All text, images, graphics, photographs, trademarks (registered or unregistered), designs, icons, logos and other works contained on the Website, musical works, sound recordings and sheet music provided on the Website, (Content) and selection, arrangement or “look and feel” of all Content, is our property or that of third parties who have granted us their permission to use it on the Website and it is protected by international copyright, design and trademark laws. Your right to use the Website or Content is limited to the rights expressly set out in the Terms.
By visiting or using the Website, you warrant to us that you are not a legal minor and are over the age of 18 and have full and due capacity and authority to do so.
You are not allowed to damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
We grant you a revocable limited non-exclusive license to access, browse or use the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or the sole purpose of making purchases from the Website as set out in the Terms, and except as expressly permitted in the Terms or on the Website, or with our prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for any other purpose of any kind, including but not limited to use as meta tags. You must not assign, transfer or sub-licence this licence without our permission.
To avoid doubt, all musical works and sheet music on the Website is governed by the terms of 6. ‘Use of Products’ below, which takes precedence over this clause.
We offer sheet music for purchase from the Website and any ordering instructions referred to on the Website or otherwise notified to you. These include that you must select the products that you wish to buy within any limits or availability on the Website and must provide, strictly in accordance with the Website, accurate details required in making the purchase, all of which together will be an Order.
By placing an Order, you warrant you are not a legal minor and are over the age of 18 years and have full and due capacity and authority to make the Order. If you are not over the age of 18 years, a parent or legal guardian must make the Order on your behalf, or you must only make it with their prior express consent.
Once you have submitted an Order, you must make payment for the Order in accordance with the payment methods on or referred to on the Website or otherwise notified to you. An order will only be deemed to be made when you have submitted and made the full payment for it, or it has been confirmed by us. On receipt of the Order, it will be processed and it will be deemed binding on you. You will not be able to make any changes to your order once it becomes binding.
We reserve the right to accept or reject your Order for any reason, including the unavailability of any of our products, an error in the price or description of any of our products or any error in your purchase, and in the event that we cancel your Order we will provide a full refund of any payments actually received from you.
You are solely responsible for the safekeeping of your Order information to ensure it is not used by any third party, including via codes or other information.
The price of our products is contained or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any products. All prices will be exclusive of GST and processed in Australian dollars unless otherwise notified on the Website. All payments must be received by us in full in cash (Australian dollars) in the exact amount due for the products.
Following an Order we will notify you, by email to the address listed in the Order, of the dispatch of the products to you which may take up to 21 days, but you acknowledge this is an estimate only and time is not of the essence for the products’ delivery, and we shall not be liable in any circumstance for any delay in the delivery of products. All deliveries will be made to your address as it appears in the Order and be sent via post or carrier chosen by us or any method that is contained or referred to on the Website, or otherwise notified to you during an Order. We are not liable for damage during the transportation or delivery of the products or for any inability to deliver product in accordance with the Order itself.
If you do not receive the products from your Order within 6 weeks of our email to you, you must notify us by email and we will dispatch a replacement to you free of charge, on the same terms set out above. If the replacement products do not arrive you must again notify us by email and we will endeavour to find a solution.
Limitations on the use of our products apply equally and unconditionally to all customers who make an Order from us, and all third parties who may otherwise have access to our products. We reserve all rights at all times to take legal action where a party’s intent, behaviour or conduct appears inconsistent with the Terms.
You agree to the following essential terms as a condition of receiving products:
– You may photocopy or similarly reproduce our sheet music for your own private use only.
– You may not copy or reproduce our sheet music in any way and provide, make available, distribute or sell it to any other third parties in any way.
– For choral music, you may make as many photocopies of our sheet music as you wish for your choral organisation only, provided that you and your choral organisation have been specified in your Order. We will ensure these details are specified on the first page of the sheet music.
The musical compositions or works embodied in our sheet music (Works) may be used for private and public performances by musicians or choirs, being live performance in a physical space with the audience present in it.
Private and public performances by musicians or choirs of the Works may be filmed or recorded and placed on YouTube or other internet video sites.
The Works cannot be used for any other purposes not set out above, which includes but is not limited to film, TV, radio, sound recording or film, online or any other communication, broadcast or transmission method, or any new media, without the prior written agreement of the copyright owner, which may be provided conditional upon a licensing fee or other terms to be agreed. To request agreement, email firstname.lastname@example.org
All public performances permitted under the above remains subject to the rights of the Australasian Performing Rights Association Inc. and all similar bodies worldwide, and you must obtain proper permission from the proper performing rights association or body in your country prior to doing so.
All Works remain our sole property (or that of third parties who have granted us their permission to use it) and are protected by international copyright laws. We reserve all rights in the Works not expressly granted to you in these Terms and your right to use the Works is limited to the rights expressly set out in the Terms. We grant you a revocable limited non-transferable non-exclusive license to use the Works as expressly set out in the Terms, and you are otherwise prohibited from using, copying, modifying, downloading, displaying, transmitting, distributing, publishing, selling, licensing, creating derivative works or otherwise using Works.
Upon delivery of the products, you must promptly notify us of any defect or other issues, or if any of the products are missing. Title and risk to the products (excluding intellectual property) will pass to you, and you will bear the risk of any loss, damage or deterioration of the products, upon delivery to you, except as set out in any warranties otherwise made expressly in these Terms or implied by law.
You cannot return or receive a refund on any products, except where the products do not comply with the warranties made under these Terms or the product is not in accordance with the Order without your consent or agreement. To avoid doubt, you acknowledge that a defect will not be a defect of ours if it has occurred as a result of actions, or of inaccurate information provided, by you.
You cannot obtain a refund if you change your mind after making an Order.
The Website may contain links to third parties websites or content (Third Party Content). We do not monitor, review or update, and do not have any control over, Third Party Content. Unless expressly stated otherwise, we do not endorse or adopt Third Party Content and make no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of it. If you use links or Third Party Content, you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trademark or otherwise via the Website does not constitute or imply any endorsement, sponsorship or recommendation.
The Website and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, we do not make any representations or warranties as to the Website or Content, including warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration, accuracy or suitability of information, descriptions, guidelines or images on the Website including samples, We do not represent or warrant that the Website or its servers, applications or functionalities are free of viruses or other harmful components, and you bear the sole risk of loss or damages that you may incur or suffer as a result of any use of or visit to this Website. We do not guarantee continuous, uninterrupted, error-free or secure access to the Website or its Content, since the operation of the Website may be interfered with by numerous factors outside of our direct control.
Except to the extent expressly required by law or expressly set out in the Terms, we specifically disclaim all or any liability arising from your access to or use of the Website and Content and making an Order and in no event will we, our affiliates, officers, employees or agents be liable for loss or damage of any kind, including indirect, incidental, consequential, punitive or special damages or any loss of use, loss of profits or loss of opportunity, whether in contract, tort, strict liability or otherwise (including negligence), arising out of or in any way connected with those matters (even if we have been advised of the possibility of such damages). In any event, our total liability to you for damages, losses or actions (whether in contract or tort (including negligence) or otherwise) will not exceed the amount paid by you, if any, for any Order from us to which your loss or damage relates.
You release and forever discharge us, our affiliates, officers, employees or agents from all and any such loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
Our liability for breach of any condition or warranty implied by legislation is, at our option, limited to the replacement of goods, the supply of equivalent goods or the payment of the cost of replacing or acquiring equivalent goods, or to supplying services again or payment of the cost of having services supplied again.
You agree to indemnify and hold harmless us and our affiliates, officers, agents, employees or agents from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also agree to indemnify us from any and all damage you may cause us, our business or the Website due to your interactions with us, any negligent act or omission or willful misconduct or any claim, suit or action bought against us as a result of your acts or omissions.
This Clause contains continuing separate obligations and it survives termination.
We reserve the right, without notice and in our sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website. Failure by you to abide by the Terms revokes your authorisation to use the Website including any license granted to you. We will not be liable for any damages, loss or expenses of any kind, including indirect or consequential, suffered or incurred by you in any way (including negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the Website, in any way, other than any refund under these Terms.
Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you grant us a license to use it for the purpose for which it was given and our reasonable promotional or marketing purposes and you acknowledge this clause is sufficient to give effect to the license. You acknowledge that any contribution you make, does not in any way give you a right, title or interest in the Content or the Website and you warrant to us you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms, it is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it. All material published on the Website is at our sole discretion and may be edited, removed or republished as we may see fit.
You acknowledge and agree you will be bound by updates or revisions to the Terms and it is your responsibility to check the Website and Terms from time to time. We are not obliged to notify you prior to changes to the Website or Terms.
Making an Order may involve submitting your name, email address, telephone numbers and payment details to us or a third party who process payments for us. This is necessary for us to provide you with products you have ordered from us.
Personal information may be disclosed to third parties as above or in situations where we have a reason to believe that doing so is necessary to identify, contact or bring action against anyone who may be damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure. We will take reasonable steps to destroy or permanently de-identify personal information that is no longer needed for any purpose. However, some personal information may need to be stored as archives for record-keeping purposes only.
We endeavour to ensure security, integrity and privacy of personal information submitted to us, and review and update security measures regularly. However, we will not be held responsible for unauthorised access to personal information.
If at any time, you discover that personal information held about you is incorrect, you may apply to us in writing to have it corrected. You may on reasonable request, and pursuant to National Privacy Principles, access personal information.
These Terms prevail over anything stated on the Website or otherwise by us, unless it is expressly set out in such a statement that it prevails over the Terms.
If we fail to do anything we are entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of the Terms are not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of Western Australia.
These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.
[Dated 29 April 2013]