The Contract Between Us
a. Any contract for purchases made through the Website will be with SFMusic.
b. SFMusic must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Payment is not taken until the point of dispatch of the goods to you from our premises. Once payment has been received we will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The email will include your name, the order number and the total price. Our acceptance of your order brings into existence a legally binding contract between you and us on these terms. Any term sought to be imposed by you in your order will not form part of the contract. SFMusic may choose not to accept your order for any reason, but we will tell you if we choose not to accept your order using the contact details provided by you. Please note that some payment methods that are not authorised immediately such as cheque are not accepted for payment of digital orders.
c. SFMusic is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the Website. If an error or inaccuracy is discovered with regard to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
d. SFMusic is not currently registered for GST. The prices payable for goods are as set out in the Website include no GST for Australian deliveries. Customers ordering for delivery outside of Australia will be responsible for payment of any local taxes payable including any applicable GST, and will be required to pay extra for delivery and clearance where necessary. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination. Our ABN number is 78 157 364 162. Digital content is only provided according to the allowable country for each track. If your credit card is registered to a country that the track is not available for then SFMusic will not provide the download.
e. All details, descriptions and prices for the goods appearing on the Website are correct at the time when the information was entered. Prices that are reduced for sales and promotions are only valid for the specified period. We reserve the right to adjust the price and specification of any item on the Website at our discretion.
f. You can refer to the certification provided for guidance as to the suitability of content of the goods for given age groups. We will use reasonable endeavours to supply this certification guidance where relevant, but we are not under an obligation to do so and you should always use your own discretion in selecting content. If you wish to order goods, and this includes content that may only be purchased by persons of a certain age, you may be asked when placing your order to declare that you are of the appropriate legal age to receive the goods. If we discover that you are not legally entitled to order certain goods, we reserve the right to terminate all account facilities immediately, without notice, and we will not be obliged to complete the order.
g. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, or we or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. We are further not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment. You further confirm that all account details supplied by you when you order goods are true and accurate.
a. The downloading of digital content commences the moment SFMusic starts processing your order. Due to the exclusive nature of the digital content you will NOT be able to make any cancellation or return in relation to any part of the digital content once you have pressed SUBMIT to submit your order.
b. You are responsible for ensuring that you have carefully checked that your order reflects accurately the digital content that you want to receive before submission and that your computer meets the minimum systems requirements. Delivery of digital content specified in your order that you do not want or incomplete delivery or functioning as a consequence of your failure to observe the minimum service requirements, will not constitute grounds for cancellation, refund or exchange. You are also responsible for ensuring that your player is configured properly. SFMusic will not be responsible for your failure to do so. Your failure to properly configure your player will not constitute grounds for cancellation, refund or exchange.
Availability Of Goods
If SFMusic has insufficient stock to deliver the goods ordered by you, you will not be able to order such goods. Where requested by you via email from the Website, we will notify you as soon as possible that such goods are in stock.
Delivery Of Goods To You
a. SFMusic or its clients or agents will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address you give at the time you make your order. For destinations outside Australia, the consignee (i.e. the person to whom the consignment is sent) will be responsible for both customs clearance and payment of customs duties and local taxes where required. Each item ordered will be treated as a separate sale and will be shipped and paid for separately.
b. Delivery will be made as soon as possible after your order is accepted (orders will generally be dispatched within forty eight (48) hours) and in any event within thirty (30) days of dispatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
c. You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises.
d. SFMusic will use reasonable endeavours to provide you with access to any digital content immediately on placement of your order but SFMusic will not accept any liability to you or others for late provision of access to the digital content.
e. You will be sent a licence for each digital content that enables you to access the digital content and contains important additional terms (“Licence”). You must accept the terms of this Licence in order to access the digital content, but you will only need to do so with the first download. Licences are delivered as an automated part of the download process. For your convenience, where you order several items of digital content in one transaction, we will deliver all the relevant individual Licences for each of those digital content at the same time. Licences will be delivered to the computer on which you make the first download of digital content within each transaction. This means that you will not be able to transfer to or access digital content on a computer that is different from the one to which the Licence is sent. You must therefore consider carefully the computer that you want the Licence sent to. If you want to use digital content on different computers, then you need to make sure that you make separate order transactions via our Website for each computer, although please note that you will be charged again if you choose to do this.
f. It is your responsibility for ensuring that you protect your digital content from theft, damage or access by third parties and SFMusic will not be liable for any such damage caused to you after the access URL has been delivered to you. Furthermore, please note that Licences can only be delivered once. If you enable another person to acquire digital content, we will not be obliged to provide a refund or provide you with new Licences or access to the digital content.
We DO NOT store any financial details of the transaction.
Your Rights to use Copyright Music:
a. When you purchase digital content, you must comply with all applicable national and international laws governing the use of copyright material.
b. Without prejudice to any Licence sent to you under these terms and conditions, you acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material subsisting in the digital content, its design, structure, graphics, music and audio content and all and source codes connected with and comprised in the digital content (the “Content”) shall remain at all times vested in their owners. You are permitted to use the Content only as expressly authorised by the relevant Licence. You acknowledge and agree that the Content is made available for your personal non-commercial use only.
c. Except as expressly set out above, without limitation, you may not do – or allow third parties to do – any of the following without our prior written permission: broadcast, communicate to the public, transmit, modify, adapt, create derivative works of or in any way commercially exploit any of the Content; remove the copyright, trade mark notice or other rights management or identifier information from any copies of the Content made under these terms and conditions; deep link to or frame any of the Content; interfere with, or in any other way circumvent any copy protection mechanism utilised in providing the Content to you or otherwise associated with the Content.
d. The sound recordings embodied in the Content you select for purchase are encoded with technology that restricts your use of that Content. These restrictions are notified to you prior to submission of your order. These restrictions include (i) where you are allowed to burn (e.g. to make a permanent copy of Content), not to burn more than three (3) copies of Content for your individual, personal use, and (ii) where you are allowed to export (e.g. to transfer or copy over Content to another device), not to export copies of Content to more than three (3) portable recipient devices for your individual, personal use and not to thereafter transfer, copy or export Content to another PC, device or other media of any kind. Any burn, export or other capability provided to you shall not constitute a grant or waiver of any rights of the copyright owners of Content. Any use of the Content that contravenes the above is a violation of copyright under applicable laws and is prohibited.
e. You warrant that you will use the Content only in accordance with these terms and conditions (including any associated Licence) and only for lawful purposes and in a lawful manner, you have a valid card billing address and will be accessing the Content available for that country or region and all information which you provide to SFMusic is true, accurate, current and complete in all respects and that you will notify SFMusic immediately of any changes to such information.
If you are ordering goods for delivery outside of Australia, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that SFMusic has no control over additional charges in relation to customs clearance. SFMusic recommends that you check with your local customs officials or post office for more information regarding importation taxes / duties that may be applicable to your on-line order.
a. Except where liability cannot be excluded under legislation, we will not be liable for any claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages, arising from your use or inability to use the Website, or your reliance on any information or advice contained on the Website. If liability cannot be excluded but can be limited under any legislation, we limit our liability to the extent permitted by that legislation.
Our liability for any breach of any guarantee arising under the Australian Consumer Law, will be limited, at our option, to any 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 those 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; and
(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.
b. Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
c. The Website contains content owned by SFMusic (“SFMusic Content”). SFMusic Content is protected by copyright, trademark, patent, trade secret and other laws, and SFMusic owns and retains all rights in the SFMusic Content and the Website. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any SFMusic Content appearing on or through the Website.
d. All information on the Website is provided on an “as is” basis, without warranties of any kind, and no warranty, express or implied, is given as to its accuracy, adequacy or completeness and we do not accept any liability for any error or omission. The Website may contain links to other websites. SFMusic is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SFMusic. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by SFMusic. When you access these third-party sites, you do so at your own risk. SFMusic takes no responsibility for third party advertisements that are posted on the Website, nor does it take any responsibility for the goods or services provided by its advertisers. SFMusic is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to your or to any person’s computer related to or resulting from participation with the Website.
e. SFMusic does not accept any liability for any damage to your computer system or loss of data that results from digital content, materials or software and SFMusic cannot ensure that any files you download from the Website are free of viruses, contamination or destructive features.
f. SFMusic will not be liable in the event of any action brought against you by an artist, record company or other party in relation to your breach of a Licence or any other intellectual property rights protecting any digital content downloaded by you from the Website.
g. Once you download digital content to one computer and accept the Licence, SFMusic shall have no liability in respect of any transfer to any other computer or device, or access to the content via any further computer or other medium, including for any upgrades to your hardware that may affect your access to the digital content.
h. You agree to indemnify and hold SFMusic, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website in breach of these terms and conditions.
SFMusic shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
If any part of these conditions is unenforceable (including any provision in which SFMusic excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
The contract between us shall be governed by and interpreted in accordance the laws of Queensland, Australia, and the Queensland courts shall have exclusive jurisdiction to resolve any disputes between us.
These terms and conditions, together with the current Website prices, delivery details and SFMusic contact details, set out the whole of our agreement relating to the supply of the goods to you by SFMusic. These terms and conditions cannot be varied except in writing signed by a partner of SFMusic. In particular nothing said by any sales person on behalf of SFMusic should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by SFMusic. We may change these terms and condition at any time and will publish their replacement on the Website.