ACCEPTANCE OF THE AGREEMENT The website, the URL of which is www.musicconsortium.com.au, and any product, feature, software, application, data feed and service associated with such website are copyrighted products of Music Consortium (“we”, “us”, “our”, or “Company”). “You”, “your”, or “yours”, which shall mean an individual or a legal entity on whose behalf you agree to the terms and conditions of the present Agreement and to provisions of policies incorporated herein by reference (hereinafter collectively referred to as the “Agreement”).
If you accepting the terms and conditions of the present Agreement on behalf of any entity, you represent and warrant that you are authorized to accept the Agreement on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of the Agreement. The Agreement is entered into by and between you and the Company. If you are operating the Music Consortium Website on behalf of any entity, you represent and warrant that you are authorized to accept the Agreement on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of the Agreement.
Your operation of the Music Consortium Website shall be subject to the terms and conditions contained in the Agreement. By operating the Music Consortium Website, you accept and agree to be bound by the terms and conditions of the Agreement. If you do not agree to be bound by any of the provisions contained in the Agreement, please do not access, use, or operate the Music Consortium Website. You may not use or operate the Music Consortium Website and may not enter into the Agreement if (a) you are not of legal age to form a binding contract with us, or (b) you are a person who is either barred or otherwise legally prohibited from using or operating the Music Consortium Website under the laws of the country in which you are a resident or from which you use or operate the Music Consortium Website.
Subject to the provisions contained under section ‘Entire Agreement’ (General Provisions), the present Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company.
LICENCE GRANTED TO YOU Licence. Subject to the terms and conditions of the Agreement, the Company grants you a worldwide, non-transferable, non–assignable, non-sublicensable and non-exclusive licence of the right to operate the Music Consortium Website under your own brand name. General Restrictions.
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not sublicense, sell, rent, lease, reproduce, copy, transfer, or assign any part of the Music Consortium Website; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, reverse engineer or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any part of the Music Consortium Website; (c) you shall not use the Music Consortium Website in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Music Consortium Website may be copied, downloaded, and republished in any form or by any means; (e) you shall not use, or encourage, promote, facilitate or instruct other users to use, the Music Consortium Website for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive (including content which offends religious sensibilities). You agree not to use the Music Consortium Website in order to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); or (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Music Consortium Website (e.g., a denial of service attack).
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Music Consortium Website or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Music Consortium Website or any part thereof.
Ownership. We and our licensors (where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Music Consortium Website and content therein. As stated above, the right to use and operate the Music Consortium Website is licensed to you; this means that the Music Consortium Website is under no circumstances sold/transferred to you. Indeed, the Agreement does not convey to you any rights of ownership in or related to the Music Consortium Website. Our name, logo, and other names associated with the Music Consortium Website belong to us (or to our licensors, where applicable), and no licence of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, where applicable) reserve all rights not granted in the Agreement.
LICENSEE ACCOUNT In order to be able to operate the Music Consortium Website you will need to create a licensee account (“Licensee Account”) and provide certain information about yourself as requested by the Company in the online registration form. You represent and warrant that (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Music Consortium Website does not violate any applicable laws. You shall be responsible for (a) maintaining and ensuring the confidentiality and security of your Licensee Account’s login information, and (b) all activities that are conducted under your Licensee Account. You agree not to disclose your password to any third party and you shall be solely responsible for any use of or action taken through the use of such password on the Music Consortium Website.
The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Licensee Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. The Company reserves the right to revoke your right to access your Licensee Account at any time if any misuse of the Music Consortium Website occurs, or if unauthorized file sharing or multiple-IP logins are detected in the system.
YOUR OBLIGATIONS As a Music Consortium Website licensee, you hereby agree that you shall: be solely responsible for all your trademarks, logos, design, media, text, graphics, animations, audio components, video components, photos or any other information posted and published on the Music Consortium Website and for activity that occurs on the Music Consortium Website (even when any such content is posted by your customers); 2. be solely responsible for all costs and expenses incurred in connection with the operation of the Music Consortium Website; 3. be solely responsible for all tax returns, contributions and payments required to be filed with or made to any federal, state, or local tax authority, in your country of residence, with respect to your operation of the Music Consortium Website. 4. not use the Music Consortium Website for any illegal or unauthorized purposes. You must not, in the operation of the Music Consortium Website, violate any laws applicable to your or the Company’s jurisdictions (including but not limited to copyright laws); 5. use good, fair and honest business practices in connection with the operation of the Music Consortium Website; 6. ensure that your customers agree to terms and conditions similar to the provisions contained in the Company’s Terms of Service 7. keep information of your customers confidential. You further agree that you may not share or sell any such customer information to business owners, offer such information as a bonus, add this information to membership sites, or otherwise distribute this information without written consent from Company. 8. not send SPAM mail or to promote any of Company’s products or services (the breach of this provision may result in immediate termination of this Agreement and/or legal action).
INSPECTION: The instrument will be provided in full working order and the hirer will inspect the instrument upon possession or delivery to ensure
1.1 The instrument is clean, in good working order and contains all the necessary parts for operation;
1.2 the hirer is satisfied that it it is suitable for their playing needs;
1.3 the hirer is familiar with the proper safe handling instructions, setup and packdown procedures (ie. pull throughs, assembly and disassembly, temperature and weather conditions.)
2. PROPER USE: The Hirer agrees to take possession of the instrument:
2.1 as an experienced player, as a guardian of an experienced player or under the guidance of an instrumental music teacher.
2.2 only for the purposes it is designed; to be used in practice and performance
PERIOD OF HIRE: The hirer agrees to commerce the hire contract
3.1 upon receiving the instrument or collection of the instrument unless otherwise discussed with Consortium Music;
3.2 at the nearest school term commencement date to the collection of the instrument.
3.3 The period of hire will default at a minimum of 6 months or two school terms unless otherwise agreed between the hirer and consortium music.
4. TERMINATION OF HIRE: The termination of the hire contract
4.1 can only be executed upon return of the instrument to Consortium Music and after a technician or staff member has inspected the instrument and checked the contents;
4.2 can only be executed with more than 1 month notice unless a written agreement between Consortium Music and the hirer;
4.2 can only be executed after a minimum of 6 months or two school terms unless a written agreement has been made between Consortium Music and the hirer.
5. INSTRUMENT MAINTENANCE: The Hirer will ensure the instrument is kept in a clean, dry, working condition for the duration of the hire. 5.1 The hirer will only use lubricants that are supplied by Consortium Music or approved after consultation by Consortium Music.
5.2 The hirer may return the instrument at any time during the hire for regular servicing, it is recommended that the instrument is returned annually for regular maintenance.
5.2 The hirer must not take the instrument to another repairer for maintenance unless approval is sought from Consortium Music.
INSTRUMENT FAILURE: If the instrument fails to perform as discussed or has a mechanical failure
6.1 The hirer must notify Consortium Music immediately for advice
6.2 Consortium Music will repair the problem or replace with a like instrument to continue the hire.
6.3 There will be no additional costs associated with repair or replacement if the technical problem is not caused by misuse, accidental damage or loss.
LOSS, DAMAGE OR THEFT: If the instrument is damaged, lost or stolen, it is the responsibility of pay Consortium Music for repairs or replacement.
7.1 If the Instrument is lost or stolen, Consortium Music will charge the hirer the replacement value of the instrument listed on Consortium Music website.
7.2 If the instrument is damaged, the hirer will be charged the cost of repairing the instrument or cost of replacement, whichever is less in value.
7.3 Consortium Music reserves the right to determine the cost of repair.
8. INSURANCE: Consortium music will only insure the instrument 8.1 during transit to the hirer if it being posted, couriered or delivered
8.2 during transit from the hirer to Consortium Music only if the instrument has been posted or couriered with a registered service.
8.3 It is the responsibility of the hirer to keep on their own personal contents, fire, flood and theft insurance during their possession of the instrument for the duration of the hire.
9. PAYMENTS AND LATE FEES: All payments are to be made
9.1 to Consortium Music, CGB Trading Pty Ltd via direct deposit, credit card deduction online, cash in store or eftpos over the phone or in store. Personal Cheques will not be accepted
9.2 Payments are to be made within 7 days of receipt of invoice 9.3 5% surcharge on total overdue amount applies to all payments that are overdue more than 30 days.
RETURN PROCEDURE: The hirer is responsible for the safe return of the instrument to Consortium Music.
10.1 all costs associated with return of the instrument are the responsibility of the hirer
11.1 The “Hirer” is the person, company or institution that is hiring the instrument from Consortium music.
11.2 “Consortium Music” the owner of the instruments and accounts associated with issuing, maintaining and repairing the instruments. Consortium Music is also known as Gustafson Custom Horns, Richard Craig Woodwind, Joanne Bridgman Repair and is listed as an ACN as CGB Trading Pty Ltd. Consortium Music is located at Shop 310, Myer Centre Level 3, 14-38 Rundle Mall, Adelaide, South Australia 5000.
11.3 The “instrument” refers to the musical instrument being hired, this includes all parts and accessories and the case that it is supplied in.
11.4 “School Term” is the period of time determined by the South Australian Department of Education website for each year. School Terms are a 3 month period.