Last updated 01/01/18
This website (the “Website”) and it’s related services are owned and operated by International Sound Design Group Pty Ltd (trading as MusicBrief) ABN 40 091 109 992 (“MusicBrief”).
Please read these Terms and Conditions carefully before using the Website.
MusicBrief reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.
3. Additional terms and conditions
Additional terms and conditions, including the Terms of Sale, may apply to the purchase of goods and services available via the Website. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of Website or for any good or service offered through the Website, the latter terms will apply with respect to your use of that part of the Website.
4. Technical requirements
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Website.
5. Use of the website
When using the Website, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Website, or make any commercial use of the Website, without the prior written permission of MusicBrief.
You must not engage in any activity through use of this Website to :
(a) advertise, transmit or solicit any commercial messages;
(b) engage in any illegal, unethical or immoral conduct;
(c) mine or collect information or data from this Website;
(d) manipulate, damage, interfere with or impair the functionality any of this website;
(e) breach any applicable law or any third party’s rights (including, without limitation, intellectual property rights);
(f) disrupt, overburden or assist in such disruption or overburdening of any computer server or network;
(g) harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity; and/or
(h) mislead or deceive any person.
6. Log-in details
You must provide accurate and complete information when logging-in to the Website, update all of your details regularly, keep your login and password details confidential and immediately notify MusicBrief if you become aware of any unauthorised access to or use of the Website in breach of these Terms and Conditions.
You acknowledge that you are responsible for all use of your log-in and password details whether authorised or not.
MusicBrief may at any time cancel a username, login details or password with respect to your use of the Website if MusicBrief considers that such username, login details or password are offensive or infringe any third party’s rights or if you breach any term of these T&Cs.
7. Intellectual property in content on the website
All intellectual property rights in and to the Website and in content on the Website vest in MusicBrief or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.
8. Trade marks
You must not use any MusicBrief trade marks without the prior written approval of MusicBrief.
9. Cancellations, refunds, exchanges and queries
Subject to below, MusicBrief will not cancel, exchange or refund any component of any purchase you make through the Website.
By making full payment to MusicBrief in relation to any purchase you make through the Website you confirm any purchase of goods or services and you enter into a binding contract on the terms and conditions set out in these Terms and Conditions in relation to the goods or services you purchase.
Upon receipt of payment by you, MusicBrief will confirm your purchase by email to the email address you provide to MusicBrief setting out details relating to your purchase including goods or services (if any) you have purchased and any other relevant information.
You must notify MusicBrief if you do not receive confirmation of your purchase as contemplated above.
Once you have confirmed a purchase through the Website, cancellation, exchange or refunds will only be made as required by law or as otherwise provided by these Terms and Conditions.
You acknowledge that :
(a) for the purposes of these Terms and Conditions the “purchaser” is the holder of the credit card used to pay for any purchases made through this Website;
(b) any queries relating to anything purchased through this Website must be made by the purchaser; and
(c) MusicBrief cannot enter into any correspondence with any party other than the purchaser in relation to any queries relating to purchases.
10. Pricing and goods and services tax
All of MusicBrief’s pricing is inclusive of any applicable goods and services tax, includes the base supply of your purchases and all fees charged to and by MusicBrief to supply your purchases to you and is subject to change at any time prior to you confirming your purchases.
11. Third party websites
The Website may contain links or references to internet sites operated by third parties. These third party sites are not under the control of MusicBrief and MusicBrief is not responsible for the content of these sites. MusicBrief makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.
12. No unsolicited email or spam
The Spam Act 2003 prohibits the sending of Spam. “Spam” is an unsolicited commercial electronic message sent without the consent of the person who receives the message via email, SMS, MMS, instant messaging or similar technologies.
You must not use the Website to transmit, directly or indirectly, Spam or bulk communications that include Spam.
If you use any feature of the Website for the purpose of sending Spam, MusicBrief reserves the right to immediately terminate your account or access to the Website and to seek appropriate legal recourse, as necessary.
These Terms and Conditions are effective until terminated by MusicBrief and MusicBrief may terminate these Terms and Conditions without prior notice to you.
14. Limitation of liability
MusicBrief does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However MusicBrief does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Website which may be excluded under law, custom or statute.
To the maximum extent permitted by law, MusicBrief’s liability in respect of any goods or services purchased from or through the Website which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to MusicBrief for that good or service.
MusicBrief will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Website, even if MusicBrief has been advised of the possibility of such damages or losses.
The Website is provided as-is and as available. Subject to clause 11, MusicBrief makes no warranties of any kind, express or implied, about the Website, or the goods and services provided through the Website, including but not limited to any warranties :
(a) about the accuracy and reliability of the material posted on the Website;
(b) that your access to the Website or the material on the Website will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
MusicBrief is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Website.
MusicBrief assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. MusicBrief is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Website. MusicBrief also expressly disclaims any warranty of fitness for a particular purpose.
MusicBrief reserves the right to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website and to interrupt the operation of the Website or any portion of the Website as necessary to perform maintenance at any time, for any reason and without notice.
You indemnify MusicBrief, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with :
(a) any breach or alleged breach by you of these Terms and Conditions;
(b) your use of the Website; and
(c) any violation of any law or the rights of any third party.
MusicBrief’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
18. Entire agreement
These Terms and Conditions constitute the entire agreement between you and MusicBrief regarding your use of the Website, superseding any prior agreements between you and MusicBrief relating to your use of the Website.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
20. Rights and remedies cumulative
MusicBrief’s rights and remedies are cumulative and none of them limits any other remedy or right of MusicBrief. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.
MusicBrief may assign its rights under these Terms and Conditions in whole or in part to any other person in MusicBrief’s absolute discretion.
22. Governing law
These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.