1. Introduction

By placing orders on this website, you agree to be bound by these Terms and Conditions of sale.  All orders placed on this website must be done in good faith and are considered a promise to buy.  All information you supply during the ordering process must be true and correct.

We reserve the right to amend these Terms and Conditions from time to time.  If we do so, the amended new Terms and Conditions will be posted on this site and will take effect seven (7) days after the changes have been posted on the site unless another time period is indicated.  Continued use by you of our website following any amendments to the terms and conditions will constitute your acceptance of the new terms and conditions.

Please note that additional conditions governing our products and the services we provide to you and your relationship with us are contained in other pages on our website and unless those conditions conflict with these Terms and Conditions, they will be incorporated into and will form part of these Terms and Conditions.  In the event that there is any conflict between these Terms and Conditions or any other conditions contained in other pages on our website, then those Terms and Conditions which most favour us shall prevail.

 

2. Disclaimer and Indemnity

All care is taken in the preparation of the information and published materials on this site.  We do not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.  To the extent permissible by law, we will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which may be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hyper-text links, frames or other references to other parties and their websites.  We cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites.  We do not necessarily approve of, endorse, or sponsor any content or material on such sites.  We make no warranties or representations that material on other websites to which the website is linked does not infringe the intellectual property rights of any person anywhere in the world.

We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing or allowing links to this website to such material on other sites.

If you have any concerns regarding the content of this website, please contact us.

You waive, release, discharge and relinquish any and all claims, demands, costs or expenses that you now have or may have against us, our affiliates, subsidiaries, contractors, parents, shareholders, directors, officers, employees, agents and representatives which are connected with or arise out of or relate to or incidental to the use of our website and the products and services we provide.

You agree to indemnity and defend us, our affiliates, subsidiaries, contractors, parents, shareholders, directors, officers, employees, agents and representatives, (indemnified parties), harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the indemnified parties arising out of or in connection with the performance of their obligations as described in these Terms and Conditions including legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent use or omission on a full indemnity basis.

You further agree to indemnify and hold us and the indemnified parties harmless from any claim or demand, including legal fees (on a full indemnity basis), made by any third party due to or arising out of a breach of these Terms and Conditions by you or the infringement by you, or other user of our website using your username and password, of any intellectual property or other right of any person or entity.

 

3. Use of Website

These Terms and Conditions shall govern your use of our website and the products and services we provide regardless of your purpose in accessing our website.

By using our website, you accept these Terms and Conditions in full.  Accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.

Our website uses cookies.  By using our website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

In these Terms and Conditions:

  1. ‘We’, ‘us’ and ‘our’ refers to Mind the Beats; and
  2. The products and services that we provide are detailed on this site.

 

4. Copyright and Intellectual Property

This website, the content and all of the related products of us are subject to copyright.  The material on this website is protected by copyright under the laws of Australia and through international treaties.  Unless otherwise indicated, all rights (including copyright) and the content and compilation of this website (including but not limited to texts, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) all the content are owned or controlled for these purposes, and are reserved by us for our contributors.

All trademarks, service marks and trade names, are owned, registered and/or licenced by us.

We grant to you a non-exclusive, revocable licence to:

  1. Use the website pursuant to the Terms and Conditions;
  2. Copy and store the website and the material contained in this website in your device’s cache memory; and
  3. Print pages from the website for your own personal and non-commercial use.

We do not grant you any other rights whatsoever in relation to the website or the content.  All other rights are expressly reserved by us.

You may only use our website for the purpose of purchasing our products and services and you may not use our website for any other purpose.

Except as expressly detailed as being permitted by these Terms and Conditions, you must not edit or otherwise modify our website.

You may not:

  1. Republish any content from our website (including re-publication on another website);
  2. Sell, rent or sub-licence any content from our website; and
  3. Exploit any content from our website for a commercial purpose.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.  You must not circumvent or by-pass, or attempt to circumvent or by-pass, any access restriction measures on our website.

 

5. Acceptable Use

You must not:

  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any content which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website using any robot, spider or other automated means;
  6. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must indemnify us and keep us indemnified at all times in respect of any loss, cost, claim or demand relating to all of those matters detailed in a. to f. inclusive.

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6. Binding Contract

When you place an order with us, you are making an offer to buy our products and services.  We will send an email to confirm that we have received your order.  Once we have checked the price and availability of the products, we will email you again to confirm that we accept your order, which indicates that a Contract has been made between us.  We will not take payment from you until we have accepted your order.  In the unlikely event that the products are no longer available, or that we have made a pricing mistake, we will advise you of the same.  We reserve the right to refuse or cancel any orders that we believe, solely in our own discretion, to be placed for commercial purposes (eg. Any kind of re-seller).  We also reserve the right to refuse or cancel any orders that we believe, solely in our own discretion, have been placed fraudulently.

 

7. Payment Options

We currently accept the following credit cards and methods of payment:

  • Mastercard.
  • Visa Card.
  • Paypal.

 

8. Pricing Policy

All transactions are processed in Australian Dollars (AUD).  All prices quoted on this website are correct and current as at the date of posting.  However, we reserve the right to alter our prices at any time for any reason.  If this should happen after you have ordered a product, we will contact you prior to processing your order.

All prices are inclusive of GST and relevant taxes but do not include shipping/delivery costs.

If there is a discrepancy between the price of a product shown on the product page and the shopping cart price, the shopping cart price that is relevant at the time of order will take precedence and will be the price payable in respect of that order.

 

9. Delivery Charges and Shipping Costs

Delivery charges and shipping costs are calculated and added as you proceed through the checkout process on our website.  They are instantly calculated at your request prior to you confirming your order.

Delivery charges and shipping costs are calculated based on the product size, weight, handling and delivery postcode and method of delivery.  Overseas orders will attract extra delivery charges and shipping costs.

 

10. Delivery Destinations

Deliveries will only be made to a physical street address and a signature is required for all deliveries.  If products are lost or damaged in transit, please contact us within seven (7) days.  We will use this information to make a claim against the carrier.  We will offer you the choice of a replacement or a full refund, once we have received confirmation from our carrier that delivery was not successful.

 

11. Delivery Period

We endeavour to ensure that orders for delivery to addresses within Australia arrive within two (2) to fourteen (14) business days of the order being placed and dispatched.  We endeavour to ensure that orders for delivery to addresses outside of Australia arrive within thirty (30) business days of the orders being placed and dispatched.

To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your product.  Should you require to be able to track your delivery, please notify us and we will use our best endeavours to provide you with relevant tracking details.  Please provide us with your order number in order to do so.

In the event that a product is not immediately available, we will notify you within two (2) business days to indicate the likely time-frame for delivery.  If the revised time-frame is not acceptable to you, we will issue you with a full refund of the purchase price.

 

12. Governing Law

These Terms and Conditions and all matters relating to our website are governed and will be construed according to the laws of the State of Victoria and are subject to the jurisdiction of the Courts of the State of Victoria and, or otherwise appropriate, the Commonwealth of Australia.

 

13. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.

You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

 

14. Severability

If a provision of these Terms and Conditions is determined by any Court or other competent authority to be unlawful and/or unenforceable the other conditions shall continue in effect.

If any unlawful and/or unenforceable provisions of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part would be deemed to be deleted, and the rest of the provision will come into effect.

 

15. Entire Agreement

These Terms and Conditions together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our website and our products and services, and shall supersede all previous agreements between you and us.