TERMS AND CONDITIONS
There’s a fair amount of legal jargon and mumbo-jumbo here (because we have to!), but long story short, we pride ourselves on offering great products and great, hassle-free service. Please email us at firstname.lastname@example.org and we will endeavour to resolve any issues with our website, orders or products as quickly and painlessly as possible, and we’ll never disclose, share, sell or use your personal information, other than to improve our service to you.
The Website is operated by Peerless Music ABN: 83862075799 (“we”, “us”, “our”).
We may, from time to time, change or add to the Website or the information, products and services without notice; however, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
We reserve the right to do the following, at any time, without notice:
(a) Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
(b) Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
(c) To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
3 Terms & Conditions of Website Orders
4 Your Use of the Website
While utilising the Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve its right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server or ours, or to any other services offered on or through the Website by hacking or any other illegitimate means.
You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not trace or seek to trace any information of any user or customer of us.
You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to Personal Information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any goods or service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
We do not, nor does any other party who provides content to the Website make any warranty as to the accuracy, completeness or currency of the content. As a user of the Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the content.
To the extent permitted by law, we and our employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon any content on the Website whether or not this is caused by a negligent act or omission.
If you post and/or contribute Content to the Website, you:
(a) Represent and warrant that you own all right, title and interest to that content;
(b) Remain responsible for the accuracy, copyright and legality or any other aspect of your content;
(c) without limitation of the foregoing, will not submit any content or make comments about the content that are unlawful, harmful, abusive, defamatory, deceptive, indecent, explicit or hateful;
(d) will not to harvest, collect or store information about users of the Website or use such information for any purpose inconsistent with the purpose of this Website; and
(e) You acknowledge that the display or use of your content shall be at our sole discretion.
You are solely responsible for your conduct and activities on and regarding the Website and any content posted by you. We are not responsible for the content posted on and/or contributed by users of the Website nor do we accept any responsibility for any use or misuse which you or any other members or guests make of content which you submit on the Website.
We are not liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with the content (including offensive, indecent and objectionable material) posted on and/or contributed by users of the Website. If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information products or services from the downloaded material.
Use of the Website and any linked websites is at your own risk. You assume total responsibility for your use of the Website and any linked websites.
We are not liable to you or anyone else for any loss or damage in connection with the use of the Website or a linked website.
We do not warrant that the Website, its servers, or email sent from us are free of viruses or other harmful components. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
Your sole remedy against us for dissatisfaction with the Website or any content is to stop using the Website or any such content.
We make no representation or warranty of any kind, express or implied and whether statutory or otherwise, as to the operation of the Website or the content included on the Website.
We do not exclude, restrict or modify:
(f) the application of any consumer guarantee in the Australian Consumer Law (“Consumer Guarantee”) or any similar provision in the law of any State or Territory which cannot be excluded, restricted or modified (“Similar Provision”); or
(b) The exercise of any right conferred by any Consumer Guarantee or Similar Provision.
To the full extent permitted by law, our liability under any Consumer Guarantee or Similar Provision is limited, at our option, to:
(a) In the case of goods which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:
(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of the cost of having the goods repairs; and
(b) in the case of services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption :
(i) Supplying the services again; or
(ii) Paying the cost of having the services supplied again.
8 Linked websites
The Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
The Website may also contain third party advertisements (including banner ads and full page advertisements) which may contain embedded hyperlinks or referrable buttons to websites operated by third parties. All third party advertising (including referrable buttons and embedded hyperlinks) is paid for by the relevant third party and are not recommendations or endorsements by us of the content or subject matter of the advertising.
In some instances, third party advertisements may contain representations or offers by a third party advertiser which you may accept by linking to the advertiser’s website and completing the relevant transaction on that website. These offers are not made by us and the third party advertiser is solely responsible to you for the delivery of such goods or services that you may purchase on the third party website.
Linking our Website is not permitted without our written permission.
9 Intellectual Property Rights
The copyright to all content on the Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. You are provided with access to it only for your personal and non-commercial use.
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, you must not, in any form or by any means without our prior written permission:
(a) Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
(b) Commercialise any information, products or services obtained from any part of the Website.
All trademarks, brands and logos which are used on the Website are either owned by us or we have a licence to use them. Your access to our Website does not license you or grant you any right to use those marks in any way without our prior written permission or third party owner.
By placing, linking or publishing any content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the content:
(a) use, copy, sublicense, redistribute, remove, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
You expressly waive, in favour of us, all moral rights and any similar rights in any jurisdiction that you may have or hereafter acquire in respect of all relevant content. At our written request, you will execute and deliver to us such instruments and take such other actions as may be required to carry out or perfect the grant of the licence and waiver as described in this clause.
10 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not guarantee that your use of the Website will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of the Website.
We undertake to take all due care with any Personal Information which you may provide to us when accessing the Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Access to the Website may be terminated at any time by us without notice. Our disclaimers will nevertheless survive any such termination.
Linked websites means websites of persons or entities other than us which are hyperlinked from the Website.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Website means the whole or any part of the web pages located at Website [Hyperlink] (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)
you or your means you as the purchaser of Goods from the Website pursuant to these Terms.
This Website is operated by Peerless Music ABN: 83862075799 (“we”, “us”, “our”).
We recognise that your privacy is very important to you and that you have a right to control your personal information.
The amount of information we collect about you depends on how you use the Website and whether you elect to give us any information about yourself, subscribing to our e-newsletters or purchasing goods.
This Privacy Statement applies to our Website and how we collect and use personal information about you.
We do not give out information about our customers and your personal details are protected by your user name and password and our secure servers. When you give us your credit card details, they are encrypted for additional security.
Unfortunately, no one can guarantee that data passing over the Internet will not be intercepted or used by unauthorised third parties. Accordingly, although we work hard to protect that information, we cannot ensure or warrant the security of any information that you transmit to us and we are not responsible for events arising from unauthorised access to your personal information. Once we receive information that you have transmitted to us, we will take reasonable steps to preserve the security of that information in our own systems. However you should regularly check your computer equipment for Malware such as Spyware, Trojans or key loggers.
You can also play an important role in keeping your personal information secure, by maintaining confidentiality of any user name, password, profile and accounts used on the website. Please advise us immediately if there is any unauthorised use of your user name, password, profile or accounts by any other internet user or any other breach of security. To ensure ongoing privacy we recommend you change your passwords from time to time, and never give your password to anyone.
Purpose of the Data Collected
If you choose to submit personal information about yourself to us, you authorise us to collect, use, store and disclose that information in the manner and for the purposes contemplated by this Privacy Statement. If you choose not to provide all of the personal information we request from you, we may not be able to make some of the information or the goods for sale on this Website available to you.
Further, you also acknowledge that by providing all of the personal information we request from you does not guarantee you that any products and/or services listed on this Website will actually be available at the time you submit the information to us.
Submitted personal information will only be used by us for the following purposes:
(a) to contact you for market research purposes;
(b) to monitor who is accessing the web site or using services offered on the web site;
(c) to send you information about us, our website, products or services;
(d) to send direct marketing material by email or post to you;
(e) to personalise our Website, products or services;
(f) for statistical analysis; and
(g) for security purposes.
The collection, storage, use and disclosure of personal information that we collect about you is governed by the terms of the Privacy Act 1988 (Cth).
Collection of Computer Data
When you visit peerlessmusic.com.au, whether as an account holder or a visitor, our servers and our google analytics setup automatically records information that your browser sends whenever you visit a website.
This data may include information such as your computer’s Internet Protocol address, browser type or the webpage you were visiting before you came to our site, pages of our site that you visit, the time spent on those pages, information you search for on our site, access times and dates, and other statistics.
We don’t treat the data collected as personal Information or use it in association with other personal information, though we may aggregate, analyze and evaluate such information to better tailor or improve the services or products provided.
We use “cookies” to enable our Website to interact with your browser so as to provide you with better service and a more effective Website. “Cookies” are small text files that our web server places on your computer while you browse our Website. Our web server can later retrieve these cookies if you visit again.
If you visit this website to read or download information, we will record your server address, domain name, the date and time of your visit and the information downloaded.
Our web server allocates a “cookie” to each Internet browser that visits our Website. This cookie does not allow us to collect personally identifiable information about you and this information is used for statistical and site development purposes only.
If you wish to make full use of our Website, you should configure your browser to accept cookies.
As with all of your personal information, we will not provide this to third parties without your consent, except where:
(a) such disclosure is permitted under the Privacy Act 1988 (Cth);
(b) we are required by law to disclose information to third parties; or
(c) we have outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.
Third party websites should contain their own privacy statements and the operators of those third party websites are responsible for their own privacy practices.
How We Handle Email
We may save any e-mail that you send us, if we believe we have a legal requirement to do so. We may monitor e-mail message content for security issues including where e-mail abuse is suspected.
Your Rights and Disclosure
Under the Privacy Act 1988 (Cth), you have certain rights to access and request correction of personal information that we hold about you. Any such request, or any inquiry about our Privacy Statement, should be sent to us the following address: [insert email].
If you subscribe to a mailing list that we maintain (including an e-mail subscription list), you can ask us to remove you from that list at any time by using the “unsubscribe” facility referred to in our message to you, or by sending us an e-mail with your details to [insert email]. We will try to comply with that request as soon as we reasonably can. However you understand that sometimes we may have begun distributing a message before we can process that request, and in those circumstances you might still receive that message.
If you have accessed third party websites through our Website and if the operators of those third party websites collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.
Where you access a third party website from this Website, cookie information, information about your preferences or other information that you have provided about yourself may be shared between us and the third party. You usually cannot be identified from the information that is shared. If you can be identified from this information, we will seek your consent before sharing the information.
Third party websites should contain their own privacy statements and the operators of those third party websites are responsible for their own privacy practices.
If you are interested to know more about privacy issues and legislation in Australia we encourage you to visit the Australian Federal Privacy Commissioner’s website at http://www.privacy.gov.au.