AUSTRALIAN MUSIC EXAMINATIONS BOARD – WWW.AMEB.EDU.AU
TERMS AND CONDITIONS
The Australian Music Examinations Board [www.ameb.edu.au] web site (Web Site) is owned and operated by Australian Music Examinations Board Limited ACN 102 374 587 (AMEB). The terms and conditions set out below constitute a binding agreement between the person accessing, using or viewing the Web Site (You or Your) and AMEB.
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 ARE DEEMED TO ACCEPT the Terms. If You do not accept the Terms, You must stop using THE WEB site immediately. AMEB reserves the right to change the Terms at any time, and any continued access or use of the Website after such change constitutes acceptance of these changes by You.
- AMEB ONLINE REGISTRATION
(a) You acknowledge that:
(i) online examinations conducted through the Web Site (AMEB Online Examinations) are conducted and administered by AMEB on behalf of the local Australian Music Examinations Board organisations based in the various Australian States and Territories (AMEB State Office), including the collection of all fees and charges set by the relevant AMEB State Office; and
(ii) courses conducted through the Web Site (AMEB Courses) are conducted and administered directly by AMEB.
(b) Any registration information You provide to an AMEB State Office for the purpose of an AMEB Online Examination will be retained by AMEB as well as the AMEB State Office.
(c)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.
(d) By providing Your Registration Information You undertake to sit for the AMEB Online Examination under full supervision and to complete the AMEB Online Examination independently, in accordance with the separate terms (Online Examination Policy) that apply to AMEB Online Examinations.
(e) 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 for, participation in, or results from, the AMEB Online Examination or AMEB Courses. 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 (eg, Your location) are changed on more than one occasion. AMEB may take such actions on behalf of the relevant AMEB State Office for an AMEB Online Examination.
- DISCLAIMER AND LIABILITY LIMIT
Except where expressly stated, AMEB makes no representations about the content or suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without any express or implied warranty or guarantee of any kind. To the extent permitted by law, we specifically disclaim any warranty or guarantee of title, merchantability, fitness for a particular purpose and non-infringement.
We do not attempt or purport to exclude any liability arising under statute if, and to the extent, that liability cannot be lawfully excluded. Other than guarantees or terms imposed by relevant legislation including the Competition and Consumer Act 2010 (Cth) the exclusion or limitation of which would contravene that statute or cause part or all of this clause to be void (Non-excludable Condition), we exclude all terms, conditions, warranties and guarantees 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, to the extent permitted by law AMEB limits its liability to You for that breach, to supplying the relevant services again or paying the cost of re-supplying those services.Other than liability for any Non-excludable Condition, we exclude all liability whatsoever including for damages and for any special, indirect or consequential loss or damage (including where resulting from loss of use, data or profits), whether in an action in contract, negligence or other tort, under 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.
Neither we nor any of our employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free. We will not be liable for any interference or damage you may suffer in connection with your use of the Web Site, including any damage caused by computer viruses, malicious computer code or any other form of interference.
To the extent permitted by law, we 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 your use of the Web Site, an AMEB Online Examination, AMEB Courses, and any related transaction, and you release us from any such liability.
We 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 with 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 (acting reasonably and having regard to the circumstances) issue You with a warning and/or restrict Your activities if You breach these Terms.
AMEB accepts no responsibility for Your actions or omissions, and You agree 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 Your actions or omissions, and from and against any resulting 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 (eg, through feedback, Q&A or forums).
Any of our rights described in the Terms are held by AMEB in its own capacity and (where applicable) on trust for the AMEB State Offices.
- INTELLECTUAL PROPERTY RIGHTS
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 trade mark laws, and all rights are reserved. Except where expressly stated all Material 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. You agree that:
(a)except as noted above, You may access, use, retrieve, review or download the Material for Your personal information and use only;
(b)You may save a local copy of or print Material from the Web Site for Your own personal information and use, 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 is expressly prohibited;
(c)any copyright notice or mark appearing on any Material must be included on any copy You make;
(d)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;
(e)You must not reproduce, republish or otherwise make available any Material on the internet or by any other means including by publicly accessible media (eg, newspaper, television or radio) without the specific written consent of AMEB; and
(f)You must not use the Web Site or any of the Material 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.
These Terms replace entirely any implied licence terms that might otherwise apply to the Material. AMEB explicitly prohibits use of the Material in any manner other than as expressly licensed in these Terms. Activities You must not engage in include:
(a)making a copy, modification, adaptation or reselling or redistributing any Material;
(b)any commercial use of Material, unless such use is authorised in writing by AMEB;
(c)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;
(d) any use of or access to the Web Site by any automatic tool, including “spiders”, “crawlers”, “robots” or offline browsing tools; or
(e) any access or use of the Web Site by any means that is contrary to the commercial interests of AMEB (eg, to facilitate a means of encouraging users of the Web Site to use another website offering services similar to those on the Web Site).
- TRADE MARK
The “AMEB” and “Australian Music Examinations Board” trade marks are registered trade marks owned by AMEB. No trade mark owned by AMEB may be used without the prior specific and written permission of AMEB or as otherwise permitted by law.
The Web Site may contain hyperlinks to internet web sites operated by third parties (eg, associates and affiliates of AMEB such as AMEB State Offices). 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 connects to a third-party web site is used entirely at Your own risk. AMEB does not endorse or in any way adopt representations made by advertisers on or proprietors of a third-party 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.
- DEALINGS WITH THIRD PARTIES
Any dealings between You and third parties (including an AMEB State Office) through this Web Site, and any terms, conditions, warranties or representations involving such third parties, 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.
Notices to You may be made by various means, including by email, regular mail or by displaying notices or links to notices on the Web Site.
- GOVERNING LAW
The Terms constitute the entire agreement between You and AMEB and will be governed by the Laws of Victoria, Australia. If any part 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: 16 January 2018
Copyright © 2018 Australian Music Examinations Board Limited. All rights reserved