Terms

TERMS AND CONDITIONS

These terms and conditions create a contract between you and Tempoetic (the “Agreement”). Please read the Agreement carefully. All purchases are subject to your agreement to these terms and conditions.

The following terms and conditions are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations. The contractual rights you may be entitled to under these terms and conditions are in addition to the statutory rights you may be entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

INTRODUCTION TO OUR PRODUCTS SERVICES

This Agreement governs your use of Tempoetic’s products and services, collectively referred to as “Content”. Content may be offered via Tempoetic or a third party. Our Services are available for your use in your country or territory of residence (“Home Country”). By creating an account for use of the Services in a particular country or territory you are specifying it as your Home Country. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

USING OUR SERVICES

PAYMENTS, TAXES, AND REFUNDS

We will charge your selected payment method for any paid Transactions, including any applicable taxes. Payments are handled by third party providers such as (but not limited to) PayPal. We reserve the right to change our payment providers at anytime without notice. Third party payment providers are responsible for the security of your data once it leaves our site. These parties have their own privacy policies and protections which you should be comfortable with before purchasing from us.

We charge GST (Goods and Services Tax) on all purchases as required by the Australian government. The rate is set at 10% of the purchase price. No items are exempt from GST (unless an item is given freely through a promotion, voucher or discount offer).

Refunds are not available for any products on our store. As these are digital products, they can be easily copied and are therefore are not suitable for returns or refunds. Your purchase on our website is contingent upon your full acceptance of these terms and conditions. If you do not agree, you should not continue with your purchase.

ACCOUNT

Using our Services and accessing your Content may require a Tempoetic Customer ID. A Tempoetic Customer ID is the account you use across our store. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Tempoetic is not responsible for any losses arising from the unauthorised use of your account. Please contact us if you suspect that your ID has been compromised.

You must be age 13 (or equivalent minimum age in your Home Country) to create an account and use our Services. Accounts and IDs for persons under this age can be created by a parent or legal guardian. A parent or legal guardian who is creating an account for a minor should review this Agreement with the minor to ensure that they both understand it.

PRIVACY

SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. We may monitor your use of the Services and Content to ensure that you are following these Usage Rules. The Usage Rules do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

Content License and Copyright

  • You are granted a licence to use this Content, you do not own it outright at anytime. You may however, use the Content for your personal use or for live performances, without limitation on the number of times you use it. Once purchased, you are free to use it as many times as you like.
  • The Content is subject to our mechanical copyright, and as such, you are forbidden to copy the Content in any format – other than once, for backup purposes. Our delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the original copyright owners.
  • You cannot give the Content away or share it with family or friends. It is for your own personal use only. Ignoring this is a breach of contract and a breach of copyright, for which there are heavy penalties. The Content is priced very reasonably, we therefore urge you to respect the hard work and effort that has gone in to creating it and to refer your friends to Tempoetic if they wish to have a copy for their own use.
  • The Content (which includes Music and Lyrics) is created by professional musicians who re-produce a recording of original popular songs. Sometimes these reproductions are made with variations to assist in the live performance of the songs. We have the right to alter these tracks as we hold blanket mechanical copyrights to all Content. We hold the mechanical copyright and the original songwriter always retains the original copyright for the composition (and lyrics) of the song that has been reproduced or simulated.
  • Purchased Content will generally remain available for you to download, although we do not guarantee it will remain available forever. Subsequent to your purchase, Content may be removed  or reorganised on our storage systems and may therefore become unavailable for further download or access. To ensure your ability to continue enjoying Content, we encourage you to download all purchased Content to a device in your possession and to back it up.
  • If you believe that any Content available through this site infringes a copyright claimed by you, please contact us.

Loss of Content

  • It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly
  • You may not tamper with or circumvent any security technology included with the Services or Content.

SUBSCRIPTIONS

This site may allow you to purchase access to Content on a subscription basis (“Paid Subscriptions”) from time to time. These Subscriptions will automatically renew until cancelled in your account settings.  To learn more about cancelling your subscriptions, please contact us. You will be notified if the price of a Paid Subscription increases and, if required, your consent will be required to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period, as displayed on your receipt. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least 24 hours before the free trial ends. When your Paid Subscription to any Service or Content ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.

THIRD-PARTY MATERIALS

We are not responsible or liable for third party materials included within or linked from the Content or the Services.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Tempoetic, its licensors and/or Content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

Certain legislation, including the Australian competition and consumer act 2010 (cth), may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions. If Tempoetic is liable to you under the Australian competition and consumer act 2010 (cth) or similar legislation, to the extent to which Tempoetic is entitled to do so, Tempoetic limits its liability in respect of any claim under those provisions to: in the case of goods, at Tempoetic’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Tempoetic’s option: the supplying of the services again; or the payment of the cost of having the services supplied again.

Tempoetic does not guarantee, represent, or warrant that your use of the services will be error-free, and you agree that from time to time Tempoetic may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect Tempoetic’s legitimate interests.

You expressly agree that your use of, or inability to use, or activity in connection with the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by Tempoetic) provided “As is” and “As available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the australian consumer law, there are certain consumer guarantees which cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.

You agree that unless required by applicable law, Tempoetic has no responsibility to continue making content available to you through our services, and Tempoetic will not be liable to you if content, including purchased content, becomes unavailable for download, re-download, or streaming.

In no case shall Tempoetic, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any injury, loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, Tempoetic’s liability shall be limited to the extent such limitation is permitted by law.

Tempoetic shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release Tempoetic from any and all liability to you for any loss or liability relating to such information in any way.

Tempoetic does not represent or guarantee that the products will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Tempoetic from any liability relating thereto. You shall be responsible for backing up your own system, including any content purchased or acquired through the services.

Tempoetic is not responsible for data charges you may incur in connection with your use of the services.

Waiver and indemnity

By using the services, you agree, to the extent permitted by law, to indemnify and hold Tempoetic, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of the services, or, to the extent permitted by law, any action taken by Tempoetic as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. To the extent permitted by law, you agree that you shall not sue or recover any damages from Tempoetic, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or deny access to any information or content, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Tempoetic’s reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

GOVERNING LAW

Except to the extent expressly provided in the following paragraph or to the extent required by applicable law, this Agreement and the relationship between you and Tempoetic, and all Transactions on the Services shall be governed by the laws of the State of Queensland, Australia.