Terms of use

Introduction

Bendy Music grants access to this website subject to the following terms. These terms of use cover all of the text, image and multi-media files, products, services, ecommerce and support sites, hardware, software, data, information and all other materials displayed or provided through any URL containing bendymusic.com.au.

If you do not agree to any of these terms, you must discontinue your use of our website. Your use of our website is deemed to constitute your acceptance of these terms of use. Should you object to any of these terms of use or any subsequent modifications, your only recourse is to immediately discontinue your use of our website.

Copyright notice

The material provided on our website is copyright protected. All intellectual property rights in our website, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and belonging thereto, are owned or licensed by us or our suppliers.

Those parts of our website that are publicly available may be:

but only for personal or non-commercial educational use and only provided that you do not make any modifications and that you retain all copyright and other displayed notices. All other rights are reserved.

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Use of our website

You agree not to use, or attempt to use, our website for any purpose that is unlawful or that may breach these terms of use.

In particular, you agree not to:

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Privacy and security

Please be aware that, other than on our ecommerce site, we do not provide facilities for the secure transmission of information across the Internet. You should know that there are inherent risks when transmitting information across the Internet. We cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

We have no obligation to, and generally we will not, actively or explicitly monitor, censor, or directly control any transmissions that are sent by you through the Hosting Services. However, we reserve the right to actively and explicitly monitor, censor, or directly control your transmissions where we deem that such activities are necessary to ensure the security or reliability of our website.

Any material, information or idea (that is not personal information) that you transmit to or post on our website by any means will be treated as non-confidential and non-proprietary, and may be adapted, disseminated or used by us for any purpose whatsoever, including protecting, upgrading, and otherwise supporting our network, and including developing, manufacturing and marketing products.

For further details regarding your privacy and personal information, please refer to our Privacy policy. ^

Customer communications

You acknowledge that when we need to contact you, the following will apply:

If you elect to use our referral service for informing a friend about our website, we ask for the friend's name and email address. We will automatically send the friend a one-time email inviting them to visit the website. We store the friend's email and they have an option to opt-out of the communication.

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Prices are subject to change

All prices displayed and products and services offered to be supplied on our website are subject to change without notice.

Third party content

Please be aware that other websites ('third parties') may be accessed through our website. These terms of use do not apply to third parties. Such websites are accessed at your own risk and your legal relationship is with the third party supplier.

Any hyperlinks to any other websites are not an endorsement or verification of such websites. We have not checked the accuracy, completeness, quality or suitability of the information, products or services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on or using their website or services.

Breach of terms of use and indemnity

You indemnify and agree to hold harmless ourselves, all of our officers, employees and suppliers, from any damage, loss or costs (including legal fees) occasioned by any claim, demand, action or proceeding (or occasioned by the settlement or avoidance thereof) that is based upon your use of our website including, without limitation, the breach or alleged breach by you of these terms of use.

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Disclaimer and exclusion

The internet is not owned or controlled by any one entity and, in particular, we have no control over any part of the internet outside of our network. We cannot therefore guarantee that you will be able to access our website at any given time.

Access to our website is provided on an 'as is' and 'as available' basis and your use of our website is at your own risk. All material on our website is provided in good faith and is derived from sources believed to be accurate and current as at the date of publication. We make no representation or warranty that

In connection with your use of, inability to use, or reliance on our website, you expressly agree and understand that in no circumstances will we be responsible for:

We do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.

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More information

By accessing our website, regardless of the place of your physical location, you agree that the laws of New South Wales, Australia shall govern your use of our website and these terms of use and you agree to submit to the exclusive jurisdiction of the state and federal courts located within New South Wales.

If any of these terms of use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of these terms of use, this does not waive our right to act at a later date or to act with respect to subsequent or similar breaches.

We may, at any time, revise these terms of use by updating this version. By using our website, you agree to be bound by any such revisions and should therefore periodically visit these terms of use to review the current version.

If you have questions or would like further information about our terms of use, please email info@bendymusic.com.au.

terms of use (version 1.0)
Dated 19 October 2004