AUSTRALIAN MUSIC EXAMINATIONS BOARD - WWW.AMEBTHEORY.EDU.AU

TERMS AND CONDITIONS

The Australian Music Examinations Board [www.amebtheory.edu.au] web site (Web Site) is owned and operated by Australian Music Examinations Board Limited ACN 102 374 587 (AMEB). These terms and conditions set out below constitute a legally binding agreement between the person accessing, using or viewing the Web Site (You or Your) and AMEB.

1. TERMS

1.1 Your access to and use of the Web Site is conditional upon Your acceptance of and compliance with all terms, conditions, notices, polices and disclaimers contained in these terms and conditions and anywhere else in the Web Site (Terms). BY ACCESSING AND/OR USING THE WEB SITE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST STOP USING THIS SITE IMMEDIATELY. AMEB reserves the right to change the Terms at any time, and any continued access/use of the Website after such change constitutes acceptance of these changes by You.

1.2 AMEB may amend or modify these Terms from time to time.

2. AMEB ONLINE COURSE REGISTRATION

  1. You acknowledge that the AMEB Online Course is conducted and administered by AMEB.
  2. Any registration information you provide to AMEB) for the purpose of accessing the AMEB online course (AMEB Online Course) will be retained by AMEB.
  3. You agree to provide true and accurate information as prompted by the registration form (Registration Information). When You register, You must provide Your real name and location and any other such details as requested on the registration form.
  4. If You provide any information that is untrue, inaccurate or inappropriate or if AMEB has reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate, AMEB may temporarily suspend, indefinitely suspend or terminate Your registration. AMEB accepts that You may make a mistake when registering information about You, and that You will need to correct such mistakes. However, AMEB may temporarily or indefinitely suspend or terminate Your registration if certain details about You (e.g., Your location) are changed on more than one occasion.

3. DISCLAIMER AND LIABILTY LIMIT

3.1 Except where expressly stated, AMEB makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without express or implied warranty of any kind. To the extent permitted by law, AMEB specifically disclaim any implied warranty of title, merchantability, fitness for a particular purpose and non-infringement.

3.2 Other than warranties and conditions implied by relevant legislation including the Trade Practices Act 1974 (Cth), the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void (Non-excludable Condition), AMEB exclude all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site. In the event AMEB is liable to You arising from a breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974), AMEB limits its liability to You for that breach, to the lesser of:

  1. The amount of fees paid to AMEB in the 12 months prior to the action giving rise to the liability; or
  2. $69.95

3.3 Other than liability for any Non-excludable Condition, AMEB exclude all liability for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.

3.4 Neither AMEB nor any of their employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.

4. RELEASE

4.1 To the extent permitted by law AMEB specifically disclaim all liability for any loss or damage whether actual, special, direct, indirect or consequential of every kind and nature arising out of or in any way connected with the transaction.

4.2 AMEB reserve the right to plead these Terms as a bar to any claim, action, proceeding or suit brought by You against AMEB or the AMEB State Office for any matter arising out of or in connection to any transaction or dealing or otherwise in respect of these Terms.

5. BREACH

Without limiting other remedies available to AMEB at law, equity or under these Terms, AMEB reserves the right without notice to You and in its sole discretion to, being exercised reasonably and having regard to the circumstances, issue You with a warning, restrict Your activities if You breach these Terms.

6. INDEMNITY

AMEB accepts no responsibility for Your actions or omissions, and You agree by accessing and/or using the Web Site, to indemnify and hold harmless AMEB their related bodies corporate and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against AMEB by any person arising from or in consequence of such an actions or omissions, and from and against any direct or indirect damage, loss, cost or expense suffered or incurred by AMEB, including in relation to any content or material You contribute to the Web Site (e.g. through feedback, Q&A or forums).

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All content and functionality, including all information, text, images, graphics, sound, stories, competitions, software and advertisements contained in the Web Site (Material) are protected by International and Australian law, including Copyright and Trademark law, and all rights are reserved. Except where expressly stated all Material on the Web Site is presented for Your information only, and You are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Web Site. When You access the Web Site, You agree that You do so, on the following conditions:

  1. Except as noted above, You may access, use, retrieve, review or download the Material for Your personal information only.
  2. You may save a local copy of or print Material from the Web Site for Your own personal information, and to inform others about it, but You may not charge any fee for any use and all commercial use or exploitation of any Material on the Web Site is expressly prohibited.
  3. Any copyright notice or mark appearing on any Material on the Web Site must be included on any copy You make.
  4. You must keep all Material intact and in the same form as presented on the Web Site; You may not modify it without the express permission of AMEB.
  5. You must not reproduce, republish or otherwise make available any Material from the Web Site on the internet or any means including by other publicly accessible media (eg, newspaper, television or radio) without the specific written consent of AMEB.
  6. You must not use the Web Site or any of the Material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of AMEB or any other owner of any rights in the Material contained in the Web Site.

7.2 These Terms replace entirely any implied licence terms that might otherwise apply to the Material on this Web Site. AMEB explicitly prohibits use of the Material on this Web Site in any manner other than as expressly licensed in these Terms. Activities You must not engage in include:

  1. making a copy, modification, adaptation or reselling or redistributing any Material on this Web Site;
  2. any commercial use of Material on this Web Site, unless such use is authorised in writing by AMEB;
  3. any form of representation, including linking or framing, that could mislead or deceive a person into believing that the Material is from a source other than the Web Site;
  4. any use of or access to the Web Site by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or
  5. any access or use of the Web Site by any means that is contrary to the commercial interests of AMEB (e.g., to facilitate a means of encouraging users of the Web Site to use another website offering services similar to those on the Web Site).


  6. 8. TRADEMARK

    The "AMEB" and "Australian Music Examinations Board" trademarks are registered trademarks of Australian Music Examination Board Limited and may not be used without the prior specific and written permission of AMEB. No other trademark appearing in the Web Site may be used without the prior specific and written permission of AMEB.

    9. HOTLINKS
    The Web Site may contain hyperlinks to internet web sites operated by third parties (e.g. associates and affiliates of AMEB such as a AMEB State Office). AMEB is not responsible for the contents of any linked web site or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by AMEB. Any link within the Web Site, which takes You to a third-party web site is clicked on entirely at Your own risk. AMEB does not endorse or in any way adopt representations made by advertisers on or proprietors of the web site or any linked web site, nor are any offers made by such advertisers on or proprietors of the web site also made by AMEB.

    10. DEALINGS WITH THIRD PARTIES

    Any dealings between You and third parties through this Web Site, including an AMEB State Office and their terms, conditions, warranties or representations, are solely between You and such third parties and You agree that AMEB is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on this Web Site.

    11. NOTICES

    Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Web Site.

    12. GOVERNING LAW

    The Terms constitute the entire agreement between You and AMEB and will be governed by the Laws of Victoria, Australia. If any provisions of the Terms are found to be invalid or unenforceable by a court of law, it will be severed and will not affect the remainder of the Terms, which will continue in full force and effect. All rights not expressly granted are reserved.

    13. PRIVACY POLICY

    Personally identifiable information may be gathered from Web Site registration, contest registration, content submissions, community postings, suggestions, voting activities and transactional areas. Such information is subject to AMEB's Privacy Policy. For more information, please see our full Privacy Policy using the Privacy Policy link on this page. In general, Your information will not be sold or otherwise transferred to third parties not associated or affiliated with AMEB without Your approval being obtained. For the avoidance of any doubt, the AMEB will share and disclose your personal information to other AMEB State Offices as reasonably required .By providing information in such a manner You agree that it may be used for the purposes for which it is sought (for example, for the delivery of e-mail services or e-commerce transactions). You consent to AMEB forwarding personally identifiable information that is gathered to research agencies for the purposes of conducting surveys on AMEB's behalf.

    The information contained on this Web Site is subject to change without notice.

    This page last updated: 1 January 2012

    Copyright © 2012 Australian Music Examinations Board Limited. All rights reserved

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