ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITES AT westsidemusiccollege.com.au (“Sites”) OR ANY INFORMATION CONTAINED WITHIN THE SITES, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement"):
1. CONTRACTING PARTIES
When you register with either Sites, you are contracting with Westside Music College Pty Ltd, of 500 William Street, highgate, Western Australia, Australia 6003. Westside Music College Pty Ltd (ACN: 633 455 482) is referred to in these terms and conditions as "we", "us", "our", "Westside Music College" or “WMC”.
You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Sites; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Sites, and; to not create additional registration accounts for the purpose of abusing the functionality of the Sites, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to Westside Music College and to others for all activity that occurs under your registration account.
3. YOUR PERSONAL INFORMATION
Your use of the Sites and/or all content contained within the Sites (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Westside Music College, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Sites and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Sites or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Sites or under Australian or local law. The Sites and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
5. OBJECTIONABLE MATERIAL
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Sites, please immediately report such material (and the specific page on which it is found) to Westside Music College. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
6. SUBMITTING MATERIAL
If you upload any material to the Sites (including, without limitation, text, photographs and/or written comments) you hereby grant to us a worldwide, perpetual, non-exclusive licence to use that material in any media. You further agree to waive your moral rights for the purposes of this licence. You warrant and represent that you personally created, wrote and produced such content and all materials contained within such content. We reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Sites.
7. CODE OF CONDUCT FOR USER CONTENT
You agree that you are responsible for everything that you post or transmit to the Sites and you agree (in relation to the Sites):
not to post content or participate in any form of activity via the Sites which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
not to post content which you do not have the right to use;
not to abuse other Users;
not to spam other Users or anyone else;
not to publish your own contact details or those of anyone else;
not to register more than one account for yourself or anyone else.
You acknowledge and accept that when you upload material to the Sites, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
You agree that the liability of Westside Music College to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to Westside Music College for its products or services; and (2) one hundred Australian dollars ($100). Except as set out herein, Westside Music College shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Sites or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Westside Music College.
You agree to indemnify Westside Music College for any loss or damage that may be incurred by Westside Music College, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Sites. You further undertake to indemnify Westside Music College for all loss or damage incurred by Westside Music College in relation to any third party claim against Westside Music College for infringement of intellectual property rights arising in relation to your provision of materials to the Sites.
The brands, products and service names used or appearing within the Sites (including, without limitation, “Westside Music College") are the trade marks or trade names of Westside Music College or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Westside Music College.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Sites in any manner. If you in any way Interfere with the Sites, you agree to pay all damages incurred by Westside Music College. Westside Music College will cooperate with the authorities in prosecuting any User who Interferes with the Sites or otherwise attempts to defraud Westside Music College or any other parties through your use of the Sites or services provided via the Sites. Westside Music College reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Sites. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
12. NO PARTNERSHIP
Your use of the Sites and/or the content creates no partnership, client, fiduciary or other professional relationship.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
14. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
16. NO WAIVER
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Sites, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Sites. Your continued use of the Sites or services constitutes agreement with and acceptance of any such amendment or other changes.
18. LAW AND JURISDICTION
This Agreement shall be governed by and will be construed in accordance with the laws of the Commonwealth, Australia and Western Australia. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Australian Courts.
19. CONTACTING US
For enquires regarding the Sites and returns, please contact us at the following address: Westside Music College, 500 William Street, Highgate, WA, Australia 6003, or contact us at