- CONSUMER AGREEMENT
The material on the Martine Cotton (Music Industry Inside Out) ABN: 25 242 237 257 website (“Website”), under the domain name ‘musicindustryinsideout.com.au’ (collectively ‘Website’) resides on a server in The United States of America.
This is a legally binding agreement between you and Martine Cotton (“Music Industry Inside Out”), “we”, “us”, “our”), and represents the Terms of Service.
If you do not agree (or cannot comply) with the terms and conditions set out in this Agreement, you must not use the Website or our services (“Service(s)”) or any part thereof.
We reserve the right to amend, vary, modify, and/or replace these Terms of Service at our sole discretion and without notice. A version of the current Terms of Service will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Service as they apply from time to time.
If you access this Website from outside Australia you agree that you are also responsible for ensuring compliance with all local applicable laws in the country where you are located.
- MEMBERSHIP AND REGISTRATION
If you under the age of 18, you must obtain your parent or guardian’s permission before becoming a Member and using the Service. If you are not over the age of 18 and do not have your parent or guardian’s permission, and/or you do not agree to all the terms and conditions of this Agreement, you may not use our Service.
From time to time, we may contact you via your Member Account details, including without limitation, to update you on our Service, special offers, competitions or promotions, newsletters, and other account-related or transactional messages.
We reserve the right to refuse the registration of any Member, and to terminate any existing Membership, at our sole discretion.
You are solely responsible for the security and activity that occurs on your Member Account and for keeping your Member details, including (where relevant) your login and password, secure. You agree that we will not be held liable for any unauthorised activity or use of your Member Account. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.
You agree and understand that whether you are a Member or a non-member, you will need to register on the Website in order to purchase products and services from this Website. Members may be entitled to receive discounts when purchasing and/or registering for products and services from this Website. You understand that access to some areas of this Website may also be restricted to members only and/or CEC approved program providers.
- THE SERVICES
You understand and acknowledge that our Services are made available on an “as is” and “as available” basis. Whilst we will use reasonable endeavours to provide the Service to you, you acknowledge that it may not be continuous or fault-free, and may not be available at all times. Events which are outside our reasonable control may also affect the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers, computers, tablets and smart phones) connected thereto. You assume all risks and all costs associated with your use of the Service, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your devices and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to, and will not provide you with any maintenance, technical or other support for the Service.
You agree that we reserve the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, we may provide notice of any such changes to the Service by posting them on the Website and/or via the applicable service. You agree that we shall not be liable to you or any third party for any modification, suspension or cessation of the Service. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Service to you, or any part thereof, now or in the future.
You agree that you will not use the Service to:
(a) stalk, harass, threaten, intimidate or harm another;
(b) pretend to be anyone, or any entity, you are not, you will not impersonate or misrepresent yourself as another person, entity, one of our employees, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity. We reserve the right to reject or block any Member which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity;
(c) engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement or otherwise;
(d) use, distribute, reproduce or commercialise any content from the Service except as permitted by this Agreement, by law, and with prior written agreement from us;
(e) transmit any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of the Service without the prior written agreement of us;
(f) forge any TCP-IP packet header or any part of the header information or otherwise putting Information in a header designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing “);
(g) access (or attempt to access) any part of the Website by any means other than through the interface provided by us;
(h) engage in any activity which disrupts or interferes with the Service or the servers and networks that host the Service;
(i) interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or breach any policies, requirements or regulations of networks connected to the Service (including gaining unauthorised access to, use or monitoring of data or traffic thereon); or
(k) plan or engage in any potentially fraudulent, illegal or offensive activity.
Material or information on this Website is subject to periodic changes and may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own independent enquiries before entering any transaction or action on the basis of the content on this Website.
You understand and agree that publication of electronic addresses on our Website is for the purpose of professional communication only and must not be used to infer consent by us or the relevant addressees, to the receipt of unsolicited commercial electronic messages.
Information collected when you use the Service may include technical or diagnostic information related to your use that may be used by us to maintain, improve and enhance the Service.
Should Music Industry inside Out be purchased by a third party, you understand and grant us the right to transfer any personal information that we hold in relation to you to the third party. We will not be required to obtain your consent or notify you.
- INTELLECTUAL PROPERTY
Copyright in material on this site and restriction of use
Save and except for any third party copyright included on this website pursuant to a licence or agreement, all the content on and intellectual property right in this Website and downloads from it (“Content”), are exclusively owned by Martine Cotton (“Music Industry Inside Out”) ABN: 25 242 237 257. All rights reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
We grant you permission to do the following with the content unless otherwise specifically directed:
- store a reproduction of the content on your local computer for the sole purpose of viewing it;
(b) print hard copies of the content for non-commercial use or personal use only;(c) reproduce or distribute any complete page of the content so long as you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document; and
(d) you do not modify the copy from how it appears on the Website (unless expressly authorised by Martine Cotton (“Music Industry Inside Out”)).
Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the Website including audio and video excerpts without the prior written approval of us.
We reserve all intellectual property rights, including but not limited to, copyright in the material, content and services provided by us and further reserve all copyright in the content for and on behalf of any third party.
Nothing in this Agreement provides you with the right to copy, use, including but not limited to, any digital content, trademarks, marketing material, logos, domain names, and brands, unless otherwise set out herein.
You acknowledge and agree that we and/or our licensors own all legal right, title and interest in the Services including the Website, and any software we make available at any time for use with the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Website and the Service, and any other part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Copyright in other material
We make no warranties or representations that any third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
We are not, and must not be taken to be, authorising the infringement of any intellectual property rights contained in material on any other linked third party sites by linking this Website to such material on other sites.
Whilst we do not claim ownership of any content submitted by Members, if you do correspond or otherwise communicate with us through the Service in circumstances where it would be reasonable from the content of the communication to expect that you intend the correspondence to be accessible to other Members or users, then you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, replicate, display, broadcast and distribute the content of that correspondence or communication. This may include, but is not limited to, publishing testimonials on social media sites, using posts, comments and likes on your linked Facebook page or our Facebook page, and/or developing your ideas or suggestions to improve the products or services provided by us.
Trademarks including but not limited to the words ‘Martine Cotton’ ‘Music Industry Inside Out’, unless otherwise indicated, are owned by Martine Cotton in Australia and may be the subject of copyright and intellectual property rights in other countries. You must not use Martine Cotton’s trademarks and/or logo(s) except: (i) by saving or printing out a copy of our Website as permitted by the copyright notice above; (ii) as permitted by written agreement from us.
This Website may contain trade marks or logos of other third party companies or organisations and these are proprietary to the registered owner(s) of such marks which are used with the consent of that party and remain the property of that party.
You acknowledge and agree that we may access, use, preserve and/or disclose your Member Account information if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
- comply with legal process or request; or
- enforce this Agreement, including investigation of any potential violation thereof; or
- detect, prevent or otherwise address security, fraud or technical issues; or
- protect the rights, property or safety of us, our users or the public as required or permitted by law.
- PROMOTIONS AND REWARDS
From time to time, we may offer promotional events (such as competitions), or reward Members for undertaking particular tasks to be determined at our sole discretion (“Reward”), all of which shall be valued as specified by us at our sole discretion or as varied by us from time to time.
Any promotional event will be subject to separate terms and conditions.
Any Reward given to a Member cannot be exchange or taken as cash.
Nothing herein obligates us to offer a Reward to any Member.
Nothing herein obligates us to offer a credit system.
Any Member that participates in a promotional event or is given a Reward, hereby consents to us publishing their Member Account name, their name, their likeness and details of the promotion or reward on any and all official social media accounts, push notifications, electronic direct marketing and on the like.
All competitions that you may enter on this Website are governed by the relevant State legislation and have their own separate terms and conditions. You are encouraged to read these carefully before entering into any competition.
Your payment must accompany any registration for membership, for events, or orders to purchase products.
A Tax Receipt will be issued once processing has been completed. Any dispute regarding the invoice must be notified to us in writing within two (2) business days of receipt of the invoice. No product or service shall be delivered to you without payment being received in full by us.
Payment via on-line transactions: Fill in your details and we will charge the transaction to your account.
You acknowledge and agree that we may use third party payment services, including but not limited to Stripe, for the collection and processing of your payments. You understand that any late or failed payment may be subject to the terms and conditions of service of that third party, including any fees for late payment or penalty fees as set out by that third party partner.
Prices for membership are correct as at the time they appear on this Website. However, we reserve the right to change prices at any time and at our sole discretion.
The prices appearing on this Website may have a GST component and you are encouraged to check this at point of purchase, otherwise the prices may include processing, handling, insurance and delivery charges for delivery within Australia.
In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.
The GST exclusive price is only available to customers who: (i)are non residents; (ii) are outside Australia at the time they receive the supply of the any materials; and (iii) agree to the declaration referred to above.
To the extent permissible by law, we will not refund, exchange, or redeem for cash any goods or services, offer or deal purchased by you (“Purchase”). We will only refund in circumstances based on merit and at our discretion or where we have made a fundamental error or mistake and such refund or exchange shall be limited to the resupply of the value of the Purchase.
- SOCIAL MEDIA – FACEBOOK AND THIRD PARTY MATERIALS
Our Service provides Members with the option to share comments, posts and links on our Facebook page.
You agree that you will not post any inappropriate, offensive, illegal or fraudulent content on our Facebook Page or in relation to this Agreement, and that any breach of this Agreement may lead to the immediate termination of your Member Account.
You understand that certain components or features of the Service may include materials from third parties and/or hyperlinks to other websites, resources or content (“Third Party Materials”). You acknowledge and agree that we are not responsible for the availability of such Third Party Materials, do not endorse or warrant the accuracy of any such Third Party Materials, and shall in no way be liable or responsible for any Third Party Materials, including advertising, products or materials on or available from them.
You further acknowledge and agree that we shall not be responsible or liable in any way for any loss or damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Third Party Materials, and advertising or products on or available from them.
- LIMITATION OF LIABILITY
Statutory warranties contained in consumer protection law and any other relevant legislative provisions are implied into this Agreement. Nothing in this Agreement is intended to restrict those implied warranties, and this Agreement must be read subject to those relevant statutory provisions.
We (i) make no warranties or representations about this Website or any of the Content; (ii) accept no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content; (iii) does not guarantee that this Website will not cause damage or is free from viruses or any other defects or errors. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by us in relation to the use of this Website or the Content, is limited as provided under relevant statute.
We will not be liable for any loss or damage, including for negligence, breach of contract, or tort and including any form of consequential loss including but not limited to any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, economic loss, and the like, whether caused directly or indirectly in connection with your use of the Service including the Website This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
We will not be liable for any loss or damage resulting from the theft, loss or unauthorised use of the Service or your Member Account.
We do not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of us.
External links and advertisements
This Website contains links to websites maintained by other third parties over which we have no control. We do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
You agree that we shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on the Website or linked external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster. Further, we do not make any warranties in relation to any goods and/or services, material or content supplied by any third party in connection with the Service or the Website. Further, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external third party sites to which this Website is linked, nor are we responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and/or services.
You agree to indemnify, defend and hold harmless Martine Cotton, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable legal costs and expenses on a full indemnity basis) asserted by any third party due to or arising from or in connection with your use of Content, or use of this Website, or messages posted or transmitted by you on or through this Website. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
Any verbal advice provided by our advisers is: (i) given in good faith; (ii) given on the basis that you have accurately disclosed all relevant facts to us; and (iii) relates only to the facts which you have disclosed to us and your individual circumstances.
Verbal advice may not represent the only and/or definitive solution to your enquiry or contain all the detail required to answer your enquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your individual objectives, financial situation or needs before acting on it as we may not be able to take these fully into account during a brief telephone conversation or initial meeting.
Business Registration Disclaimer
In relation to the provision of membership services: (i) we exclude all implied conditions and warranties except those the exclusion of which would contravene any relevant statute or cause any part of these terms and conditions to be void; (ii) to the fullest extent permitted by law, we will not be liable for any loss or damage (whether foreseeable or not) suffered by any person acting on our advice, whether the loss or damage arises in connection with our negligence, default or lack of care, any misrepresentation or any other cause; and (iii) our liability is limited to providing you with the Services again.
Nothing in this Agreement creates a partnership, employment relationship, or agency relationship between you and us.
You agree that we will not be held liable for any delay in fulfilling our obligations under this Agreement if such a delay is caused by an act of God, act of terrorism, revolution, civil strife, industrial or legal action, fire, flood, storm, war, disaster, plague or epidemic, delay in transportation, internet or wireless connectivity, or telecommunication availability, delay by any third party, or any other cause outside our control.
You agree that certain technical difficulties or maintenance, may from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice.
This Agreement is governed by and must be construed in accordance with the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of Queensland and the Australian Commonwealth in respect of all matters or things arising out of this Agreement.
Notwithstanding any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use to our Service, must be filed within twelve (12) months of the date of the facts giving rise to the suit were known or should have been known by you. Failure to issue proceedings within this time shall be deemed a permanent waiver of such claim or cause of action.
Each party represents, warrants to and covenants with the other that it has full power to enter into and perform its obligations under this Agreement and this Agreement constitutes valid and binding obligations of that party enforceable in accordance with its terms.
We may assign, novate or transfer this Agreement and the Service, or any part thereof, to any third party, without requiring your consent. You may not assign this Agreement in whole or in part for any reason.
- ENTIRE AGREEMENT
If any provision of this Agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:
(a) where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve the result; and
(b) in any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included.
- CONTACT US
If you have any further questions or need help you can get a prompt response from our team by emailing us at firstname.lastname@example.org