Terms and Conditions | Great Music Lives Forever | Online Store Shipping, Information Security and T&C'
TERMS & CONDITIONS
ONLINE TERMS AND CONDITIONS
1. Your Acceptance of Terms and Conditions
The ambitionentertainment.com network of websites (including ambitionentertainment.com and the related websites which contain a direct link through to these terms and conditions)("AMBITION ENTERTAINMENT Sites") is owned and operated by AMBITION ENTERTAINMENT PTY LTD ("AMBITION ENTERTAINMENT"). Your access to the AMBITION ENTERTAINMENT Sites is conditional upon your acceptance of, agreement to and compliance with the terms, conditions, notices and disclaimers, including the AMBITION ENTERTAINMENT Online Privacy Policy, contained here and elsewhere on the AMBITION ENTERTAINMENT Sites (together, the "Terms and Conditions"). Your use of and access to the AMBITION ENTERTAINMENT Sites constitute your agreement to the Terms and Conditions. AMBITION ENTERTAINMENT reserves the right to amend, update or change the Terms and Conditions at any time without prior notice and you should periodically refer to them.
2. Intellectual Property in Content on AMBITION ENTERTAINMENT Sites
The content of the AMBITION ENTERTAINMENT Sites (including copyright works, text, material, software, images, graphics, advertisements, databases, sound recordings, cinematograph films, animation, downloads, e-cards, streaming audio and streaming video) (together, "Content") is copyright © AMBITION ENTERTAINMENT PTY LTD and/or its licensors. All Rights Reserved. You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the Content in any way except as expressly permitted on the AMBITION ENTERTAINMENT Sites. Provided that you keep all Content intact and in the same form as made available by AMBITION ENTERTAINMENT on the AMBITION ENTERTAINMENT Sites, you may, using an industry-standard web browser, temporarily download and view the Content for your personal, non-commercial use but only in the course of browsing the AMBITION ENTERTAINMENT Sites. Otherwise no part of the content of this site may be reproduced in any form without the written consent of AMBITION ENTERTAINMENT. All rights not expressly granted are reserved by AMBITION ENTERTAINMENT. The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that AMBITION ENTERTAINMENT does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provisions which may not be excluded by law, AMBITION ENTERTAINMENT will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trade mark infringement or defamation.
3. User Licence and Consent
By submitting, posting or placing any information or other material on the AMBITION ENTERTAINMENT Sites (together, "Material") or accessing the AMBITION ENTERTAINMENT Sites, you grant to AMBITION ENTERTAINMENT a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Material:
- use, copy, reproduce, adapt, communicate, transmit, broadcast make available, publish, print, publicly perform or display; and
- sublicense to any person the unrestricted right to exercise any of these rights.
You warrant that the Material and its use does not infringe any copyright, trade mark, patent, design, privacy, confidentiality or any right of any party or any law. You indemnify AMBITION ENTERTAINMENT and any of its assignees or licensees from any claim, liability, loss or damage arising in respect of your breach or alleged breach of this warranty. You will procure that any author of Material, unconditionally and irrevocably, to the fullest extent permitted by law (i) waives in favour of AMBITION ENTERTAINMENT and its licensees and their assigns all of the author's moral rights; and (ii) consents to any and all acts or omissions of AMBITION ENTERTAINMENT and its Licensees and their assigns which would, but for this consent, infringe any of the author's moral rights, in relation to all forms of works and other copyright subject matter (both existing and future) howsoever arising anywhere in the world in connection with the Material and its use. Where the law requires AMBITION ENTERTAINMENT and its Licensees and their assigns to specify acts or omissions (or specified classes or types of acts or omissions) to which the author consents, you will procure the author's consent to the following with respect to the Material: (a) alteration of size, colour and shape; (b) editing and adaptation, including use with other materials and the overlay or superimposition of other materials; (c) digitisation, including communication to the public; and (d) non-attribution of the author. If AMBITION ENTERTAINMENT requests, you shall execute and deliver to AMBITION ENTERTAINMENT any instruments or documents which AMBITION ENTERTAINMENT believes are required to carry out any licence, waiver or consent. Any personal information collected on the AMBITION ENTERTAINMENT Sites will be handled in accordance with the AMBITION ENTERTAINMENT Online Privacy Policy.
4. Linking to AMBITION ENTERTAINMENT Sites
You must not link to any AMBITION ENTERTAINMENT Site without first obtaining the prior written consent of AMBITION ENTERTAINMENT and such consent must be signed by AMBITION ENTERTAINMENT's General Manager of Business Affairs to be valid.
5. Third Party Websites
AMBITION ENTERTAINMENT Sites may contain links or references to Internet websites operated by third parties ("Third Party Sites"). AMBITION ENTERTAINMENT provides these links as a courtesy and this should not be interpreted in any way as an endorsement of any Third Party Site. Third Party Sites are not under the control of AMBITION ENTERTAINMENT and AMBITION ENTERTAINMENT is not responsible for the content of any Third Party Site. AMBITION ENTERTAINMENT makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites.
6. Termination
These Terms and Conditions are effective until terminated by AMBITION ENTERTAINMENT and AMBITION ENTERTAINMENT may terminate this agreement and/or your access or membership to the AMBITION ENTERTAINMENT Sites at any time without prior notice to you. In the event that AMBITION ENTERTAINMENT terminates your access to the AMBITION ENTERTAINMENT Sites, you are no longer authorised to access the AMBITION ENTERTAINMENT Sites, however, all restrictions imposed on you, licences granted by you and all AMBITION ENTERTAINMENT's disclaimers and limitations of liability contained in the Terms and Conditions will survive termination.
7. Disclaimer and Limitation of Liability
AMBITION ENTERTAINMENT does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, AMBITION ENTERTAINMENT does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the AMBITION ENTERTAINMENT Sites arising under custom, law or statute which may be excluded. To the fullest extent permitted by law,
- AMBITION ENTERTAINMENT makes no warranties, either express or implied, regarding the AMBITION ENTERTAINMENT Sites, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. - AMBITION ENTERTAINMENT does not warrant that your access to the AMBITION ENTERTAINMENT Sites, the delivery of the AMBITION ENTERTAINMENT Sites or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
- AMBITION ENTERTAINMENT will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access, any AMBITION ENTERTAINMENT Site or any Content, or any product or service, even if AMBITION ENTERTAINMENT has been advised of the possibility of such damages or losses.
- AMBITION ENTERTAINMENT's liability in respect of any product or service purchased from a AMBITION ENTERTAINMENT Site is limited to the less of (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to AMBITION ENTERTAINMENT for that product or service.
- AMBITION ENTERTAINMENT is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a AMBITION ENTERTAINMENT Site or a Third Party Site.
8. Indemnity
You indemnify AMBITION ENTERTAINMENT, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any other legal obligation.
9. Waiver
AMBITION ENTERTAINMENT's failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
10. Severability
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
11. Rights and Remedies Cumulative
AMBITION ENTERTAINMENT's remedies and rights are cumulative and none of them limits any other remedy or right of AMBITION ENTERTAINMENT. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.
12. Assignment
AMBITION ENTERTAINMENT may assign its rights in whole or in part to any person in AMBITION ENTERTAINMENT's absolute discretion.
13. Governing Law
These Terms and Conditions will be governed and interpreted in accordance with laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
14. Application to Wireless Access
For the avoidance of doubt, these Terms and Conditions equally apply to the use of AMBITION ENTERTAINMENT Sites (including access to Content and the purchase of AMBITION ENTERTAINMENT goods and/or services) by wireless means, including mobile telephone and other devices in use now or in the future.
15. Terms and Conditions of Sale
These terms and conditions apply, along with the rest of the Terms and Conditions stated above, when you purchase goods and/or services from AMBITION ENTERTAINMENT through an AMBITION ENTERTAINMENT Site.
Shipping
When should I expect to receive my shipment?
Delivery in Australia averages 10 business days from receipt of order, but please allow up to 15 business days. International delivery can vary from country to country depending on customs clearance for your respective country.
How much will it cost?
Shipping costs for orders from a AMBITION ENTERTAINMENT Site depend upon the weight of the items you select. The shipping cost will be displayed on the review order screen, after you enter your shipping address and before you submit your order
Do I get a receipt?
When you submit your order for purchase, we will confirm your order with an order receipt screen. This screen includes a receipt number which you should retain should you need to contact us concerning your order. If you would like additional information about your order, please contact our Customer Service department.
Security
How secure is my information?
AMBITION ENTERTAINMENT is aware of the concerns that you may have with the security of using your credit cards to purchase products over the Internet. To protect your data and privacy, we automatically encrypt your personal information and credit card data using Secure Sockets Layer ("SSL") software. SSL is the industry standard and among the best software available today for secure online commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet.
How will I know its safe?
You will know when transmitted data is safe by the appearance of a security notice when you enter a secure page. Also, a secure icon will appear on your browser. For Microsoft Internet Explorer, this is a lock icon. Secure web pages can also be identified by their URL: they begin with 'https://', while standard pages begin with 'http://'.
GST
Is GST included?
Yes. Unless expressly stated otherwise, all prices displayed on a AMBITION ENTERTAINMENT Site include Goods and Services Tax (GST).
Payment
Payment will be considered received once the amount paid by you is received by AMBITION ENTERTAINMENT in immediately available funds. AMBITION ENTERTAINMENT reserves the right to cancel any order or delivery until payment is received.
Risk and Damage
All items purchased from a AMBITION ENTERTAINMENT Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier and AMBITION ENTERTAINMENT accepts no responsibility for any loss or damage of goods occurring in transit.
Changes In Terms
Product prices, shipping/delivery costs, types of shipping methods, and other terms and conditions of sale, are subject to change without prior notice. Publishing information about a product and/or service on a AMBITION ENTERTAINMENT Site does not ensure its availability.