TERMS AND CONDITIONS
The Australian Music Examinations Board [www.amebexams.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.
1.1 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 EXAMINATION REGISTRATION
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 and the AMEB State Office 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 and the AMEB State Office 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 or the AMEB State Office 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:
3.3 Other than liability for any Non-excludable Condition, AMEB and the AMEB State Office 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 and the AMEB State Office nor any of their employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
4.1 To the extent permitted by law AMEB and the AMEB State Office 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 and the AMEB State Office 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.
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.
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 and the AMEB State Office 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 and/or the AMEB State Office 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 and/or the AMEB State Office, 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:
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:
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.
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.
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.
The information contained on this Web Site is subject to change without notice.
This page last updated: 1 November 2009
Copyright @ 2009 Australian Music Examinations Board Limited. All rights reserved