SOUNZ Online www.sounz.org.nz is owned and operated by the Centre for New Zealand Music Trust (SOUNZ).
By accessing and/or contributing to this website, you agree to the following terms and conditions. Please check these terms and conditions from time to time as SOUNZ may change them at any time without notice by placing the new terms and conditions on this website. Your continued use of the website will represent your agreement to be bound by the terms and conditions as amended.
These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of SOUNZ Online, for example the SOUNZ Privacy policy and the SOUNZ Refund and return policy.
Limitations of Liability
SOUNZ excludes any liability (however caused, including through negligence) arising directly or indirectly from your use of SOUNZ Online, or any linked website, to the maximum extent permitted by law. Where SOUNZ's liability cannot be excluded, its liability is limited at SOUNZ's option to: repairing, re-supplying, replacing or paying the re-supply or replacement cost for the goods or services in respect of which SOUNZ's liability arose.
The SOUNZ provides the information published on SOUNZ Online in good faith. However, the information is provided 'as is' and you should check the information before relying upon it. The material on SOUNZ Online is general and for information purposes only and should not be relied upon. SOUNZ makes no representations or warranties as to the suitability of the material on this website for any purpose. Your use of any content or services accessed through this website is at your own risk.
SOUNZ is not liable for any lack of availability, errors or virus associated with this website and makes no promise that the website will operate error free or uninterrupted.
SOUNZ may change, amend or remove any of the services offered on SOUNZ Online at any time without notice.
The opinions expressed on SOUNZ Online are those of the individual contributors and are not necessarily shared by SOUNZ.
Copyright and Intellectual Property
The material on SOUNZ Online (including text, graphics, logos, icons, photos, sheet music, sound recordings, videos and software) is protected by copyright. All services provided and sales are subject to the copyright and other intellectual property interests of composers and other copyright and intellectual property owners such as publishers and record companies. SOUNZ owns, or has a licence to use, the copyright for the material on the SOUNZ Online website. Except with the prior written consent of SOUNZ, you may only use material on SOUNZ Online for your own personal use. You may print out or save electronically a copy of material from this website but must not otherwise use, copy, reproduce, publish, store in a retrieval system, alter or transmit in any form or by any means in whole or part any of this material without the prior written approval of the Centre for New Zealand Music and copyright owners.
SOUNZ Copyright and Trade Marks
You agree that the content you access, view or download and the software used to create it, remains the property of the Centre for New Zealand Music Trust as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trade Mark laws.
The SOUNZ website and the Intellectual Property Rights in the website shall at all times remain the exclusive legal, beneficial and equitable property of the Centre for New Zealand Music Trust and/or its successors, assignees and licensees. Any and all rights not expressly granted under these Terms and Conditions are and remain reserved by the Centre for New Zealand Music Trust.
You agree not to modify or alter the content in any way, or make it available to any third parties without the permission of the Centre for New Zealand Music Trust.
External links
SOUNZ Online includes links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
The SOUNZ's links with linked websites should not be construed as an endorsement, approval or recommendation by SOUNZ of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
SOUNZ has no responsibility for the material, actions and privacy policies of these websites and you access them at your own risk.
Indemnity
You must not use SOUNZ Online for any activities which breach any laws, infringe a third party's rights, or are contrary to any relevant standards or codes (this includes without limitation that you will not harass, threaten or defame people through your use of SOUNZ Online). You agree to indemnify and hold harmless SOUNZ against any damage it suffers as a result of your breach of these terms and conditions.
By contributing material to this website, uploading information to events and discussion forums or otherwise providing material for publication on this website you indemnify and hold harmless SOUNZ against all liability arising from or in consequence of the material that you have supplied, including without limitation any liability resulting from your failure to procure the necessary copyright permission to reproduce the material.
Submissions of material and other information
SOUNZ reserves the right to make changes to any material uploaded to the website or otherwise submitted for publication. SOUNZ may delete any of the information from the website at any time. Information supplied for events pages, news and articles may be published and widely distributed, and by contributing any material the user consents to the information being published by SOUNZ and any third party for any purpose.
By contributing material to this website you agree to grant SOUNZ a non-exclusive unlimited licence to reproduce the material in any form in perpetuity and you acknowledge that any information or material submitted by you to the website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction.
You agree not to post or transmit any unsolicited advertising or promotional materials on this website, and you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
Pricing
All goods are priced in New Zealand dollars. For New Zealand delivery addresses, all prices are GST inclusive unless otherwise stated.
Payments
SOUNZ accepts the following credit cards: Visa and MasterCard.
If a credit card company is used for a purchase, SOUNZ may obtain pre-approval from that company for an amount up to the amount of the purchase including freight costs. Billing to your credit card will occur at the time of purchase or soon thereafter.
PLEASE NOTE:
i) Credit cards have daily limits that may stop the processing of your order.
ii) If a purchase is declined online, please ensure all details are correct and then re-submit.
Delivery by Download
Prior to purchasing a score or mp3 from the SOUNZ website, you must agree to the following terms and conditions:
This score/mp3 has been made from a digital file provided by SOUNZ and has been obtained through an authorised download. No part of this score/mp3 may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, copying, recording or otherwise, without the prior permission of the Centre for New Zealand Music Trust or the appropriate copyright holder.
Postal Delivery
Within New Zealand all goods are sent by standard post and have delivery times of 5-10 days. You can choose to have your goods sent by courier. We aim to have couriered goods delivered within 24 hours of dispatch. International orders are sent by airmail. Delivery times vary depending on country of destination with 5-7 business days being the average. SOUNZ makes every effort to ensure that delivery timeframes given are accurate. By placing an order, you agree not to hold SOUNZ liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
Posting and Addresses
If SOUNZ has misaddressed a product then SOUNZ will be responsible for the re-delivery, replacement or refunding of the product. If you have given an incorrect or insufficient address, SOUNZ will not refund or resend the product and you will bear all responsibility for correcting the delivery. For this reason, we encourage you to supply post codes with their address details.
Refunds and Returns
If you receive damaged or defective merchandise, we will provide a replacement upon its return. If the item is no longer available we will issue a credit or exchange the item. We cannot exchange items, or accept returns for reasons other than if they are damaged or faulty. Choose carefully as we do not refund or exchange if you change your mind. If your purchase is in New Zealand and not for business purposes SOUNZ will meet its obligations under the Consumer Guarantees Act 1993.
To contact us regarding returns, please email SOUNZ at [email protected]
Jurisdiction
These terms and conditions are governed by the laws of New Zealand.
Miscellaneous
Right to modify without notice
The Centre for New Zealand Music reserves the right to modify the terms and conditions of this Agreement at any time and without notice. Accessing this site constitutes agreement to the modified conditions. You are accordingly advised to review this Agreement regularly.
No waiver
No failure or delay by the Centre for New Zealand Music relating to the exercise of any right, power, privilege or remedy provided by this Agreement to a breach of any term of this Agreement shall operate as a waiver of any other or subsequent breach.
Partial invalidity
If any provision of this Agreement is prohibited or held by a Court of proper jurisdiction to be unlawful, void or unenforceable then such provision shall to the extent required be severed from this Agreement without modifying or altering the remaining provisions. Such severance shall not in any way affect the validity or enforcement of those remaining provisions.
Headings
Clause headings are included for ease of reference only and shall not affect the construction of this Agreement.
New Zealand Law
This Agreement and all sales and services of the Centre for New Zealand Music shall be construed in accordance with the laws of New Zealand.
Dispute Resolution
Any dispute arising under this Agreement will be determined in New Zealand by a court or tribunal with proper jurisdiction.
Contact Details
If you have any concerns regarding these terms and conditions or your use of the site, please contact us at:
SOUNZ Centre for NZ Music
PO Box 27347
Marion Square
Wellington 6141
Email: [email protected]