Terms and conditions

This page contains the agreement for your use of this site and for sales made to you through this site. Your use of this site constitutes your acceptance of this agreement. This agreement is made between you and Drum Effect of PO Box 2108, Kambah ACT  2902 Australia(“Drum Effect”). This agreement was last updated on 11 November 2008.

1.Terms of use of this site

1.1 Your obligations

You promise that you will use this site in a responsible manner, and that you will not:

(a) use this site for an unlawful purpose;

(b) interrupt or attempt to interrupt this site in any way, including submitting content containing viruses; or

(c) compromise the security of any password or other identifier required to facilitate your access to this site.

If you do not comply with the terms of this agreement, Drum Effect may terminate your use where possible and, if necessary, take legal action.

1.2 Privacy

Please review Drum Effect’s Privacy Policy, which also applies to your use of this site.

1.3 Copyright

All information and materials, including text, images, animation,logos, icons, video, music, sound, source code and software on this site and the compilation of such information and materials ("Content") are protected by international copyright laws. Copyright in the Content is owned by Drum Effect and its licensors. You may use and copy the Content only to the extent necessary to view and use this site for personal, non-commercial purposes. Any use of the Content not permitted by this agreement is prohibited.No right, title or interest in any Content is acquired by you as a result of any use of the Content, permitted or otherwise.

1.4 Trade marks

DRUM EFFECT and its associated logos and other marks used on this site are trade marks or service marks of Drum Effect and its licensors. Your use of this site does not give you any rights to use such trade marks or service marks in any manner.

1.7 Linking

References on this site to any names, marks, products or services of third parties or hyperlinks to third party sites or information are provided for your convenience only and do not in any way constitute or imply Drum Effect's endorsement, sponsorship or recommendation of the third party, information,product or service. Drum Effect is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites.

1.8 Disclaimer

THE CONTENTS OF THIS SITEINCLUDING ALL SOFTWARE, FUNCTIONS, MATERIAL, ADVICE, INFORMATION, OPINION,STATEMENT, DATES, LOCATIONS, TIMES OR ANY OTHER PART OF THIS SITE ("MATERIAL") MAYCONTAIN INACCURACIES ANDTYPOGRAPHICAL ERRORS. DRUM EFFECT DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE MATERIAL.

YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE INCLUDING ANY RELIANCE ON ANY MATERIAL WILL BE AT YOUR SOLE RISK. DRUM EFFECT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. DRUM EFFECT MAY MAKE ANY OTHER CHANGES TO THIS SITE OR THE MATERIAL AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT PERMITTED BY LAW, THIS SITE, AND MATERIAL ON THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

1.9 Indemnity

You agree to defend, indemnify and hold harmless Drum Effect from and against any and all claims, damages, costs and expenses, including legal fees,arising from or related to your use of this site.

2.Terms and conditions of sale

2.1 Defined terms

In this section of the agreement:

"Order" means an order for Products or Services.

"Price" means the price specified on this site for a Product or Services and applicable shipping costs, at the time the Order is placed.

"Products" means the products (including gift vouchers and tickets to events) available for purchase on this site.

“Services” means the services (including weekly classes) available for purchase on this site.

2.2 Orders

You may order Products and Services by submitting an Order through this site. Each Order is an offer by you to purchase the Products and Services specified in the Order. All Orders are subject to acceptance by Drum Effect. Drum Effect may refuse or cancel any Order at its discretion, including because there is an error in the Order or the information on this site, or unavailability of Products or Services.

2.4 Price and payment

Unless otherwise indicated, Prices are in Australian dollars and include GST. The payment methods and credit cards Drum Effect accepts are stated on this site. Where you pay by credit card, the Price (less any applicable discounts) will be charged to your credit card at the time your Order is accepted.   

2.5 Discount codes

If you enter a valid discount code at the time you submit an Order, the Price of applicable Products and Services ordered will be discounted in accordance with the amount or percentage advertised with the discount code, up to any maximum limits set by Drum Effect.

2.6 Delivery

Drum Effect will use reasonable endeavours to deliver Products to you within 14 days after your Order is received and payment has made. Sometimes you may be able to pre-order Products, in which case there will be a delay between when your Order is received and payment is made.

2.7 Product changes

Drum Effect may change or discontinue Products or Services or revise the Prices at any time. You agree that minor changes may occur between Products shipped to you and Products described on this site.

2.8 Gift vouchers

Gift vouchers are subject to any additional terms printed on the voucher.  To the extent of any inconsistency with this agreement, the terms printed on the voucher prevail.

2.9 Weekly classes

This site can be used to pay term fees for weekly classes.  You will be required to complete a separate registration form before attending weekly classes, which may contain additional terms.  To the extent of any inconsistency with this agreement, the terms on the registration form prevail.  The registration form is available from Drum Effect on request.  If you pay the term fee before completing the registration form, and the terms on the registration form are not acceptable to you, then you can terminate this agreement and receive a full refund of the term fee. Otherwise, your completion of the registration form indicates your acceptance of the additional terms.

2.10 Tickets to events

In this agreement, the “Promoter” is the person responsible for organising the event.  Except where Drum Effect is the Promoter, tickets to events are sold by Drum Effect as agent forte Promoter.

ALL REPRESENTATIONS IN RELATION TO AN EVENT ARE THE SOLE RESPONSIBILITY OF THE PROMOTER.   EXCEPT WHERE DRUM EFFECT IS THE PROMOTER, TO THE EXTENT PERMITTED BY LAW, DRUM EFFECT HASNO LIABILITY TO YOU IN RESPECT OF THOSE REPRESENTATIONS.

The following terms apply to the sale of the ticket and attendance at the event:

(a) Refunds or exchanges of tickets will not be allowed except as required by law or as otherwise specified by the Promoter.  Where a refund is made, Drum Effect may, to the extent permitted by law, retain any fee it has charged.

(b) The Promoter may add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements and audience capacity.

(c) Drum Effect may charge a fee for the replacement of tickets.  Drum Effect reserves the right not to replace tickets where seating is not allocated (general admission tickets).

(d) The right of admission is reserved and is subject to the Promoter’sand the venue's terms of admission, copies of which are available from Drum Effect on request. Late arrival may result in non-admittance until a suitable break in the performance.

(e) Cameras, audio and video recorders may not be permitted at the event. The Promoter reserves the right to broadcast or telecast any event.

(f) It may be a condition of entry to the event that a search of a person or their possessions will be required at the time of the entry to the venue.

(g) Entry may be refused if tickets are damaged or defaced in anyway or are not purchased from Drum Effect or other authorised points of sale.

(h) You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details.

(i) Tickets may not, without the prior written consent of Drum Effect and the Promoter, be resold or offered for resale at a premium(including via on-line auction sites) or used for advertising, promotion or  other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.

2.11 Title and risk

Title, and risk of loss or damage, to Products passes from Drum Effect to you upon delivery of the Products. This clause does not have the effect of assigning intellectual property rights in the Products to you.

2.12 Returns and refunds

Returns and refunds will be handled in accordance with Drum Effect’s refund policy.

2.13 Liability

TO THE EXTENT PERMITTED BY LAW, DRUM EFFECT'S LIABILITY TO YOU WILL BE LIMITED TO THE PRICE PAID BY YOU FOR PRODUCTS OR SERVICES, AND DRUM EFFECT WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM THIS AGREEMENT, OR FROM THE FURNISHING,PERFORMANCE OR USE OF PRODUCTS OR SERVICES SOLD OR PROVIDED PURSUANT TO THIS AGREEMENT, OR DUE TO LATE DELIVERY OR NON-DELIVERY OF PRODUCTS OR SERVICES,WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.

2.14 Limited warranties

TO THE EXTENT PERMITTED BY LAW, DRUM EFFECT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE ANDANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.

3. General

3.1 Assignment

Drum Effect can transfer, assign or subcontract its responsibility for, and its rights under, this agreement at any time to any person without notice to you. You cannot assign your rights under this agreement without Drum Effect's prior written consent.

3.2 Changes

Drum Effect may change this agreement at any time by making the new agreement available on this site. Your continued use of this site after a change is made constitutes your acceptance of that change. You should check this agreement each time you use this site.

3.3 Entire agreement

Subject to clauses 2.8 and 2.9, this agreement constitutes the entire agreement between you and Drum Effect concerning your use of this site and sales made to you through this site, and supersedes any prior written or other agreement between you and Drum Effect.

3.4 Events beyond Drum Effect's control

Drum Effect will not be liable for any delay or failure to perform this agreement caused by an event beyond its reasonable control.

3.5 Governing law

This Agreement is governed by and construed in accordance with the law of the Australian Capital Territory, Australia and the parties submit to the jurisdiction of the Courts of the Australian Capital Territory, Australia.  

3.6 Interpretation

In this agreement:

(a) headings are for convenience only and do not affect interpretation;

(b) a reference to a "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture(whether incorporated or unincorporated), a partnership and a trust;

(c) words importing the singular include the plural and viceversa, and words importing a gender include other genders;

(d) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and

(e)"includes" in any form is not a word of limitation.

3.7 Severability

If any part of this agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this agreement.

3.8 Waiver

Failure or omission by a party to require strict or timely compliance with this agreement will not affect any right of that party to remedies it may have in respect of any breach of this agreement.