By using the information, services and products available through this Web site you are agreeing to the terms and conditions contained herein. The Fun Music Company Websites are a (“Service”) made available to users over the Internet. As part of our service, The Fun Music Company will provide you (“the user”) links to other Web sites and other services that The Fun Music Company may decide to offer, subject to the terms hereof. Upon notice published through the Service or otherwise, The Fun Music Company may modify this Agreement at any time. You agree and continue to agree to use the Fun Music Company website(s) in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.
By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, The Fun Music Company may terminate your right to access the service.
You are responsible for all charges (e.g., telephone and internet connection) associated with connecting to the Service through an available internet connection. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service.
You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and The Fun Music Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, other than for the purpose of using the materials as specifically set out in the product End User License Agreement. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. All trademarks appearing on the Service are trademarks of their respective owners.
Disclaimer of warranty and limitation of liability
The Fun Music Company services are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation any Fun Music Company software licensed to you and the results obtained through the service.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Neither The Fun Music Company Pty Ltd nor any of its partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the service.
You agree to indemnify and hold The Fun Music Company Pty Ltd, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this agreement. You agree to hold The Fun Music Company Pty Ltd harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to customer’s violation of this agreement, including the terms of service or any content placed on the service by you.
This Agreement shall be construed and controlled by the laws of South Australia, Australia. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of South Australia, Australia. As a user of this service, you agree to personal jurisdiction by the state and federal courts sitting in the State of South Australia, Australia.
This agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between The Fun Music Company Pty Ltd representatives and you. The Fun Music Company Pty Ltd may amend or modify this Agreement or impose new conditions at any time upon notice from The Fun Music Company Pty Ltd to the user as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
Products sold directly from The Fun Music Company Pty Ltd (physical or digital) are covered by a 90 Day customer satisfaction guarantee. Should the customer wish to cancel or change their mind about a product purchase the customer may email customer service at the Fun Music Company, or logdge a ticket at www.funmusiccompanyhelpdesk.com within 30 days from the date of sale, and they will be provided with a refund. Refunds will be processed through the Paypal account or credit card provided for the sale. Products sold by other merchants through affiliate arrangements from this website are subject to that merchants refund or return policies.
In order to receive a refund, a physical product has to be received in its original condition and packaging at our Post Office box address (PO Box 93, Daw Park) within 90 days from the date of purchase. An email must also be sent to customer service at the Fun Music Company: email@example.com letting us know of the return. The refund shall be for the full amount of the sale, less the postage costs. All return postage costs are to be borne by the customer.
The cancellation of a digital product can be done at any time within the 90 day period after a