Terms and Conditions
These terms and conditions (“Terms”) apply to all and any use of the website available at artofmusic.com.au and its Content (“the Website”) and all Intellectual Property Rights therein.
- the Website and references to the Website includes each part of it and the Content, which is made up of and includes:
- any and all articles, images, text, videos and other content and materials produced by or for Art of Music and made available for download from the web site (“Produced Content”);
- any and all articles, images, text, videos and other content and materials uploaded, submitted, transmitted, posted or otherwise placed on the Web Site by its users (“User Content”);
- any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through it (“Communications”).
- By “Intellectual Property Rights” what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefor and other like rights.
- By using the Website you represent and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by them.
- If you do not accept or understand these Terms you should not use the Website. That includes by using, posting or accessing the Content or Communications.
- If you are under the age of 13 you should ask a parent or guardian to explain these Terms and their meaning to you. If you are under the age of 18, you should obtain your parent or guardians prior consent before entering into any contract for the purchase of Products with us.
- Noro may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from this page. Whilst we shall use our reasonable endeavours to notify you of any material changes in advance, you should regularly review these Terms for updated versions.
- These Terms were last updated on 20 April 2021.
Use of the Website
- You MAY download and use the Website and the Content on it via the internet solely for your private, non-commercial, personal use and related charitable purposes.
- Noro grants you a non-exclusive, limited licence to download and use the Art of Music Website and the Content via the Internet solely for your private, non-commercial, personal use and related charitable purposes.
- These Terms and the rights granted by them do not give you any rights of ownership in the Website and should not be construed as a sale or transfer of any copyright or other right.
- You may not transfer, sub license or deal in this right without Noro’s prior written agreement.
- You agree not to:
- use the Website or any Content for any commercial or business purpose;
- include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any Communication or User Content;
- use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email or any spam;
- process or otherwise use the information contained on or use the Website or any Content for any illegal or immoral purpose or use or process the same unfairly.
Content and Intellectual Property Rights
- You will be responsible for any Content that you upload, submit, transmit, post or otherwise place on or through the Website and you accept full responsibility and liability for that Content. Noro and Art of Music shall have no liability in relation thereto and you shall compensate us for any losses we may suffer arising from the Content that you upload.
- By uploading, submitting, transmitting, posting or otherwise placing any Content on or through the Website you expressly agree and confirm that:
- you are not a minor or else have your parent’s or guardian’s permission to do so on these Terms;
- your Content may be used on and in connection with the Website;
- your username may be advertised and used in connection with your Content;
- you grant to Noro the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such Content on and / or in connection with the Website and to give all consents (if any) which Noro requires including under copyright and other intellectual property, data protection and privacy laws worldwide, for that use only;
- you own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the Content;
- any Content you submit and the use of it as envisaged by these Terms does not and will not infringe any third-party Intellectual Property Rights or other rights;
- any Content you submit and the use of it as envisaged by these Terms does not and will not infringe any third-party Intellectual Property Rights or other rights;
- you have received all necessary permissions and consent required for the use of any Content by Noro and Art of Music, as described in these terms and conditions;
- that you have not granted any other person any rights that are inconsistent with the licence granted above.
Copyright, Trademarks and other Intellectual Property Rights
- All Intellectual Property Rights in the Website design and software and all Produced Content belong to and vest in Noro, or are licensed to Noro unless otherwise specified. All such rights of Noro are hereby asserted and reserved.
- In respect of the Website (including the Content) you shall not:
- make any commercial use without Noro’s prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without Noro’s prior written permission other than for reasonable charitable purposes and subject always to our trademark guidelines which are available from us at email@example.com;
- display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or Website without Noro’s prior written consent;
- hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of the Website or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
- create software which mimics data or functionality in the Website;
- use or deal in the Website except as permitted by these Terms.
- All third-party Intellectual Property Rights are the property of their respective owners and Noro makes no warranty or representation in relation thereto.
Photography and Case Studies
- We use our reasonable endeavours to protect the interests of the individuals featured in the content on our Website. Wherever possible, we ensure that we have received the prior written consent of clients and/or families whose images appear on the Website (either in photographs or videos).
- Please note that some of the images may be posed by models and do not depict actual situations but are used as examples of the work related to Noro.
- Where Noro reveals any personal information about our clients, it is done so with their prior written consent. In some case we may change personally identifying details so as to protect an individual’s identity.
- We may from time to time allow companies to advertise their goods and services on the Website as part of our sponsorship arrangements. Whilst we will not knowingly run an advert that is untrue, or which relates to goods or services that our contrary to our objectives, we do not endorse any sponsors goods or services. We are not responsible for the accuracy of any third-party advertisements.
Forum and Communications
- the Website is an online charitable, awareness, fund raising, education and information service and ancillary to this Noro may also enable the transmission, hosting, caching, storage, retrieval and dealing with User Content and third-party Communications without review, selection or alteration of their content – for which it is a mere conduit. To the extent that the Noro provides these services to you then the following terms shall also apply:
- The views expressed in any User Content or Communications are the views of the individual authors and not those of Noro unless specified otherwise by Noro.
- Noro is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content or Communications.
- By using the Website you acknowledge that Noro has no responsibility to review the content of any User Content or Communications and that all User Content and Communications are made available on the basis that Noro is not required to and does not exercise any control or judgment concerning their contents.
- Notwithstanding the foregoing Noro shall be entitled to remove or reject any User Content or Communications and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content or Communications on or through the Website for any reason.
- You agree that Noro may use, publish, edit, modify and adapt your User Content and Communications for any and all purposes relating to the Website and the business of Noro and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so-called moral rights in your Communications.
- You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any Communication or post to or transmit to the Website any statement or material that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any person;
- markets or promotes any third-party;
- which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
- It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Noro has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise of some degree of caution when using any Website. By using the Website and its services you accept that this is the case and accept that you therefore use the Website at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
- Noro provides and maintains the Website for personal information and education purposes, on an “as is” basis
- Noro shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with the Website.
- Third party Websites and online services to which the Website links (“External Sites”) have not been verified or reviewed by Noro.
- Noro gives no warranty in connection with the Website other than as expressly stated and to the maximum extent permitted by law, Noro excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Noro has been made aware of;
- the accuracy, currency or validity of the information and material contained within any User Content or Communications or the Website;
- any interruptions to or delays in updating the Website;
- any incorrect or inaccurate information on the Website;
- the infringement by any person of any copyright or other Intellectual Property Rights of any third party through any User Content or Communication or use of the Website;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or any User Content or Communication;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
- Noro does not warrant that the operation of the Website will be uninterrupted or error free.
- Noro will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including Internet outages, communications outages, fire, flood, war or act of God.
- Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
- These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Noro’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- You agree that in relation to your use of the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Website.
- You hereby indemnify, defend and hold Noro and Noro’s affiliates and Noro’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website any Communications and any use of your membership account. You shall use your best efforts to cooperate with Noro in the defence of any claim. Noro reserves the right, at Noro’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Ticket and Product Purchases
- You can buy Art of Music Event tickets and products as set out on the Website.
- Directly via the Website service;
- by phone at 02 4736 0420
- In the event you purchase event tickets and/or products advertised in the Website shop operated by us (“Products”) then the following terms shall also apply:
- I. When you place an order for Products in any of the ways described above (your “Order”) this will be deemed an offer to buy the Products for the price stated, subject to these Terms.
- After you have submitted your Order we will send you an e-mail to confirm that we have received it. This email confirmation will be produced so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.
- Once we have sent the confirmation email we will then check the Order and if we accept it we will either contact you with a further email stating that it is accepted or send out the Product. Once you have received this email or the Product is sent to you then a binding contract will exist.
- Following acceptance Noro may cancel a sale and not supply the Product if it is reasonable to do so and may change or discontinue the availability of any Products at any time at its sole discretion.
- You may cancel your Order of a Product at any time up to the end of the 7th calendar day after receiving it if it is unused and in its original packaging. In that case, please return it to us and on receipt Noro shall, as soon as possible, refund or re-credit your account with any sum debited by it from your credit card or debit card or other method of payment in respect of that Product.
- Please note that you may not return any music cd or dvd (or similar product), unless that item remains unopened and in its original sealed packaging.
- You shall be responsible for returning goods to us in a resalable condition, and we reserve the right to withhold a reasonable part of the payment price where the Products are returned to us in a used or unsellable condition.
Price and Payment
- Prices are quoted in Australian dollars – outside Australia your credit card company should exchange the amount charged to the currency of your country at the current rate.
- Payment may be required before the Product is provided and if not is payment due from the moment the Order is accepted.
- Payment may be made by credit card, debit card, or other methods set out on the Website.
- Orders and Donations may be processed online, or over the phone, using a credit or debit card. We aim to debit money from your account within three working days after receiving your Order.
- You will not be charged for any Orders that cannot be fulfilled and where appropriate Noro will re-credit to your account any sum debited by Noro.
- Noro cannot guarantee that a particular Product will always be available.
- Your credit card company may also do security checks to confirm it is you making the Order.
- All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
- Your statutory rights are unaffected by these Terms.
- Without limiting to any other rights it may have, Noro may remove, restrict, cancel or suspend access to and use of the Website and Content or other any part of it, if it considers (in its sole discretion) that you have breached of any of these Terms. Termination shall be without prejudice to the accrued rights of Noro.
- Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
- Noro acts as principal on its own account and not as agent for you or any other person.
- If Noro does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
- In the event that any part of these terms and conditions is held to be unenforceable, such part will at Noro’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
- These terms and conditions constitute the entire agreement between you and Noro and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
- Reference to the word “include” and “including” shall mean and be read as “include without limitation” and “including without limitation” in these Terms.
- Use of the Website and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the NSW courts.
- The Website is intended for and directed at Australia and no representation or warranty is made as to whether the Website complies with the regulatory regime and local laws of any other countries.
- By using the Website you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content, Communications, email and web usage.
- All questions, comments or enquiries should be directed to Noro at firstname.lastname@example.org or via Noro, Locked Bag 1797, Penrith BC, NSW 2751, or by telephone to 02 4736 0240.
- We gratefully acknowledge support from a range of organisations and individuals. Without their support we would not be able to carry out our work. That support is freely given and does not influence our editorial policy of this Website.