#Terms and Conditions

WEBSITE TERMS OF USE

1. TERMS OF USE

1.1 In these Terms of Use, “Continuous Music” “we”, “us” and “our” means Continuous Music Pty Ltd as trustee for the Beeess Trust (ABN 87 450 057 556) of 18 Mathieson Street, Carrington. Please read these terms of use carefully as they apply to your use of this website located at www.continuous music.com.au, including any content on it.

1.2 By accessing or using the Site you agree to be bound by these terms of use. If you do not agree to these Terms of Use, please do not use this Site or any information derived as a result of the use of this Site. We may revise these terms of use from time to time. We will display a notice on the Site indicating when any such revisions have been made. Your continued use of the Site following such publication will represent an agreement by you to be bound by these Terms of Use, as amended.

1.3 This Site provides information about the various educational services offered by Continuous Music and its related bodies corporate.

1.4 Definitions are set forth in paragraph 18.

2. THE PARTIES

2.1 If you are a natural person, then these Terms of Use constitute a legally binding agreement between you and us and govern your use of our Site.

2.2 If the user of our Site uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our Site that the user warrants that he or she has authority to accept these Terms of Use on behalf of that body corporate, and these Terms of Use specify the terms of a legally binding agreement between that body corporate (and “you” in these Terms of Use means that body corporate) and us.

3. COPYRIGHT AND OTHER RIGHTS

3.1 The Site is subject to copyright and possibly other intellectual property rights.

3.2 The Content featured on the Site, including the text, images, works, all data, and the videos are also protected by copyright.

3.3 Subject to the terms of paragraph 4, any use of the Site and of the Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Content.

4. LICENCE TO USE THE CONTENT ON THE SITE

4.1 We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

4.2 We (or our licensors) retain all right, title, and interest in and to the Site, and nothing you do on or in relation to the Site will transfer any intellectual property rights to you or, except for the licence referred to in paragraph 4.1, license you to exercise any intellectual property rights unless this is expressly stated.

4.3 Except as provided in these terms of use, permission to use or copy the Site for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@continuousmusic.com.au if you wish to seek such consent.

4.4 Subject to applicable law, we may revoke the permission referred to in paragraphs 4.1 and 4.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Site, including the Site blog, without notice.

5. INTERNATIONAL USE

5.1 We make no representation that the Services described on this Site are appropriate or available for use in locations outside Australia or in all States and Territories of Australia. Those who choose to access our Site from other locations are responsible for compliance with local laws. Overseas residents may contact us for further assistance regarding the availability of the Services described on this Site.

6. LINKING TO THE SITE

6.1 We encourage you to provide links to the Site. While you may use the name “continuousmusic.com.au” in the text of any such link, you may not use the name “Continuous Music” or any of our other trade marks without our prior written consent.

6.2 You must not frame the Site, or represent or imply that any part of the Site belongs to anyone other than us.

6.3 If we notify you that we object to the manner in which you provide links to this Site, you must immediately cease providing such links.

7. ACCURACY OF CONTENT

7.1 While every effort has been made to show as accurately as possible the colours of the Content, e.g. artwork or photography, that appears on the Site, we cannot guarantee that your computer monitor will display the colour of the Content accurately.

7.2 Some of the information on the Site may be provided by third parties, including, for example, blog reviews and critiques. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.

8. REGISTRATION

8.1 You are not required to register to use the Site.

8.2 However certain features on the Site may only be available if you do register. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we reset your password which will send a prompt to your registered email address.

8.3 When registering to use the Site, you may be requested to provide personal information such as your name, email address and date of birth.

8.4 You may cancel your registration by notifying us at info@continuousmusic.com.au and providing your user name.

8.5 We may, without notice to you, review, modify or remove any material which you provide in our absolute discretion including where we believe it violates these Terms of Use.

8.6 We may suspend or cancel your use of the Site and/or its Services, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these Terms of Use.

8.7 The material provided and views expressed by users are the materials of those users and are not ours.

8.8 By using our Services, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.

9. WITHDRAWAL OF SERVICES

9.1 The information relating to Continuous Music and its Services on this Site is correct at the time of publication. However, the Services described in this Site can be withdrawn or varied at any time without notice. While every care has been taken in producing the information on this Site, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.

10. EMAIL AND SMS SERVICES

10.1 The Website provides various ways for you to receive emails and/or SMSs from us, such as alerts when new courses are made available. You can manage these emails and/or SMSs from us and elect not to receive them by contacting us at info@continuousmusic.com.au or by clicking the unsubscribe button on the Website.

11. YOUR CONTENT

11.1 You must not provide any material in your content or through your use of the Services (“Your Content”) that:

(a) infringes the intellectual property or other rights of another person;

(b) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(d) creates a privacy or security risk to any person, including by soliciting personal information from any person;

(e) solicits money from any person;

(f) is false, misleading or deceptive;

(g) contains financial, legal, medical or other professional advice;

(h) would harm, abuse, harass, stalk, threaten or otherwise offend;

(i) would reflect negatively on us, including our goodwill, name and reputation;

(j) tampers with, hinders the operation of, or makes unauthorised modifications to the Site;

(k) would breach any applicable laws; or

(l) would otherwise result in civil or criminal liability for you, us or any third party.

11.2 By embodying Your Content on the Site through your use of the Site or the Services, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit your Content in any form or on any medium and for any purpose; and

(b) warrant that you have the right to grant such licence.

11.3 You agree to indemnify and hold us (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of Your Content.

12. GENERAL RESTRICTIONS

12.1 In using the Site, you must not:

(a) provide us with inaccurate or incomplete information;

(b) violate any applicable laws, or use the Site for any purpose that is unlawful;

(d) distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

(e) collect or store personal data about other users of the Site, excluding information relating to the recipients of your Proposals; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the Site.

13. TERMS AND CONDITIONS AND FEES AND CHARGES

13.1 Terms and conditions apply to all Services described in this Site and may be varied at any time without notice. Fees and charges also apply to all Services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from us.

14. PERMITTED USES OF SITE

14.1 You must only use this Site:

(a) to access the Services;

(b) to obtain any other information relating to any of Continuous Music’s services for a bona fide purpose,

14.2 You agree that any use of this Site, except for the purposes described in paragraph 14.1, is prohibited.

14.3 The information and material in this Site is provided solely for bona fide personal or commercial customers only.

14.4 You agree that you will not and will not attempt (either yourself or through any third party) to:

(a) use this Site or any Services accessible through it, for any purpose other than the Permitted Purpose;

(b) host links to this Site, unless expressly authorised by us in writing;

(c) decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with this Site, the Services, underlying infrastructure or other software;

(d) use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool or use any other device or automated process (Scraping Process) to data mine, scrape, crawl, email harvest, aggregate, copy or extract any Services, processes, information, content, or data accessible through this Site;

(e) use any Scraping Process to aggregate or combine information, content or data contained within or accessible through this Site with information, content or data accessible via or sourced from any third party;

(f) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this Site or any Services, transaction or process being conducted on or through it;

(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this Site;

(h) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this Site without our prior written permission;

(j) use another person’s login details or otherwise use any ‘brute force attack’ methods to gain access to any Platforms, products or Services;

(k) use this Site for any unlawful purpose or activity.

14.5 You agree to indemnify us in respect of any liability incurred by us for any Loss howsoever caused, suffered by you or any Related Bodies Corporate as a result of your breach of this clause.

15. LIMITATION OF LIABILiTY

15.1 We exclude all liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.

15.2 To the maximum extent permitted by law, we will not be liable under or in connection with your use of this Site or for any Consequential Loss.

15.3 We have no liability whatsoever to you or any other person, for:

(a) acts and omissions of, or any faults or defect in the Site;

(b) if interference with or damage to your computer systems occurs in connection with your use of this Site;

(c) faults or defects in the Site which are caused by you including any failure to comply with your obligations under this Agreement;

(d) any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to you by a third party (even if they are connected and used by us during the operation of these Terms of Use); and

(e) your inability to access or use the Site for any reason.

15.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is hereby excluded and we hereby expressly disclaim all warranties:

(a) that the Site or the Content will meet your requirements;

(b) that the Site or the Content are fit for your purpose or are otherwise suitable for your use;

(d) that the Site or the Content, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;

(e) that the statistical methods on which any of the Site or Content are based use appropriate or accurate assumptions;

(f) that the performance of the Site will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by our third party suppliers;

(g) that the Site will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.

15.5 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 (as we may elect in our sole discretion) to one or more of the following:

(a) to use commercially reasonable efforts to modify, correct or provide access to the relevant Service;

(b) the supplying of the Services again; or

(c) the payment of the cost of having the Services supplied again, except as expressly provided elsewhere in this Agreement.

15.6 This disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

16. THIRD PARTY SITES

16.1 The Site may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement. The inclusion of such links does not imply endorsement of the applicable Site by us or any association with its operators.

16.2 Accessing those Sites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:

(a) your use of those linked Sites or any loss or damage incurred arising out of or in connection with your use of them; and

(b) the content or practices of those Sites operated by third parties that are linked to our Site.

17. SECURITY

17.1 Unfortunately, no data transmission over the internet can be guaranteed to be totally secure but we endeavour to use our reasonable efforts to protect the personal information of our users. We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure. However, we will not be responsible for any unauthorised access to that information. If you are not comfortable sending any information over the Internet, please contact us officer to discuss alternate methods for providing any information.

18. TRADE MARKS

18.1 The trademarks, service marks and logos (Trade Marks) used in this Site are registered or unregistered Trade Marks of Continuous Music or any related parties. No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owner’s consent.

19. DEFINITIONS

19.1 In these Terms of Use, the following capitalised terms have the meaning given below:
Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill or loss of reputation whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.

Content means any results, data or meta data, course materials, including any entertainment industry information provided through, derived from, captured by, entered into or generated by the Site and any Platforms or as otherwise provided in the usual course of business by Continuous Music.

Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, Content, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.

Loss means all liabilities, losses, damages, outgoings, costs and expenses (including legal costs assessed on a Solicitor-client basis).

Permitted Purpose has the meaning given to that term under paragraph 14.

Platform means any web-based platform or software provided by us to deliver, enable or provide our customers access to our Services, and includes the Site.

Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).

Service or Services means the products, services, Platforms and Content which may be:

(a) promoted by us on this Site;

(b) licensed or supplied to you by us on or through this Site; or

Site means our Site located at the domain names www.continuousmusic.com.au and includes all Content and webpages forming part of that domain name, including all information, opinions, reports and Content published on, contained in or accessed through this Site.

20. GENERAL

20.1 The agreement create under these Terms of Use constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

20.2 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

20.3 We may give you notice by electronic mail, conventional mail or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our Site.

20.4 If a provision of these Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Site Terms of Use. All other provisions of these Terms of Use remain in full force and effect.

20.5 These Terms of Use are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.