WEBSITE TERMS AND CONDITIONS FOR RHYTHMS.COM.AU
1. By accessing this Website, you have agreed to be bound by the terms and conditions as set out below.
2. You agree that in the event of any dispute of any nature that may arise between you and us, these terms and conditions shall be governed by and construed exclusively in accordance with the law of New South Wales and Australia.
3. You understand and accept that to the fullest possible extent permitted in law, we accept no responsibility for any loss or damage or injury caused to you or your hardware or software whether we cause such loss or injury directly or indirectly.
Further you understand and accept that the opinions, views, advice and content of this site and any related materials, including without limitation, publications, newsletters and commentary (“the Content”) is provided for your interest but does not take the form of professional advice and may not be applicable to the circumstances of any person or business. We accept no responsibility for any loss or damage or injury caused to you in any manner whatsoever directly or indirectly caused or consequential upon your use of the Content.
The Content and these Terms and Conditions are subject to change, revision, modification at our discretion and visitors should refer to the current Content and Terms and Conditions when using the website.
The Content is intended to be viewed by adult visitors and the concepts contained therein are intended to apply to mature readers.
INTELLECTUAL PROPERTY AND PLAGIARISM
4. You acknowledge and will respect all such copyright and other intellectual property rights we own or may own in the look and feel of the Website and the Content (inclusive of these Terms and Conditions) including any sounds, music, text, graphics, data, stills, photographs and moving images. Such intellectual property rights shall include all intellectual property rights of any type or nature including trademarks (both registered and unregistered) and copyright. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future.
You acknowledge that the Content includes a number of original concepts and expressions of those concepts including distinctive language, phrases and combinations of words. We hereby assert copyright in that Content, as between the reader/vistor and pourselves, subject to any rights reserved by the original author. You may refer to the Content, provided that any use of the same must include an attribution to the author and where possible a link to this Website.
5. In the event that you buy any goods or services using our Website you will be bound by such terms as are notified by us to you on the materials that you will be sent once you have confirmed your order as indicated on the Website.
In the absence of any additional materials being sent by us to you, the terms will be as specified within these terms and conditions or those specified on the Website itself concerning the price of the goods, the methods of acceptable payment and the timing of such payments, and the requirement by you to pay such additional carriage and freight charges as may be specified on the Website.
We have no responsibility to supply to you any goods or services as may be advertised for sale or supply on our Website. When you place the order for goods or services, you are making a legal offer to us, which we may or may not decide to accept. A legally binding contract will exist between us when you receive written confirmation from us (by e-mail or otherwise) that confirms your order.
In the event of any discrepancy between the terms and conditions specified or highlighted on the Website, and these terms and conditions, and or such terms and conditions as are specified in the materials the prevailing terms will be those most favourable to us.
9. No terms agreed between us will be varied unless such a variation has been agreed by us in writing. However, we reserve the right to supply to you goods that are not exactly those you ordered, but are of an equivalent type and quality, at the same or less price than those you ordered. If you are supplied with goods at a lesser price than those you ordered and paid for, we will reimburse you with the difference.
CANCELLATION AND RETURNS: GOODS
10. You may return such goods as are supplied by us to you provided: you return the goods to us within 7 days of receipt by you; the goods are returned in their original packaging; the goods are returned at your expense to the return address specified on the materials that accompanied the goods; the goods are in no worse a condition than when they were supplied to you by us; the goods are not of a type specified, or are supplied in circumstances as being, “non-returnable”. If these conditions are met we will refund you for the amount you originally paid for the goods within 30 days from the date we receive the goods back from you.
CANCELLATION AND RETURNS: SERVICES
11. You may cancel an order for the supply of services by us to you within 7 days from the day you made payment provided we have not incurred any identifiable costs as a result of your order and the nature of the services intended to be supplied are not of a type specified by us or by law, as being exempt from cancellation. If these conditions are met we will refund you the amount you originally paid for the supply of the services within 30 days from the date we received notice of cancellation.
12. In the following circumstances goods shall be treated as being “non-returnable”: where the price of the goods was dependant on fluctuations in the financial market outside of our control; where the goods have been at your request personalised; where the goods by their nature cannot be returned or are likely to deteriorate or expire rapidly (e.g. perishable food); all audio or video recordings or devices or computer software if the seal has been broken or tampered with in any way.
NON CANCELLATION OF SPECIFIED SERVICES
13. The order from you to us for the supply of services cannot be cancelled in the following circumstances: where the price of the supply of the service was dependant on fluctuations in the financial market outside of our control; where the order from you to us was for gaming, betting or lottery services; where the request for the service required us to incur costs at your request prior to the cancellation period (in which case you will only be refunded for only the difference between the costs we incurred and the payment made by you to us for service); where the supply of the service was for a particular service on a specific date or within a specified period.
OWNERSHIP OF THE GOODS AND RISKS
14. You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you. You may take out adequate insurance cover for such eventualities if you see fit to do so.
RIGHTS OF THIRD PARTIES
15. This agreement is between you and us and not any third party, and this agreement is not intended to confer any rights of any nature upon any party other than you and us and our legal associates.
PRIVACY AND DATA PROTECTION
16. We agree to be bound by any prevailing law, judgement, directive or Statutory Instrument that imposes upon us restrictions concerning the use in any manner of confidential information supplied by you to us including credit card or bank details, any user name and or password supplied by you to us, and other details relating to your personal and financial circumstances.
We will only collect, use and transfer your Personal Data if you have consented to that collection, use and transfer, except in circumstances where it is necessary to conform to legal requirements; protect and defend our rights or property; or to protect the interests of other users.
As a result of accessing our Website a “cookie” has been stored on your web browser that enables us to provide restricted information to third parties. If you wish to remove the cookie or check that the information stored is accurate please refer to the options on internet browser.
COMMUNICATIONS FROM US TO YOU
17. If you have any queries or concerns relating to our Website or our products or services or these terms and conditions please forward your query to the following email address: firstname.lastname@example.org
If you do not wish to receive unsolicited information about future products or services from us, then please inform us in the manner specified on our Website or email us as indicated above simply stating: UNSUBSCRIBE.
COMMUNICATIONS FROM YOU TO US
18. If our Website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, pornographic, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or Human Rights or actionable in law in any jurisdiction.
In the event that you do post such material on our Website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.
In the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing.
All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.
We reserve the right, at our sole discretion, to suspend or restrict access of any user of rhythms.com.au if we believe that these Terms and Conditions are not being adhered to.
We reserve the right to refuse user registrations / logins at our sole discretion, and will not accept any registration we believe is being made by or on behalf of a user who has previously been suspended or banned from access to rhythms.com.au.
19. Please take full responsibility for your own security and do not under any circumstances disclose your bank details, credit card details, your personal user name or password or other such information to any other person unless you are confident that the information will not be misused.
Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.