AMEB Innovations Pty Ltd ABN 64 608 414 991 trading as Encore Music Distributors (Encore). The Encore [www.encoremusic.com.au] website (Website) is owned and operated by Encore ABN 64 608 414 99.
1. User Agreement
1.1 By using the Encore Website and/or our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and Encore (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Registration and Dealer Requirements
2.1 You must be a registered Dealer to access some website features or our services. To become a Dealer, you will provide us with personal information, including your trading name, Australian Business Number (ABN), name, address, and a valid email address. You must ensure this information is accurate and current.
2.2 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to the receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2.3 To become a Dealer to use the Website, you must have an ABN and be registered for GST. Then email your details as cited in 2.1 to sales@encoremusic.com.au.
3. Access and use of the Website
3.1 You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2 You must not (or attempt to):
3.2.1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
3.2.2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3.2.3. interfere (or attempt to interfere) with security-related or other features of our site; or
3.2.4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3.3 We may refer fraudulent, or abusive, or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4 You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other Website linked to or from our Website.
4. Information on this Website
4.1 Information about goods on the Website is based on material provided by third-party Sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
4.2 You agree to make your own enquiries to verify the information provided and to assess the suitability of goods before you order.
4.3 Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the product received.
5. Disclaimer and Liability
5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1. errors, mistakes or inaccuracies on the Website or our social media pages;
5.1.2. you acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
5.1.3. personal injury or property damage of any nature resulting from your access to or use of the Website;
5.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.5. any interruption or cessation of transmission to or from the Website;
5.1.6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party and/or;
5.1.7. the quality of any product or service of any linked sites.
5.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party Sellers of goods and services.
5.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
5.4 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental, or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or suppliers have no responsibility for the legality of your actions.
6. Indemnity
6.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Placing Orders
7.1 You are responsible for any discrepancies or errors in your order caused by you.
7.2 Orders placed by you are offers to purchase either:
7.2.1. Agreement, and any third-party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or
7.2.2. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
7.3 Goods sold by the Encore Website are not reserved in-cart, and an order is only finalised when you have submitted it.
7.4 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it, unless you contact Encore immediately. If you have any problems with your order, you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Returns policy.
7.5 While we will always endeavour to backorder an item out of stock, we occasionally cannot source items. In the event that we cancel or are unable to fulfil your order, we will provide a credit.
7.6 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a credit in the event we cannot fulfil your order.
8. Checkout
8.1 You may be able to make purchases on our Website without creating an account by using our Guest Checkout.
8.2 In the event that you use Guest Checkout, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.
9. Price, Payment and Use of Discount/Coupon Codes
9.1 The prices of goods, delivery and other charges shown are in Australian dollars.
9.2 Discount codes and coupons are only valid for a single transaction and may not be used in conjunction with any other discounts. They are also subject to our fair use requirements, and where we reasonably determine that an individual is abusing the use of the discount code, we may cancel a transaction or that code (for example, where the same individual uses a discount code across multiple accounts).
9.3 Items purchased using a discount/coupon code are subject to our returns or refunds policy.
9.4 If you have used a discount/coupon code to pay for your order, the refund will reflect the original invoiced amount.
10. Credit
10.1 If you have an account with us, any unused portion of your Credit shall be credited to your account.
10.2 To the extent permitted by law, Encore reserves the right to change any of the terms and conditions in relation to its Credit upon the provision of reasonable notice, including by notice on the Encore Website.
11. Shipping and Delivery
11.1 Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
11.2 We will use our best endeavours to meet the stated timeframes for delivery; however, from time to time, particularly during busy periods, our shipping service providers may suffer delays beyond our control. In the event that your order is delayed, we are happy to assist with tracking.
11.3 Standard and express shipping are subject to different fees and charges.
11.4 Express shipping is available only in certain areas and for specific orders.
11.5 A signature may be required for some deliveries. You are responsible for ensuring you can accept delivery. Encore will not be responsible:
a) for late delivery where attempted delivery has occurred on or before the stated delivery timeframes;
b) for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
c) for lost or missing parcels left at your chosen location, where you have expressly given authority to leave with the item's carrier.
11.6 We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
12. Packaging and Labelling
12.1 We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may, to a small extent, differ in appearance and packaging from their appearance in images and photographs on the Website.
13. Digital Access Codes (digital media content)
13.1 Any digital access codes offered on the Website (i.e. Steam keys etc.) are sold subject to the terms of use of third-party distribution channels, and the software or content unlocked by such codes is subject to intellectual property rights of third-party licensors. Your use of the software or content (i.e. music, video etc.) may be restricted by Digital Rights Management ("DRM") code or software controls embedded in the content by the licensor of the said content. Encore is not responsible for the application of any DRM or the effect it may have on your use of the content, and we are not liable for the operation of DRM. You should check the user terms of the associated software or content distributor prior to purchasing any access keys.
13.2 You are responsible for determining whether your computer or device is compatible with the software or content unlocked by access codes you purchase on the site. For recommended specifications, consult the product listing or, alternatively, the publisher or distributor website. Redemption of software or content may require high-speed internet access.
13.3 For support with redeeming your codes, you should first contact Encore at sales@encoremusic.com.au for assistance.
14. Intellectual Property
14.1 All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Encore, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
14.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
14.3 You may not:
a) modify or copy the layout or appearance of the Website nor any computer software or code contained on the Website or
b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
14.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
15. General
15.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
15.2 This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
15.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
15.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
15.5 In the event a customer is abusive or aggressive in its communications with us, we reserve the right to delete a customer account.
16. Privacy and Personal information
16.1 If you provide us with any personal information, our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.
Last revised: 18 December 2023
Copyright © 2023 Encore Music Distributors