Last updated: 27 January 2023
Please read these terms and conditions carefully before using Our Service. Accepting these Terms and Conditions and using the treeofmusic Website means that you agree to and accept all terms and conditions herein.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
Definitions
For the purposes of these Terms and Conditions:
Website means the treeofmusic.co website.
Service refers to the Website.
Account means Your treeofmusic website account that you have registered through your email or through a Social Login.
User means the individual who is using the Website after registering for an account (email/password) and have accepted .
You means the individual accessing or using the Webiste or an Agent on your behalf.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Country refers to Australia
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Website. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service and you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Account
In order to participate in or receive Services, you will be required to create an account with us (“Account”), through creating. Additional login options, for example via a Social Login, may be implemented in the future.
Your Account is for your personal use only.
In creating your Account:
- You certify that you will not provide misleading or fraudulent information.
- You agree not to use this service to misrepresent another individual.
- You agree not to use the website to mistreat, harm, abuse, another individual or member, and you agree to abide by the Code of Conduct.
- You are responsible for maintaining the confidentiality of and restricting access to your Account and password
- You agree to contact Us immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware.
- You agree that we shall have no liability for any losses, damages, liabilities, or expenses you may incur due to the use of your Account.
- You agree to indemnify us and hold us harmless for any such unauthorized use.
We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Use of Services; Assumption of Risk
The Services may not be accessed or used where prohibited by law. We do not sanction or encourage anything prohibited by law or any illegal activity through the use of our Services. You understand that by accessing or using the Services, We have no control over the information that is entered by Users accessing our Website/Service.
Your Additional Representations and Warranties.
You further represent and warrant to us, under penalty of perjury, as follows:
(a) Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
(b) You will not use any robot, spider, scraper, or other automated measures to access or use the Website.
(c) You will not attempt to circumvent any technical measures we use to host or publish the Website or make the site accessible to the maximum number of users.
(d) You will not cause harm to us or our affiliated entities,
Content Provided “AS IS”; Access to Content
You understand that Content used via the Service is the sole responsibility of the person from whom such Content originated.
We do not control the User-generated Content accessible through the Website and do not guarantee its accuracy, integrity or quality at any point in time.
All such Content is therefore provided “AS IS”, without representation or warranty of any kind.
Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.
We claim immunity from liability to the fullest extent permitted by law for any Content provided by third parties.
Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
Non-commercial Use.
The Services are made available for your personal, non-commercial use. You will not advertise or solicit any user or member to buy or sell any products or services through our Services.
Your Conduct.
You further agree not to use the Services to:
(a) intend to perform any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) harm minors in any way or commit abuse;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) upload, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks, or telecommunications equipment;
(e) violate any applicable local, state, national or international law, including, but not limited to Australia’s laws and regulations.
(f) “stalk” or otherwise harass another person or user;
(g) collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots, or web crawlers) or upload, post, email, transmit, chat, or otherwise disclose other users’ or members’ private information.
Member Interactions and Disputes
(a) You are solely responsible for your interactions with other users and members of the website and services. You understand and agree that we have no obligation to screen our users or members; or inquire into the backgrounds of our users or members. We make no representations or warranties as to the conduct of users or members or their compatibility with any current or future users or members. We reserve the right, but have no obligation, to monitor disputes between You and other Users or members or to terminate or block you and other users or members for violations of these terms. Please also use caution, common sense, if you are using the Website to get into contact with or interact with other Users.
(b) In the event that you have a dispute with one or more other Users or members, you hereby release us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Links to Other Websites
Our Service may contain, or may in the future contain, links to third-party websites or services that are not owned or controlled by Us.
We have no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, damage to property, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“As Is” and “As Available” Disclaimer
The Service is provided to You “As is” and “As Available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Australia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution and Arbitration of disputes
A) any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present, or future, and including statutory, consumer protection, common law, intentional tort, and equitable claims) between You and Us or any of our affiliated entities or ours or their agents, employees, principals, successors, or assigns arising from or relating to Your use of our website and application, Your account, these terms, their interpretation, or the breach, termination or validity hereof (including the scope and validity of this arbitration agreement), or the relationships which result from these terms (including, to the fullest extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), shall be resolved exclusively and finally by binding individual arbitration.
(b) Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, social login details, email address or phone number you use for your account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be sent by email at [email protected] Before we commence an arbitration, we will send you a Notice of Dispute that includes a detailed description of the dispute, and the relief we are seeking to the email address you use with your account, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.
(c) The arbitration shall be administered by an accredited Arbitrator and qualified Legal Practitioner in Australia. Any party or third party or their counsel may appear telephonically in any hearings the same as if they were appearing in person unless otherwise ordered by the arbitration.
(d) The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
(e) Notwithstanding the other provisions of these terms, this section shall not prevent you or us from bringing an individual claim relating to your use of the website, or your account, or arising out of these terms exclusively in small claims court within the scope of such court’s jurisdiction.
(f) Any award of the arbitrator shall be final and binding on each of the parties, and it may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT WITH RESPECT TO ANY SUCH CLAIM.
(g) Nothing in this Section shall be deemed to prohibit either party from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve our or our licensors’ rights in and to intellectual property or confidential information.
Class Action Waiver.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE LAWYER GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Construction
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
Limitations of Claims
You agree that any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Agreement Binding
This Agreement shall be binding upon the parties and their successors and permitted assigns.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Minors
We consider that the Website and Service is appropriate for use by minors, however the nature of the Website is that it may have some social features that require parental guidance.
We therefore allow use of the Website/Service by Minors, on the important condition that they do so under the direct supervision and consent of their Parent(s) or Legal Guardian(s).
We do not accept any responsibility for minors registering for an account on the Website without consent of their Parent(s) or Guardian(s).
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. You can be updated with any changes to our Terms and Conditions via our website (www.treeofmusic.co), which will store the up-to-date Terms and Conditions agreement. You can also sign up to be notified of these changes by emailing [email protected].
If a revision is material We will make reasonable efforts to provide adequate notice prior to any new terms taking effect.
Any material changes to Our Terms and Conditions or Privacy Policy will be communicated to you via the Website or via Email for your consent.
What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must stop using the Website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
