a. Background: This document sets out the terms that govern:
the use of the website;
the submitting of applications to use or perform any work; and
the submitting of applications to hire or purchase any play script or sheet music.
b. Included terms: This document represents the entire understanding between the Parties, and except for –
those terms implied by law and which cannot be excluded (including, e.g. that goods and services must be of acceptable quality);
any other terms specifically incorporated into this document by reference; and
any other written agreement between us which specifically modifies this Agreement –
no other terms apply. Further, if you apply for a licence to use any work, your application and (if your application is successful, your contract) will be subject to additional terms and conditions which will be provided to you.
c. Changes: We have the right to update these Terms from time to time by posting a new version on the website. This is version 1.0.0 of this document, and it is dated 4 November 2011. Please check this web page periodically in order to ensure that you are familiar with any changes.
d. Consent: You signify your consent to these Terms as they apply from time to time by doing any one or more of the following acts:
- browsing or continuing to browse the website;
- applying for the right to use a particular work; or
- applying to hire or purchase any play script or sheet music.
If you do not wish to be bound by these Terms, you have the right to choose not to do any of the above acts.
e. Understanding this document: Words and phrases appearing in italics are defined in Clause 12 at the end of this document, and the rules for interpreting these Terms appear in Clause 13.
f. Questions: If you have any questions about these Terms, please contact us using the following information:
Phone: +61 3 9585 3300 (between 9 am and 5 pm AEST Monday to Friday, excluding public holidays).
Fax: +61 3 9585 8729.
Mail: Hal Leonard Australia Pty Ltd
4 Lentara Court
CHELTENHAM, VIC, 3192
2. Purpose and nature of Content
No offer: The displaying of information about particular works on the website does not amount to an offer to license those works to you.
No guarantee of currency: We attempt to ensure that our Content is accurate and current as at the date of initial publication, but we do not guarantee its continued currency or accuracy.
General information: The information on the website is for general information only, and should be checked by contacting us before being relied upon. Please contact us to discuss your particular needs before applying for a licence to use particular works.
3. Applying for the right to use or perform any work
Accuracy of information: You represent and warrant to us that all information that you provide in support of your application is complete, accurate and correct. We reserve our right to recover any loss or damage we suffer as a result of our reliance on information that that is incomplete, inaccurate or incorrect.
No obligation to accept: We do not represent, warrant or guarantee that we will accept your application, and have complete discretion to reject your application, or to accept your application on such conditions as we think fit.
No discussions: We are not required, and will not, enter into any discussions concerning the grounds upon which your application has been approved or rejected.
4. No guarantees or warranty etc
We give no guarantee or warranty that:
- you will be able to access the website at all times;
- your access will be uninterrupted or secure; or
- neither the website nor the server which hosts the website is free of viruses or bugs.
We exclude, to the maximum extent permitted by law, any liability (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits) which may arise as a result of the use of the website and the Content, or relating in any way to the processing or failure to process your application.
Where liability cannot be excluded, any liability incurred by us in relation to the use of the website or the Content is limited to the re-supply of the services or Content, or the reasonable cost of having the services or Content re-supplied.
6. Intellectual Property
All Content is subject to copyright. Where copyright for materials on the website is not owned by us, it has been included on the website under a licence from the owner or lawful licensee.
The website also displays trade marks owned by us and third parties (with the permission of the relevant third party owners).
You have the right to view the Content in your browser, or to print the Content for personal reference. You must not use, copy or reproduce any Content (including graphics) in any way for any other purpose without our express written permission.
8. Unauthorised use
You must only use the website for legitimate personal or commercial purposes. In particular, you must not:
- interrupt, or attempt to interrupt, the operation of the website in any way;
- alter or attempt to alter any Content;
- attempt to gain access to any password protected user account on the website which is not intended for use by you;
- gain access, or attempt to gain access, to any private data, personal information or software code stored on the servers used by the website.
9. Security and enforcement measures
We reserve the right to:
- limit or deny your access to the website if, in our opinion, you breach these Terms; and
- collect and store your IP address for the purpose of enforcing these Terms.
Any unauthorised interruption or alteration is likely to result in criminal prosecution or civil action or both criminal prosecution and civil action.
10. Links from the website
The website contains links to other websites over which we have no control. We make no representations about the accuracy of information contained on those websites. We are not liable for the content on those websites, and if you choose to access those websites, you do so at your own risk.
11. Governing law
These Terms are governed by the laws of the State of Victoria, and you submit to the jurisdiction of the courts in that State.
In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:
"Content" means all text, graphics, images, video, sound and other data displayed on, or made available from, the website;
"Website" means the web site located at the domain “halleonard.com.au” and on all sub-domains, folders and sub-folders on that domain; and
"Work" means any classical or theatrical work, including any musical, play, ballet, opera or other work which we have the right to grant the license to use or perform in public.
In this document, unless the context clearly requires otherwise:
- The terms “we”, “us” and “our” are references to Hal Leonard Australia Pty Ltd (ABN 13 085 333 713), our successors and assignees.
- Words defined in the singular have the corresponding meaning in the plural.
- Reference to a “person” includes a reference to a corporation, association or other entity.