COMPANY WEBSITE TERMS OF USE
These Terms and Conditions (Terms) outline the rules for your use of this website (located at https://www.davidsonartistsmanagement.com/terms-and-conditions) as between you and Davidson Artists Management Pty Ltd (ACN 683 607 454) (Company or us). By accessing and using our website, you accept and agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use our website or service.
1. INTELLECTUAL PROPERTY
1.1 All content and materials on the Company website, including but not limited to text, images, graphics, artwork, logos, videos and audio (Content), are owned by or licensed to Company and protected by applicable copyright, trade mark and intellectual property laws.
1.2 You must not download, copy, reproduce, modify, transmit, distribute, display, broadcast, license, sell or otherwise exploit any Content from our website without prior written permission from the Company. The Company reserves all rights not expressly granted.
2. INTELLECTUAL PROPERTY
2.1 You are granted a non-exclusive, non-transferable and revocable licence to access and use the website and the Content for personal and non-commercial purposes. This licence may be superseded by any further licence agreement you may enter into with the Company in respect of particular Content.
2.2 You must not use the website for any illegal or unauthorised purpose or in any way that may cause the Company to violate any law, regulation or anyone else’s rights (including privacy and intellectual property rights).
2.3 You are strictly prohibited from taking any action that may circumvent or attempt to circumvent the privacy, security and access control features of the website or may cause damage, disruption, interruption or impairment to the functionality of the website or interfere with other users' access and use.
2.4 You are responsible for maintaining the confidentiality of any account information, including usernames and passwords and for all activities conducted under your account.
2.5 The Company makes no warranty in respect of the security measures on this website and is not responsible for any misuse, loss or unauthorised access, modification or disclosure of information you upload to the website.
2.6 The material contained on this website may contain material which is inaccurate or otherwise incorrect. The Company does not make any representations or warranties regarding its accuracy, satisfactory quality, fitness for any particular purpose or non-infringement of third parties’ rights. The Company is not liable for any damages, losses, costs or expenses resulting from any use or misuse of the information contained on this website.
3. LINKS TO THIRD-PARTY WEBSITES
3.1 The website may contain links to third-party websites or resources. These links are provided for your information and convenience only, and the Company does not endorse or assume any responsibility for the content, privacy practices, or actions of third-party websites.
3.2 Use of third-party websites is at your own risk. The Company has no control over third party websites it links to, and will not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the access or use of any third-party websites.
4. YOUR CONTENT
4.1 You represent and warrant that you own all rights, title, and interest in and to any content you upload to Company’s website (Your Content) or that you have otherwise secured all necessary rights in Your Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and the Company, you own all right, title and interest in and to Your Content.
4.2 You grant Company a worldwide, royalty-free and sublicensable license to host, copy, store, modify, adapt and use Your Content.
5. NO WARRANTY AND LIMITATION OF LIABILTY
5.1 The website and our services and Products are provided “as is” and Company makes no warranties or representations, express or implied, regarding the accuracy, reliability, or completeness of the content and materials on the website.
5.2 Your use of Company’s website or services and your purchase of our products and services is at your own risk. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose, noninfringement, or conformance with description) apply to the website, our services or our products and services except to the extent that they are expressly set out in these Terms, including without limitation, that the website will be secure or free from bugs or viruses. It is your responsibility to make sure that our products and services (if purchased) are suitable for your individual requirements and purposes.
5.3 Notwithstanding the paragraphs above, nothing in these Terms will exclude or limit our liability for losses or claims which may not be lawfully excluded or limited by applicable law. If any statutory provisions apply (including under the “Australian Consumer Laws” set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth)), notwithstanding anything else in these Terms, we limit our liability in respect of any claim to (to the extent to which we are entitled to do so), at our option:
(a) with respect to goods: refund of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods, or acquiring equivalent goods, or of having the goods repaired;
(b) with respect to services: the supply of the services again or the payment of the cost of having the services supplied again.
5.4 Subject to the paragraph above, the Company will not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with your use of the website (including as a result of any changes we make to the website or our services, the deletion, corruption or failure of the website, your failure to provide us with accurate information or to keep your information secure).
5.5 These limitations on our liability to you will apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
5.6 To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the website or our services, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6. GOVERNING LAW AND JURISDICTION
6.1 These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia.
6.2 Any disputes arising from these Terms or your use of the Company website will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
7. MODIFICATIONS
7.1 Company reserves the right to modify or replace these Terms at any time without prior notice by posting them on our website and updating the “Last Updated” at the top of this page. It is your responsibility to review the Terms periodically for any changes.
7.2 By continuing to use the Company website after any modifications, you accept and agree to abide by the current Terms, as amended. If you do not accept any amendments, you must not continue to use the website.
8. PRIVACY POLICY
The collection, use and protection of personal information provided by users are governed by our Privacy Policy. By using the website, you consent to the collection and processing of your personal information as outlined in the Privacy Policy (located at https://www.davidsonartistsmanagement.com/privacy-policy).
9. INDEMNIFICATION
You agree to indemnify and hold the Company and its affiliates, officers, directors, employees, associated artists and agents harmless from any claims, losses, damages, liabilities, costs, or expenses (including without limitation, legal fees) arising out of or in connection with your use of the website or our services, including but not limited to any violation of these Terms.
10. COMPLAINTS AND DISPUTES
10.1 At Company, we value your satisfaction and strive to provide exceptional customer service. If you have any complaints or concerns regarding your purchase, the website, or any other aspect of your experience with Company, please follow the steps outlined below:
10.2 Contact our Customer Support:
(a) Please reach out to our customer support team at:
Attention: Complaints Team
office@davidsonartistsmanagement.com.
(b) Provide detailed information regarding the nature of your complaint, including any relevant order details, dates and any supporting documentation or evidence.
10.3 Once your complaint is received, Company will promptly investigate the matter and work towards a satisfactory resolution.