Terms and Conditions: Audio Marketing (ABN: 75 095 059 779 )
These terms and conditions apply to the use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site.
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Audio Marketing Pty Ltd ABN: 75 095 059 779
2 LAWS AND REGULATIONS
User access to and use of this site is subject to all applicable international, federal, state and local laws and regulations.
3 AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or access through this web site.
We offer no warranty as to the accuracy of all content, products and services on the site or obtained from a web site to which this site in linked ("linked web site").We reserve our rights to update all web site content including any information, products and/or services which are provided through this site within our complete discretion.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such 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 repaired;
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
5 EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
6 LIABILITY & INDEMNITY
The information, software products and descriptions of services published on this site or linked web site may include inaccuracies or typographical errors and we specifically disclaim any liability for such inaccuracies or errors.
We do not warrant or represent the content of the site as complete or up to date. We are under no obligation to update any content on the site. We may change the content of the site at any time without notice. We may make improvements or changes to the site at any time. You agree that we will not be liable, whether in contract, tort, strict liability or otherwise for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked web site, or with the delay or inability to use the site or a linked web site, even if we made you aware of the possibility of such damages.
This limitation on liability includes but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (eg, you cannot access your internet service provider), unauthorised access, theft, operator errors, strikes or other labour problems or any force majeure.
We do not guarantee continuous, uninterrupted or secure access to the web site.
7 SPECIFIC WARNINGS
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
Commercialise any information, products or services obtained from any part of this web site; without our written permission.
9 TRADE MARKS
Except where otherwise specified, any word or device to which is attached the � or � symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).:
10 RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
11 LINKED WEB SITES
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
13 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 which you transmit to us. Accordingly, any information which 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.
14 TERMINATION OF ACCESS
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Audio Marketing and the manufacturers we represent in Australia reserve the right to change the design and specification of products without notice. Specifications of products may be subject to Errors and Omissions and should always be verified.
16 GOVERNING LAW
These terms and conditions are governed by the laws in force in New South Wales
Audio Marketing respects your privacy, and is committed to supporting the principles laid out in the Privacy Act of 1988, and its subsequent amendments.
For various reasons in the course of day-to-day business we will collect private information on individuals that we come in contact with. This information will generally include name, address, gender and contact details such as phone, email or fax numbers.
This information may be gathered via a number of methods, for example in person, over the phone, written correspondence or via the website. Any information collected will be on a voluntary basis by the individual concerned.
Any information gathered will only be used in the daily running of this business, and for the following reasons:
• To provide you with information via newsletters, including those delivered via email (on request only) or via post.
• To assist you in using the products and services that you have received from Audio Marketing.
• To track warranty details for products that you have received from Audio Marketing.
• To advise you of software or firmware upgrades for the products that you have received from Audio Marketing.
• Receiving services from you or the company you are employed by.
During the course of business it may be necessary to disclose this information with:
• Other companies we correspond with are relevant at the time.
• Third parties where the information is crucial to carry out services on your behalf, i.e. the disclosure of purchase details for the support of warranty claims.
• Professional advisors, e.g. lawyers or auditors.
• Government or regulatory bodies where required by law.
Under these conditions Audio Marketing will attempt to ensure that this information is used only for the purposes for which it was intended.
Audio Marketing uses the services of independent contractors. In these instances only the amount of personal information necessary for the contractor to carry out their role will be passed on.
Audio Marketing will ensure to the best of our ability that the information stored is accurate and secure. We will also ensure that once this information is no longer required that it is destroyed.