WEBSITE TERMS OF USE

Phillip Splitter & Susan Davies-Splitter trading as Welcome To Music™ (ABN 36 300 876 597) (“Website Owners”) own and operate this website (“the Website”). Access to and use of the Website and the products and services available through the Website and the purchase of any products or goods from the Website (collectively “the Services”) is subject to the following terms, conditions and notices (“Terms of Use”). By accessing or using the Services, you are agreeing to all of the Terms of Use, as may be updated by the Website Owners from time to time. You should check this page regularly to take notice of any changes the Website Owners may have made to the Terms of Use. If you do not agree with any of the Terms of Use then you must stop using the Website immediately and you must not access the Services.
1 Amendments to Terms of Use
The Website Owners reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
2 Website
Access to the Website is permitted on a temporary basis, and the Website Owners reserve the right to withdraw or amend the Services without notice. The Website Owners will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, the Website Owners may restrict access to some parts or all of the Website.
Access to some areas of the Website or use of some of the Services by you may require you to agree to an additional set of terms and conditions. Any additional terms and conditions are intended to apply in conjunction with the Terms of Use, however the additional terms and conditions will prevail to the extent of any inconsistency.
3 Linked sites
The Website may contain links to other websites (Linked Sites), which are not owned or operated by the Website Owners. The Website Owners have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of or access to the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.
4 Privacy policy
The Website privacy policy, which sets out how the Website Owners will use your information, can be found here. By using the Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
5 Delivery Policy
The estimated delivery date (if any) for products ordered through the Website is the best estimate only and is not a promise that the order will be delivered by that time. While the Website Owners endeavour to ensure that your order is delivered in a timely manner, they will not be liable for any loss or damage incurred by any person or entity as a result of delay or non-delivery caused by any delivery service or carrier or by any event which is out of the reasonable control of the Website Owners, including but not limited to any delay caused by an incorrect delivery address being provided, war, pandemics, epidemics, labour strikes or natural disasters.
The Website Owners accept no responsibility for lost or unclaimed packages. You are encouraged to use the tracking codes provided to ensure that you are aware of your estimated delivery date and any delays.
6 Returns Policy
If you are not happy with the products purchased from the Website, you are welcome to return your product to the Website Owners with proof of purchase within 14 days of your purchase date for a replacement or a refund. For a refund to be processed, the product must not have been used and not show any signs of wear and tear.. If the product has been used or damaged in any way, you will not be entitled to a refund or a replacement.
7 Prohibitions
(a) You must not misuse this Website or the Services. While accessing or using the Website or the Services you must not:
(i) commit or encourage a criminal offence;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Services or the Website;
(iv) corrupt data;
(v) post or distribute any material that is sexist, racist, derogatory, discriminatory, obscene or otherwise offensive;
(vi) breach any applicable laws or regulations;
(vii) cause annoyance to other users of the Website;
(viii) infringe upon the intellectual property rights of any other person or entity;
(ix) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(x) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or the Services.
If you breach this provision the Website Owners reserve the right to immediately block your access to the Website or the Services and disabled or cancel any account you may have in relation to the Website or the Services. Breaching this provision may constitute a criminal offence and the Website Owners may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) The Website Owners will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or the Services or to your downloading of any material posted on it, or on any Linked Sites.
8 Intellectual property, software and content
The intellectual property rights in all software and content (including but not limited to the brand, logo, photographic images, audio recordings and video recordings) made available to you on or through the Website and the Services remain the property of the Website Owners or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Website Owners and its licensors. You may store, print, use and display the content supplied solely for your own personal use or non-commercial educational purposes only.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website or through the Services nor may you use any such content in connection with any business or commercial enterprise without the prior written consent of the Website Owners, which may be withheld in their absolute discretion.
9 Disclaimer of liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website and in the Services is provided without any guarantees, conditions or warranties as to its accuracy.
(b) The Website Owners do not warrant or guarantee any particular results or outcome from your use of or access to the Website or the Services. Any reviews of Services or testimonials published on the Website, or any other website or public forum are opinions only and are not to be taken as guarantees.
(c) To the fullest extent permitted by law the Website Owners hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website, the Services or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(d) This does not affect the Website Owners’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
10 Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with the Website Owners and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owners.
11 Indemnity
You agree to indemnify, defend and hold harmless the Website Owners, their officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or the Services or your breach of the Terms of Use.
12 Variation
The Website Owners have the right in their absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
13 Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which the Website Owners exclude liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
14 Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us on info@welcometomusic.net
15 Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the state of Victoria and the Commonwealth of Australia.