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Terms & Conditions
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SUPPLY
OF PRODUCT BY GUITAR AND BASS ONLINE GENERAL TERMS AND CONDITIONS
1. OUR SERVICES TO YOU
2. LICENCE
3. YOUR OBLIGATION TO PAY US
4. REFUNDS
5. EDUCATIONAL USE OF THE PRODUCT
6. OUR RIGHTS
7. LIABILITY EXCLUSION
8. THINGS BEYOND OUR CONTROL
9. INTELLECTUAL PROPERTY
10. MISCELLANEOUS
Our services to you
1.1 Guitar and Bass Online (hereinafter "GBO", "us", and "we")
will provide you with Guitar and Bass tuition (hereinafter the
"Product") and you agree to purchase and use the Product on
these terms and conditions as may be amended from time to time.
The latest version of these terms and conditions can be found
at any time by returning to this page on the GBO website.
2. Licence
2.1 To the maximum extent that the Product contains any intellectual
property which we may lawfully licence to you, we licence that
intellectual property to you on a non-exclusive, non-transferable
basis but only and solely for your personal and educational
use of the Product.
2.2 The ownership of the intellectual property at all times,
whether in its original form or as modified, does not change
by this agreement. You must not copy or incorporate into any
other program or system the intellectual property without written
consent in a form approved by us. You must protect the intellectual
property at all times from unauthorised use or copying. 3. Your
obligation to pay us
3.1 Before we need to supply you with the Product, you must
pay us the Price as notified to you.
3.2 You must pay any taxes, duties, stamp duties, imposts, levies
or government charges relating to this agreement or the supply
or usage of the Product, wheresoever and by whosoever charged,
and you indemnify us in respect of any such payments.
4. Refunds
4.1 We agree to provide to you a full refund of the Price you
have paid for the Product if you make a written and verifiable
request for a refund within 30 days of our acceptance of your
offer for the Product provided however that you have returned
the Product in full, including any packaging and documentation,
to our current postal address which is stipulated on the GBO
website.
5. Educational use of the Product
5.1 You warrant to us that you will use the Product for educational
purposes only and that a fair dealing of copyright works or
adaptations of copyright works for the purposes of research
of study is not an infringement of copyright in the jurisdiction
in which you use the Product. You indemnify us against any loss,
costs or damage we may suffer as a result of your use of the
Product contrary to law.
6. Our rights
6.1 We may, at any time and in our absolute discretion, cancel
your licence to use the Product by notice in writing to you.
We will give you as much notice as is reasonably practicable
in the circumstances.
6.2 You authorise us to obtain credit information about you
from a credit-reporting agency.
7. Liability exclusion
7.1 In recognition of the unique value of the Product supplied
to you by us, you agree that to the maximum extend permissible
by law: (1) We are not liable to you or anyone claiming through
you for any loss or damage or costs sustained or incurred by
you arising in any way in connection with the Product. (2) We
exclude all implied warranties in relation to the Product. Should
we be liable to you, by virtue of any applicable statute, law,
rule or regulation, for any loss or damage suffered, sustained
or incurred by you under or in connection with this agreement
or the Product, our total liability for any such loss or damage
shall, to the extent permitted by law, be limited, at our option,
to the cost of supplying the Product to you again or refunding
to you the amount you paid us for the Product.
8. Things beyond our control
8.1 It is impossible for us to ensure that the Product is 100%
error or bug free or that persons misuse the Product or that
any laws or regulations affect the Product. We make no warranties
to you in this regard. We will not be liable for any Product
failure or breach of any term of this agreement where that default
is for any reason beyond our control, including but not limited
to acts of God such as fire, storm, flood, earthquake or an
act or omission of any third person.
9. Intellectual Property
9.1 You acknowledge that all intellectual property rights in
the supply of the Product remains our property or the property
of third parties and you shall do all such things as are necessary
to perfect our or any third party's title to those intellectual
property rights. You consent to us obtaining urgent interlocutory
relief to restrain any breach or anticipated breach by you of
these obligations.
10. Miscellaneous
10.1 This agreement will commence on the earlier of: (1) The
date that we accept your offer encapsulated in these terms and
conditions either by notifying you or by providing you with
access to the Product; or (2) The date you start using the Product.
10.2 We may decline to accept your offer in our complete discretion.
You make the offer by agreeing to these terms and conditions
and paying the Price. We accept your offer by receipting the
Price.
10.3 We reserve the right to require offline verification of
your identity or authority.
10.4 These terms and conditions are the entire agreement between
us in respect of the Product.
10.5 You have not materially relied on any representation made
by us in deciding whether to acquire the Product. You have relied
on your own judgment.
10.6 If we need to notify you of any matter, we may inform you
by e-mail to any e-mail address you have given us or by posting
such notice on the GBO website and you agree that either such
manner of giving notice constitutes a reasonably commercial
endeavour to notify you.
10.7 You must not assign or attempt to assign any right or obligation
under this agreement without our written consent. We may assign
our rights or obligations, or subcontract or obligations without
restriction.
10.8 If part or all of any clause in this agreement is illegal
or unenforceable, it may be severed from this agreement and
this will not affect the continued operation of the remaining
provisions of this agreement.
10.9 These terms and conditions are governed by the law in force
in the State of Queensland, and the Commonwealth of Australia.
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