TERMS AND CONDITIONS
RED SQUARE MUSIC PTY LTD TRADING AS VITAMIN RECORDS ("VITAMIN") PROVIDES ITS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU VISIT OR PURCHASE VIA THE VITAMIN WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT (THE ‘AGREEMENT’) BETWEEN YOU AND VITAMIN WITH RESPECT TO THE WEBSITE, THE CONTENT AND THE PRODUCTS (AS THOSE TERMS ARE DEFINED BELOW) AND SUPERSEDE ALL PRIOR OR EXISTING COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN BETWEEN YOU AND VITAMIN.
1. Definition of the www.vitamin.net.au website. VITAMIN is the provider of the www.vitamin.net.au website (the "Website") that permits you to purchase physical CDs, vinyl, DVDs, merchandise, tickets for events and digital downloads including without limitation sound recordings, audio-visual material, software and data files - under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Website. This Website is available for individuals aged 13 years or older, and you warrant to Vitamin that you are 13 years or older. If you are 13 or older but under the age of 18, you warrant to VITAMIN that you have reviewed these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understands these terms and conditions.
3. Objectionable Material. You understand that by using the Website, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Website at your sole risk and that VITAMIN shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
4. System Requirements. Use of the Website requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of these factors, and, subject to clause 25 below, VITAMIN gives no warranty that the Website will function as intended on any particular computer system. High speed or so called ‘broadband' Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Website is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Website.
5. Security. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Website for any reason whatsoever. You will not access the Website by any means other than through the website that is provided by VITAMIN for accessing the Website. You shall not access or attempt to access any user account of a third party, or any part of the Website that you are otherwise not authorised to access. You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorized access to the Website. Violations of system or network security may result in civil or criminal liability.
6. Privacy. All information that VITAMIN collect’s from its customers is held in confidence. VITAMIN does not sell or trade this data to outside companies. VITAMIN only uses this information to notify you about special offers, services, music-related news and site enhancements. If you do not wish VITAMIN to provide you with promotional or other information from time-to-time you may inform VITAMIN of this by un-checking the ‘newsletter’ box in your account profile.
7. Your Account Access. When using the Website you will be issued a username and password, you are responsible for maintaining the confidentiality of your username and password. You agree to accept responsibility for all activities that occur under your username or password. VITAMIN reserves the right to refuse service, terminate accounts, remove, edit or cancel orders at its sole discretion.
8. Updating or Deleting your Personal Information. You can help VITAMIN to maintain the accuracy of your information by notifying us of any change to your address, phone number or email address. If at any time you wish to update your personal information, unsubscribe from our newsletters or you would like your personal information removed from our files, you can do so by logging in to your account and changing your details.
9. Electronic Communication. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on this site. You agree that all such communication satisfies any legal requirement that such communications be in writing.
10. Copyright. All content included, communicated or made available on or through the Website including all text, graphics, logos, button icons, images, audio files, etc (the “Content”) and all products purchased through the Website, such as sound recordings, audio-visual recordings and artwork whether embodied in CDs, DVDs, vinyl or available as digital downloads (the “Products”) are protected by Australian and international copyright laws, and are subject to specific usage rules (e.g. Digital Download Usage Rules) established by VITAMIN and outlined below.
11. Acknowledgement of Ownership. You agree that the Website, the Products and all Content are owned by VITAMIN and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Website, any Product, or any Content in any way whatsoever except for use in compliance with the terms of this Agreement. No portion of the Website or any Content may be reproduced in any media or by any means. You agree not to modify, rent, lease, lend, sell, distribute, or create derivative works based on the Website, any Content or any Products, in any manner, and you shall not exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
12. Removal of Content. Notwithstanding any other provision of this Agreement, VITAMIN and its licensors reserve the right to change, suspend, remove, or disable access to any Products, Content, or other materials comprising a part of the Website at any time without notice. In no event will VITAMIN be liable to you or any other person for the removal of or disabling of access to any such Products, Content or materials under this Agreement. VITAMIN may also impose limits on the use of or access to certain features or portions of the Website, including cancelling or suspending any user account, in its discretion and without notice or liability.
13. Trademarks. VITAMIN, VITAMIN Records, VITAMIN Distribution, the VITAMIN logo, www.vitamin.net.au, and all other trademarks, graphics, and logos used in connection with the Website are trademarks owned or registered by VITAMIN. Other trademarks, website marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. You take no interest of any kind in any such trade marks. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
14. Purchase of Digital Downloads. You acknowledge that VITAMIN may make available for purchase from the Website sound recordings, audio-visual recordings and other material in electronic or digital form(“Downloads”). Downloads may require the use of other hardware and software products (e.g., the ability to make copies of Downloads on physical media and render performance of Downloads on authorized digital player devices), and such hardware and software is your responsibility. Once a Download is purchased and you receive the Download, it is your responsibility not to lose, destroy, or damage the Download, and VITAMIN shall be without liability to you in the event of any loss, destruction, or damage. Subject to clause 25 below, VITAMIN makes no warranty that any Download will function as intended on your system or equipment. All risk in any Download passes to you immediately on the Download leaving or being transmitted from VITAMIN’s server.
15. Digital Download Usage Rules. You acknowledge that the licence granted to you to use each Download is strictly limited according to the following “Usage Rules”, and you agree to use Downloads in compliance with such Usage Rules:
• * You are authorised to use the Downloads only for personal, noncommercial use.
• * You are authorised to reproduce and store unlimited copies of the Downloads on any media, provided that these copies are for personal non-commercial use only. The Download or copies of the Download may not be reproduced for the benefit of any third party, transferred to any third party, resold or streamed either for profit or non-profit use.
• * You shall be entitled to export, burn or copy Downloads solely for personal, noncommercial use.
• * Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Downloads.
• * You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Website or used to administer the Usage Rules.
• * The delivery of Downloads does not transfer to you any commercial or promotional use rights in the Downloads.
• * The rights granted to you in the Downloads are personal and non-transferable. Except as expressly permitted above, you may not, without the prior licence of VITAMIN or its licensors, do any act comprising the copyright in any Download.
You agree that your purchase of Downloads constitutes your acceptance of and agreement to use such Downloads solely in accordance with the Usage Rules, and that any other use of the Downloads may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Downloads, in addition to any other terms or rules that may have been established between you and another party. VITAMIN reserves the right to modify the Usage Rules at any time, by written notice to you.
16. Agreement to Pay. You agree to pay for all Products you purchase through the Website, and that VITAMIN may charge you for any Products purchased, and for any additional amounts (including any taxes late fees, interest and freight as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING VITAMIN WITH A VALID CREDIT CARD OR OTHER VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES IN CLEARED FUNDS PRIOR TO DELIVERY. All fees will be billed to the payment method you designate during the registration and purchase process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Your Account section of the Website. In the event of non-payment, VITAMIN may cancel or withhold any delivery in its discretion.
17. Payment Methods. www.vitamin.net.au accepts the following credit cards: Visa, MasterCard and American Express. PLEASE NOTE:
• * Debit cards and cheque cards have daily spending limits that may prevent the processing of your order.
• * If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.
18. Prices. VITAMIN endeavours to offer you competitive prices on products stocked. Your total price will include the price of the product plus any applicable GST. Prices and availability of any Products are subject to change at any time.
19. GST. www.vitamin.net.au purchases will include Goods and Services Tax (GST) for relevant sales including those sales made to Australian customers based on the bill-to address and the Goods and Services Tax rate in effect at the time of download. No customers are eligible for tax exemptions for purchases made on www.vitamin.net.au.
20. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by VITAMIN. Time is not of the essence for delivery of any Product. All risk in any Product (other than Downloads) passes to you immediately on the Product leaving VITAMIN’s premises, or the premises of any agent or contractor of VITAMIN, for delivery to you.
21. Electronic Signatures and Contracts. Your use of the Website includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY UNDER SUCH AGREEMENTS AND FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.YOU AGREE THAT RECORDS STORED ELECTRONICALLY BY VITAMIN OF YOUR COMMUNICATIONS AND TRANSACTIONS SHALL BE SUFFICIENT EVIDENCE OF THOSE COMMUNICATIONS AND TRANSACTIONS.
22. Product Information. VITAMIN attempts to be as accurate as possible. However, VITAMIN does not warrant that product descriptions or other contents of this site are accurate, complete, reliable, current, or error-free.
23. Links to External Websites. This site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by VITAMIN of the contents of such other websites. VITAMIN shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites.
24. Limitation Of Liability. This site is provided by VITAMIN on an "As Is" basis. VITAMIN makes no representations or warranties of any kind, expressed or implied, as to the operation of this Website, it’s the Content or any Products (including without limitation Downloads). You agree that your use of this Website is at your sole risk. All statutory and other warranties, promises or representations however made or given, whether express or implied, as to the state, quality or merchantability of the Website, the Content or the Products, or the fitness for use of the Website, the Content or the Products, are expressly negatived and excluded to the fullest extent allowed by law. VITAMIN does not warrant the Website, its servers or emails sent from the Website are free from viruses or other harmful components. VITAMIN will not be liable for any damages of any kind arising from the use of this Website.
25. This Agreement will not be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of Part V of the Trade Practices Act, 1974 or Part VIII of the Sale of Goods Act 1923 (NSW) or of any other statute, act or law of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified. Without prejudice to any of the foregoing, if VITAMIN incurs a liability to you under such legislation, the liability of VITAMIN is limited to such of the following as VITAMIN may nominate in its discretion: (a) the replacement of the goods or services concerned or the supply of equivalent goods or services; (b) the payment of the cost of replacing the goods or acquiring equivalent goods; or (c) the payment of the cost of supplying equivalent services.
26. Applicable Law. This Agreement will be governed by the law in force from time to time in New South Wales, Australia. Any dispute concerning the validity, the interpretation or the enforcement of these terms and conditions and the performance of the Websites rendered by VITAMIN shall be finally settled by the courts of New South Wales, Australia.
• a. Termination by VITAMIN. If you fail to comply with any of the material provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide VITAMIN with a valid credit card or other payment method or with accurate and complete registration data, failure to safeguard your account information, or violation of the Usage Rules or any license to the software, VITAMIN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) preclude access to the Website (or any part thereof).
• b. Termination of the Website. VITAMIN reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and VITAMIN will not be liable to you or to any third party should it exercise such rights.
27. Enforcement of These Terms. VITAMIN reserves the right to takes steps VITAMIN believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VITAMIN’s right to cooperate with any legal process relating to your use of the Website and/or Products, and/or a third party claim that your use of the Website and/or Products is unlawful and/or infringes such third party's rights). You agree that VITAMIN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as VITAMIN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VITAMIN’s right to cooperate with any legal process relating to your use of the Website and/or Products, and/or a third party claim that your use of the Website and/or Products is unlawful and/or infringes such third party's rights).
28. Waiver and Indemnity. BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD VITAMIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY PROCEEDINGS, CLAIMS OR DEMANDS (INCLUDING WITHOUT LIMITATION LEGAL COSTS ON AN INDEMNITY BASIS) MADE AGAINST IT ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN BY VITAMIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. IN ADDITION YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VITAMIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VITAMIN’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
29. Notices. VITAMIN may send you notice with respect to the Website by sending an email message to the email address listed in your www.vitamin.net.au account contact information, by sending a letter via postal mail to the contact address listed in your www.vitamin.net.au account contact information, or by a posting on the www.vitamin.net.au website. Notices shall become effective immediately.
30. Miscellaneous. You may be subject to additional terms and conditions, separate to this Agreement, that may apply when you use affiliate websites, third-party content, or third-party software. VITAMIN’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. VITAMIN will not be responsible for failures to fulfil any obligations due to causes beyond its control.
31. Terms and Conditions Modification. VITAMIN reserves the right to change and modify these terms and conditions by written notice to you (which may expressly include notice posted on or to the Website) at any time, and your continued use of the Website will be conditional upon the terms and conditions in force at the time of your use.