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1 Introduction
Leading Edge Group Limited (ACN 093 019 213) t/as Leading Edge Music ("Leading Edge
Music", "we", "our" or "us") operates the Leading Edge Music online music service
("Leading Edge Music" or "Service"). Your access to and use of the Service is subject to
these Terms of Use. By accessing or using the Service or Website, or by becoming an
Account Holder, you acknowledge that you have read and understood and agree to be bound
by the Agreement.
Our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents,
representatives and licensors will be referred to individually and collectively as the "LEM
Entities" in these Terms of Use. The primary website address for LEM is
www.leadingedgemusic.com.au. This, and all associated sites linked to it by LEM, are
referred to in these Terms of Use as the Website (the "Website").
2 Your Agreement with LEM
These Terms of Use (which incorporate the Music Download Rights and Privacy Policy,
collectively, the "Agreement"), as amended or revised by us from time to time, form a
legally binding agreement between you and LEM. The Agreement governs the provision of
all the services, content, information, features, functions and activities offered by us to you in
connection with the Website and Service. These Terms of Use also contain the terms,
conditions, rights and obligations that apply to you if you become an Account Holder.
3 Signing Up to Leading Edge Music
You do not have to sign up to visit Leading Edge Music or the Website. However, you must
register and become an Account Holder in order to purchase music, redeem vouchers and use
certain features and functions of the Service and Website.
An “Account Holder” is anyone who has signed up to the Service and has obtained a User
ID to log into the Service. As an Account Holder you may set up a profile by giving us
certain additional information, which we will refer to as your "Account."
Each Account Holder will have a unique User ID, which is the email address and confidential
password you provide (or we may assign an initial password which you may change later)
when you register ("User ID"). We may provide Account Holders with additional codes or
passwords necessary to access and use certain features or functions of the Service or the
Website.
As an Account Holder, you may also be required to submit your first and last name, email
address, date of birth and your postcode and we may also require you to provide additional
information for security or identity verification purposes. We may also ask you to provide us
with information about yourself which is optional, but will enable us to customise the
Leading Edge Music experience for you. We will indicate what information is required and
what information is optional. The information you provide to us in the registration process, as
well as any information you provide during the course of using Leading Edge Music as an
Account Holder is "Account Holder Information."
Your User ID is personal to you. You may change your User ID, update your Account Holder
Information and any personal information you have given us, however, certain personal
information, such as your date of birth, cannot be changed unless you contact us using the
Enquiry Form and provide
sufficient verification that your date of birth entry was mistakenly entered.
We will use your personal information in accordance with our
Privacy Policy.
4 Content
“Content" means all content including music, audio, video, text, illustrations, images,
photographs, animations, data, information, software, databases, designs, other proprietary
information and materials and all copyright protected or otherwise legally protectible
elements of the Service, software and Website, tangible or intangible, including the selection,
sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in
other intellectual property which you may encounter in connection with Leading Edge Music,
the Website or the software and, unless the context otherwise requires, includes Physical
Products.
Leading Edge Music provides you with different options to sample, stream, use and
download Content. A "stream" refers to Content you can play while you are connected to
Leading Edge Music on the Internet. A "sample" stream refers to less than the entire Content
available, usually provided on a promotional basis, without charge. A "full" stream refers to
full or continuous Content and usually requires you to pay a separate fee.
A "download" refers to Content you may save to fixed storage media in your personal
computer or portable devices, and play back. You may purchase "permanent" downloads on
an a la carte basis from Leading Edge Music. Permanent downloads are subject to certain
licensing and use rights restrictions, however, you may continue to play permanent
downloads that you lawfully downloaded as an Account Holder, even if and when you are no
longer an Account Holder of Leading Edge Music.
5 Your conduct and using the Content
• Your use of the Content is subject to the Agreement and you may not directly or
indirectly reproduce, modify, display, broadcast, perform, transfer, distribute or use
Content in any manner that is inconsistent with the Agreement or any laws or
regulations that apply.
• You agree only to copy, record, play back and download Content for which you have
the necessary authorisation, permissions and licences.
• Account Holders are allowed to transfer certain Content to their personal computer,
transfer Content from their personal computer to certain enabled and compatible
portable devices, and burn downloads to CDs, in accordance with our Music
Download Rights.
• Downloads available from Leading Edge Music and the Service are generally in MP3 format
with a bit rate of 256kps and are compatible with Windows Media Player and many
portable devices, including iPods.
You are prohibited from sharing downloads with or enabling or allowing the sharing of downloads
with any other person.
• Digital Rights Management, intellectual property and/or security technology protections may be
provided with or in the Content and you must not directly or indirectly
circumvent, reverse engineer, decrypt, or otherwise alter, modify, restrict or
interfere with such protection or any of the means by which we monitor and
administer these protections or rules.
• All Content belongs to LEM, the LEM Entities, or their respective licensors, suppliers,
operational service providers or advertisers, and is legally protected under
Australian Commonwealth and State laws, as well as applicable foreign laws,
regulations and international treaties.
• Leading Edge Music, the Website, the software and all Content are provided solely for your
non-commercial, non-exclusive personal use.
• Your rights are non-assignable, non-transferable and limited to those specifically and expressly
granted to you by us.
• You must not alter, delete, or conceal any copyright or other notices.
• You must not, nor
will you allow any third party to, reproduce, modify, edit, create derivative
works from, display, perform, publish, distribute, communicate, disseminate,
broadcast or circulate to any third party or otherwise use, any Content without
the express prior written consent of LEM or the owner of such Content if LEM is
not the owner.
• Nothing must be
construed as assigning, transferring or granting to you, any right, licence or
interest in or to Leading Edge Music, the Content, the Website or any software,
except for the specific, restricted and limited rights granted to you under the
Agreement.
• Any use of Leading
Edge Music, the Content, the Website or any software that is not expressly
permitted under the Agreement is strictly prohibited.
• Portions of
Leading Edge Music which manage digital rights in Content and which are
installed on one or more of your computers may count the number of times you
play downloaded Content or transfer downloaded Content to portable devices and
will report that information to us.
• It is your
responsibility not to destroy or damage or lose the downloaded Content, as we
are not responsible for any Content you download that is lost, damaged or
destroyed.
• You are solely
responsible for all Content that you download from the Service. We are not
obliged to maintain a record of the Content you download and we will not be
liable or responsible for failing to do so.
• If we no longer
have the right to make certain Content available, for any reason and at any
time, you will no longer be able to obtain or use that Content from Leading Edge
Music, even if you originally obtained it from us.
6 Purchasing Physical Products
“Physical Product” means any
physical goods such as CDs, DVDs, merchandise, LPs and any other tangible
products.
Transactions made in connection with the Services or the
Website are subject to these Terms of Use and any terms, conditions or
requirements specified at the time of purchase or referred to in these Terms of
Use. If there is a conflict with these Terms of Use and any other terms,
conditions or requirement, these Terms of Use will prevail.
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- Orders: You may place an
order to purchase Physical Product by following the instructions on the Website.
Any order placed by you is an offer to purchase on these Terms of Use a
particular Physical Product for the price (including delivery and other charges
and taxes) stated on this Website at the time the order is placed. Leading Edge
Music reserves the right to reject or accept your offer for any reason,
including unavailability, error in price or description or a defective order.
After acceptance of the order, Leading Edge Music may cancel an order if the
Physical Product is unavailable. In the event of a cancelled order, Leading Edge
Music will promptly refund any payments processed.
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Delivery: The delivery
information in the FAQ section of this Website applies to deliveries of Physical
Products. Delivery times cannot be guaranteed and any stated delivered times are
only estimates. Leading Edge Music will have no liability in respect of any
deliveries which are outside the estimated delivery times.
Title: Leading Edge Music
will retain title to the Physical Products you order until you have made payment
in full for those Physical Products, but all risk in the Physical products will
pass to you upon their delivery to, or collection by, a postal or courier
service.
Returns: The returns and
refund information contained in the FAQ section of this Website applies to
returns of Physical Products
7 Pre-order
From time to time you may be able to pre-order Content in
advance of its release date.
You must be an Account Holder to pre-order Content. These
Terms of Use and any terms, conditions or requirements specified at the time you
pre-order Content apply to all pre-orders and associated transactions. If there
is a conflict with these Terms of Use and any other terms, conditions or
requirement, these Terms of Use will prevail.
You may pre-order Content by following the instructions on
the Website. By pre-ordering Content, you are authorising Leading Edge Music to
automatically charge you for the Content, and to download or deliver (as
applicable) the Content, when and if the pre-ordered Content becomes available.
Payment for pre-ordered Content will not be taken until the Content is
downloaded or shipped (as applicable). Leading Edge Music will issue you with an
email confirmation and transaction invoice at the time at which payment is
taken.
LLeading Edge Music reserves the right to reject or accept your pre-order for any
reason, including unavailability, error in price or description or a defective
order
8 Vouchers
“Voucher” means a prepaid amount acquired via the Website which may be
used by the purchaser or acquired as a gift for a named recipient.
You must be an Account Holder to redeem Vouchers. Vouchers can be used to
purchase Content using the Website or Service in accordance with these Terms of
Use.
Vouchers expire 12 months from the date the Voucher is first activated. It is
your responsibility to use the full value of the Voucher before it expires. Any
unused balances will be forfeited after the Voucher expires.
Vouchers may be used as payment for all or part of your order. If your order is
less than the value of your Voucher, the unused balance of your Voucher will
remain current on the Voucher for future purchases until the Voucher expires. If
your order exceeds the amount of your Voucher, Leading Edge Music will charge
you the amount in excess of your Voucher by your selected payment method.
Vouchers and unused balances are not redeemable for cash and cannot be returned
for a cash refund. Vouchers cannot be exchanged, transferred or used to purchase
other Vouchers. Leading Edge Music is not responsible for lost or stolen
Vouchers. Lost or stolen Vouchers will be voided and are not redeemable.
Leading Edge Music reserves the right to request alternative forms of payment if
Leading Edge Music considers, in its sole discretion, a Voucher has been
fraudulently obtained or used to obtain Services.
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9 Fees for Account Holder
Only residents of Australia are able to purchase Content
using the Website or Service.
You authorise us to bill you for all purchases you make and
for any other fees and charges you incur in connection with the Service. You
must pay all fees and charges incurred in connection with your User ID
(including any applicable taxes) at the rates and charges in effect and
applicable when the fees and charges were incurred. All fees and charges are
non-refundable.
You must designate PayPal or an authorised credit, charge or
debit card when you make a purchase, and for billing and payment of fees. If
requested, you must also provide us with additional billing and payment
information including your name as it appears on the card and your billing
address. We accept VISA®, MasterCard®, American Express® and PayPal. If
purchasing Content, your payment information, including your billing address,
must be located within Australia otherwise it will be rejected.
You warrant that you are the credit, charge or debit card or
PayPal account holder or that you have the authority of the credit, charge or
debit card or PayPal account holder to use the credit, charge or debit card or
PayPal.
You must notify Leading Edge Music of any discrepancies which
appear on your invoice or billing statement within 60 days, otherwise billed
amounts will be deemed to have been accepted by you and Leading Edge Music will
not responsible for any discrepancies.
You must pay Leading Edge Music all reasonable
solicitor-client legal fees and other relevant costs we incur to collect any
overdue amounts from you. Your registration and Account Holder status may be
cancelled and/or deactivated without notice if any payment is overdue. You must
pay any outstanding balance in full within 10 days of any such suspension,
cancellation, deactivation or termination.
The fees, charges and payments described in these Account
Holder Terms of Use only include Australian GST. They do not include any other
taxes, duties, government levies and other charges imposed by a taxing or other
regulatory authority relating to your use of Leading Edge Music. You are solely
responsible for paying any such charges.
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- We reserve the right to change the prices, rates, charges,
fees and billing methods currently applicable at any time without notice,
including without limitation, the addition of supplemental fees or separate
charges for Content and other goods or services, and such changes are effective
immediately after we post them on the Service.
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10 Your Responsibilities
You must not use or allow others to use the Site to upload,
post, transmit, distribute, communicate or otherwise make available (or attempt
to upload, post, transmit or otherwise make available) any material that:
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• is unsuitable for children;
• is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
• contains, promotes, or provides information about unlawful activities or conduct;
• is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
• contains nudity, violence, or sexual acts or references;
• poses or creates a privacy or security risk to any person;
• you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
• contains viruses, or other computer codes, files or programs which could interrupt, limit or destroy the functionality of other computer software or hardware; or
• contains financial, legal, medical or other professional advice.
You must not use or allow others to use Leading Edge Music, the software or the Website in any manner that may:
• transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instance messaging, or “spam”;
• harm, abuse, harass, stalk, threaten or otherwise offend;
• solicit money or personal information from any person;
• be unlawful, defamatory, offensive, pornographic, threatening or discriminatory;
• affect us or any of the Leading Edge Music Entities adversely or reflect negatively on us, Leading Edge Music, the Website or any of the Leading Edge Music Entities, or on their goodwill, name or reputation;
• use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• breach any laws or regulations, infringe a third party’s rights or privacy, or be contrary to any relevant standards or codes;
• use another person’s registration details, User ID or password without that person’s permission; or
• Tamper with, hinder the operation of or make unauthorised modifications to the Service or Website or the use and enjoyment of the Service or Website by other users.
By uploading, transmitting, posting or otherwise making available any material via the Site, you:
• grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form or on any medium and for any purpose;
• grant each user of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material for any purpose subject to the Agreement; and
• warrant that you have the right to make available such material and to grant the abovementioned licences.
You are responsible for ensuring that your computer and devices, hardware and software ("Equipment") can connect to the Internet and are compatible with Windows Digital Rights Management.
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11 Monitoring
We may immediately and without notice to you review,
moderate, modify, reformat, reject or remove any material which you upload,
post, transmit or otherwise make available in our absolute discretion or where,
in our opinion, it violates the Agreement or otherwise has the potential to
harm, endanger or violate the rights of any person or to detract from others’
use or enjoyment of the Website.
We may disable access to Leading Edge Music and portions of
the Website that require User ID log-in, for anyone who infringes the
intellectual property or other rights of anyone else or otherwise breaches the
Agreement. If you believe the Website, the software or the Service contains
elements that infringe your copyright in your work or anyone else's copyright,
please contact us at
contact@leadingedgemusic.com.au
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12 Warranties and Exclusions
Content may contain inaccuracies or errors and we make no
representations about the accuracy, reliability, completeness, or timeliness of
any Content or any content of other users or of third parties obtained using
Leading Edge Music, the Website or any software. You acknowledge and agree that
your use of Leading Edge Music, the software and the Website is solely at your
own risk. You may also be able to use Leading Edge Music to import files you
have legally obtained elsewhere, and you may be able to use Leading Edge Music
or the software to play them. Such use is at your own risk and we cannot and do
not warrant Leading Edge Music or the software will successfully import, play or
support such files. You must ensure you have the right to use and play such
files and content, independent of the Agreement, which does not grant you any
rights in them.
We make no representation or warranty that any Equipment,
including portable devices, will be compatible with Leading Edge Music or the
Website. We are not obliged to refund any purchases should your Equipment be
incompatible.
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To the fullest extent permitted by law, we make no
representation or warranty that the Service, or anything associated with the
Service, will function, be available or accessible at all times or at any
particular time or will operate as described.
13 Disclaimer and Limitation of Liability
Leading Edge Music and Leading Edge Music Entities (including
any of their directors, officers, employees, consultants, or shareholders) do
not make any representation or warranty as to the accuracy completeness of the
information available via Leading Edge Music and the Website.
To the fullest extent permitted by law, Leading Edge Music
disclaims all representations and warranties, express or implied, including but
not limited to implied warranties of merchantability and fitness for a
particular purpose and non-infringement.
To the fullest extent permitted by law, under no
circumstances will Leading Edge Music or any of the Leading Edge Music Entities
(including any of their directors, officers, employees, consultants,
shareholders) be liable for any unauthorised use of Leading Edge Music, the
Website, software, Content, products or other goods or services, by you or
anyone using your User ID, email address, password or other identification.
You expressly acknowledge and agree that Leading Edge Music
is not responsible for and accepts no liability in relation to, any other users
of the Service or the Website, the providers of information, content, or ideas
to the Service or Website, or the suppliers of goods and services purchased from
the Service or Website. In particular, you acknowledge that we accept no
responsibility for material that is posted or transmitted via the Site by other
users. Leading Edge Music accepts no responsibility for such persons’ opinions
or behaviour, including any information or advice provided by them, any
statements made by them, or any conduct on their part.
You further acknowledge and agree that in no circumstances
will we be liable to you for any indirect, incidental, special or consequential
losses or damages or for any loss of profits, goodwill, data or opportunity
(whether such losses are direct or indirect) of whatever nature howsoever
arising.
We are not responsible or liable for any malicious code,
delays, inaccuracies, errors, or omissions arising out of your use of the
Website, Leading Edge Music or any Content.
You understand, acknowledge and agree that you are assuming
the entire risk as to the quality, accuracy, performance, timeliness, adequacy,
completeness, correctness, authenticity, security and validity of any and all
features and functions of Leading Edge Music, the Website and Content.
You acknowledge and agree that, if you have a dispute with us
or you are dissatisfied with any aspect of the Service or Website, then, subject
to the paragraph immediately below, terminating your use of the Service and
Website is your sole right and exclusive remedy and you acknowledge and agree
that we have no other obligation, liability or responsibility to you or any
other party.
Any liability of Leading Edge Music or Leading Edge Music
Entities (including any of their directors, officers, employees, consultants, or
shareholders) in connection with goods or services supplied to you will, subject
to any non-excludable liability for breach of conditions or warranties implied
by legislation and to the maximum extent permitted by law, at the election of
LEM be limited to:
• in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
• in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. For the avoidance of doubt, you acknowledge and agree that your use of the Service and Website does not include the supply of any telecommunications service by LEM, and any liability to re-supply the service or pay the cost of having the service supplied again, does not include the supply of, or payment for, any telecommunications service.
14 Indemnity
You agree to indemnify and hold Leading Edge Music and
Leading Edge Music Entities (including any of their directors, officers,
employees, consultants, or shareholders) harmless from any claim made by any
third party due to, or arising out of, your use of the Service, Content,
software or Website, the breach of the Agreement by you, or the infringement by
you, or other users of the Service or Website using your Account, of any
intellectual property or other right of any person or entity. In particular, you
agree to indemnify and hold Leading Edge Music and Leading Edge Music Entities
harmless from any claims made by any third party due to, or arising out of,
anything you upload, transmit or post to the website.
We reserve the right to assume, at our expense, the exclusive
defence and control of any such claim and all negotiations for the settlement of
any such claim, and you agree to fully cooperate with us in the defence of any
such claim, or settlement negotiations.
15 Third Party Content and Sites
Your Agreement with us does not cover your rights or responsibilities with
respect to third party content or web sites or any links that may direct your
browser or your connection to third party sites or pages.
You acknowledge and agree that holders of rights to Content provided to Leading
Edge Music are third-party beneficiaries under these Terms of Use and they have
the right to enforce the provisions that concern the protection of their
intellectual property rights and ownership interests directly against you.
URLs or hyperlinks may appear on Leading Edge Music or the Website. We do not
endorse or have any responsibility for any such third party or third party sites
you may visit or be directed to via a URL or hyperlink on Leading Edge Music or
the Website. In no event shall we assume or have any responsibility or liability
to you for any third party obtaining or collecting personal information from
you.
16 Security
As an Account Holder, you must maintain the confidentiality of your User ID and
you agree to immediately notify us if you become aware of, or believe there is
or may have been, any unauthorised use of your User ID. You are solely
responsible for any and all activity, behaviour, use or financial obligations
that arise and all expenses, damages, liabilities and losses we incur unless and
until we have had a reasonable opportunity to disable your User ID following you
notifying us that your User ID may have been compromised.
We have the right to disclose your personal information, including your Account
Holder Information to any authority, government official, credit reporting
agency or third parties for the purpose of administering the Website and Leading
Edge Music or in connection with any investigation, proceeding or claim arising
from any illegal action or infringement arising from your use of Leading Edge
Music or the Website.
17 Advertising
You may have contact with third parties such as our
advertisers, sponsors, or promotional partners as a result of your use of
Leading Edge Music or the Website ("Advertisers"). All such contact,
including the purchase of goods and services from Advertisers, is between you
and the Advertisers and we are not responsible or liable to you in any way in
connection with these activities or transactions.
18 Promotions and Marketing on Your Mobile
Leading Edge Music, Leading Edge Music Entities and our operational service
providers, suppliers and Advertisers may conduct competitions or other
promotions on or through the Website ("Promotions"). The rules of any
Promotion will be deemed to be incorporated into and form a part of the
Agreement.
Account Holders may register for Promotions, news, programming and information
delivered via your mobile phone. You must register to receive this information
on the Website or via your mobile phone, and by registering you are giving your
consent to receive such information. Standard messaging rates will apply for all
messages unless noted otherwise. We are not responsible for any mobile or email
charges incurred by you or any other person who has access to your mobile phone,
telephone number or email address. We may terminate any of the mobile marketing
services at any time without notice.
19 Pop-ups
Pop-ups may be used on the Website to provide you extended information or to
inform you about special offers, Promotions, suggestions and so on. If you want
to receive such information you will need to set your pop-up blocker (if you
have one) to accept pop-ups from our Website. While we will take care to prevent
unauthorised pop-ups, we will not be liable for any unauthorised pop-ups which
may appear as a result of your use of the Website.
20 Acknowledgement
You waive any rights to contest the validity or enforceability of the Agreement
or make any claim against us that is inconsistent with the Agreement.
21 Term
Your Agreement with Leading Edge Music remains in full force and effect for as
long as you use the Service.
22 Termination by You
You may terminate your registration, subject to the payment of all amounts
outstanding, by notifying us at
contact@leadingedgemusic.com.au and providing your User ID
information.
23 Suspension or Termination by Us
We may do either of the following, in whole or in part, at our sole discretion
and without prior notice to you:
• suspend, cancel and/or terminate your Account or status as an Account Holder; and
• suspend, cancel and/or terminate your User ID and/or your use of the Service or the Website.
If you breach (or we reasonably believe you have breached)
the Agreement, or if we determine (or have reason to believe) you are engaging
in conduct that breaches any law or regulation or infringes upon our rights or
the rights of any other person, we may deactivate, cancel, suspend or terminate
any aspect of your use of the Service or the Website without notice to you and
declare any and all fees that are outstanding to be payable immediately. We will
have no further obligation to you and you will not be entitled to a refund of
any fees you have previously paid.
Except as specifically provided for in the Agreement, upon
termination, suspension, deactivation or cancellation, you will not be entitled
to compensation, damages, or a refund of any monies previously paid, nor will
you be relieved of any obligation you agreed to or incurred. Any and all amounts
due or becoming due on the date of such termination, suspension, deactivation or
cancellation will be or become payable by you immediately.
You will continue to be bound by and required to comply with
your obligations under the Agreement in the event that your use of the Service
or Website is suspended or deactivated. You must also continue to comply with
any obligations under the Agreement that survive the termination of your use of
the Service or cancellation of the Service or Website.
24 Changes to the Agreement
We may change the terms and conditions of the Agreement from
time to time by notice on our Website or by email to you. These changes are
effective immediately and by using the Service or the Website you agree to be
bound by them. We may also modify, suspend or withdraw all or any part of the
Service or Website, temporarily or permanently, with or without notice to you,
and without any liability to you or any other party. If you believe a change to
the Service or Website has materially affected your experience, please contact
us at
contact@leadingedgemusic.com.au to discuss your concerns. We reserve
the right to charge for access to or use of the Service or Website (or any part
of these) in the future, or to require registration at our sole discretion.
25 GST
Unless stated to be otherwise, charges referred to for any goods or services
supplied (or offered for supply) via the Site are stated inclusive of GST. Where
GST applies to any supply made to you, we will deduct the applicable GST and
issue you with a Tax Invoice. GST means the Australian goods and services tax
charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax
invoice means tax invoice as defined by the Act.
26 Affirmation regarding age
By using the Site, you affirm that you are 18 years or over or otherwise possess
legal parental or guardian consent to such use.
27 Miscellaneous
If any term or condition of the Agreement is held to be illegal, invalid or
unenforceable, this will not affect any other provisions and if possible, that
term or condition will be deemed amended or construed in such a manner to the
extent necessary to render it legal, valid and enforceable.
Any provision of the Agreement which should survive in order to allow us to
enforce its meaning and intent shall survive, provided that no action arising
out of the Agreement or your use of Leading Edge Music, the software, the
Website or any Content, may be brought by you more than one year after the cause
of action has arisen (or if multiple causes, from the date the first such cause
arose).
No waiver, delay or failure by us to take any action shall constitute or be
construed as a waiver of that or any other term, condition, option, privilege or
right we may have.
You may not transfer or assign the Agreement to anyone else and any attempt by
you to do so will be null and void.
The Agreement is the complete, exclusive and entire statement of the terms and
conditions, rights and obligations, agreements, understandings and undertakings
between you and LEM regarding its subject matter and supersedes any and all
prior or inconsistent understandings, discussions, Leading Edge Music, written,
oral or otherwise.
28 Governing Law
The Agreement is governed by the laws of New South Wales, Australia and you
irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts of New South Wales, Australia and any courts which may hear appeals from
those courts.
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