligations contained in this clause.
4.7 For clarity, you warrant that you own or are authorised to deal with any intellectual property rights (including, but not limited to copyright) held by a third party in connection with any Client Content that you provide in order to allow us to provide the Goods that are the subject of an Order.
5. PRICES AND PAYMENT
5.1 Unless otherwise specified, all prices shown in the Store will exclude GST.
5.2 Austep may use a payment gateway or other online payment platform (the Payment Platform) for financial transactions entered into when placing an Order, and if the Payment Platform is used by Austep:
(1) you acknowledge that you agree to any terms and conditions relating to a third-party arrangement when using the Payment Platform when placing an Order via the Store;
(2) Austep is not able to access your credit card or other financial details and you agree that Austep will not be held liable for any loss you incur arising from your use of the Payment Platform; and
(3) you acknowledge that any terms and conditions relating to the Payment Platform do not form part of these Terms and Conditions and that any such arrangement creates a separate contract between you and the
provider of the Payment Platform to which Austep is not a party. Austep cannot be held liable for any loss or damage suffered by you that arises directly or indirectly as a result of your use of the Payment Platform.
5.3 If a payment gateway is not used by Austep, you agree that payment may be made by any method specified by Austep and agreed by you, which may include payment by credit card or debit card.
6.1 Austep reserves the right to arrange transport of the Goods by any means in our sole discretion.
6.2 Unless otherwise determined by Austep, the price of Goods does not include shipping or delivery costs, and any such costs will be paid by you.
6.3 Delivery of the Goods is taken to occur at the time that they are delivered to the address nominated by you (the Address) or a post office close to that location, and risk is taken to have passed to you once delivery has occurred.
6.4 If the Address is unattended at the time of delivery, we may leave the Goods at the Address or deliver them to a nearby post office, at your sole risk.
6.5 Any time or date for delivery given by Austep is an estimate only, and you must still accept delivery of the Goods even if delivered late.
6.6 Where Austep or our nominated transport contractor enters the Address to deliver the Goods, you:
(1) release Austep from any claim in respect of damage occasioned to the Address, or injury to any persons arising out of the delivery by Austep or our nominated transport contractor of the Goods; and
(2) indemnify and hold Austep harmless from and against any loss, damage or liability suffered or incurred by Austep in respect of damage occasioned to the Address or injury to persons arising out of the delivery by Austep or our nominated transport contractor of the Goods;
except for and to the extent that such loss, damage or liability suffered or incurred by Austep arises out of the negligent act or omission of Austep or our nominated transport contractor.
7. DEFECTS & WARRANTIES
7.1 Except as expressly set out in this Agreement, Austep makes no warranties or other representations in relation to the Goods.
7.2 You must inspect the Goods within twenty-four (24) hours of delivery or as soon as reasonably possible after any such defect becomes evident notify Austep in writing of any evident defect/damage, shortage in quantity or failure to comply with the description. Upon such notification, Austep may require that you provide us with photographic evidence of any defect/damage, shortage in quantity or failure to comply with the description.
7.3 To the extent permitted by law, the liability of Austep in respect of any defect in or damage to the Goods is limited to, at the option of Austep:
(1) the replacement or repair of the Goods; or
(2) the payment of the cost of repairing or replacing the Goods; or
(3) a refund of any money paid for the Goods.
7.4 Subject to clauses 7.5 and 7.6, returns will only be accepted provided that:
(1) you have complied with the provisions of clause 7.2; and
(2) Austep has agreed that the Goods are defective; and
(3) the Goods are returned within a reasonable time and at your cost (if that cost is not significant); and
(4) the Goods are returned in the same, or materially the same condition to that in which they were delivered in.
7.5 Notwithstanding anything contained in clause 7.3 and 7.4, if Austep is required by a law to accept a return then Austep will only accept a return on the conditions imposed by that law.
7.6 Austep shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(1) your failure to properly maintain or store any Goods;
(2) your use of the Goods for any purpose other than that for which they were designed;
(3) your continued use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(4) your failure to follow any instructions or guidelines provided by Austep; or
(5) fair wear and tear, any accident or act of God.
7.7 Nothing in this Agreement is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
8. GENERAL PROVISIONS
8.1 We may vary, alter or amend these Terms and Conditions at any time, by providing you with at least seven days’ notice. Each time you use the Site, the Store or place an order with us, you are deemed to accept the then-current Terms and Conditions.
8.2 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site, Store and/or the Content. Your use of the Site, Store and/or the Content may also be subject to other laws.
8.3 You hereby grant Austep the right to take steps Austep believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Austep has the right, without
liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Austep believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Austep’s right to cooperate with any legal process relating to your use of the Site, the Store and/or the Content, and/or a third-party claim that your use of the Site, the Store and/or the Content is unlawful and/or infringes such third party’s rights).
8.4 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
8.5 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision of the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction. If you are a qualified public educational or government institution and any part of this Agreement is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
8.6 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
8.7 Austep may subcontract with one or more affiliates or third parties to provide any service required to be provided by Austep under this Agreement, provided that no such use of subcontractors shall relieve Austep of its obligations under this Agreement.
8.8 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
8.9 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.