Terms and Conditions

These Terms Of Use apply to the subscription service (the “CMW Service”) operated by Country Music World Pty Ltd ABN 37 618 758 160 (“CMW”, “we”, “us”) which allows subscribers to view content (“CMW Content”) streamed over the internet to certain internet-connected computers and other devices. Please read these Terms Of Use together with our Privacy Policy, as your use of the CMW Service constitutes agreement to these terms and conditions.

Subscription Requirements

Only persons over the age of 18 may become a subscriber to the CMW Service. Subscribers must not allow persons under the age of 18 to use the Service except under adult supervision.

In order to use the CMW Service you must have a device which supports the CMW Service, an internet connection and you must provide a valid, current method of payment which is acceptable to us (“Method Of Payment”).

Subscription

Your subscription to the CMW Service will continue month to month until it is terminated.

Unless you cancel your subscription prior to your monthly billing date, you authorise us to charge to your Method Of Payment your next month’s subscription fee.

You can access details regarding your subscription via the “Your Account” link on our website.

Your monthly subscription fee will be charged to your Method Of Payment on the day in each month which is the anniversary of the commencement date of your paid subscription (however we reserve the right to charge the fee on a different day, for example if your paid subscription started on a day which is not contained in a payment month, or if your Method Of Payment has not settled successfully). You can view your next billing date by accessing the “Your Account” link on our website.

You may change your Method Of Payment by accessing the “Your Account” link on our website. If you change your Method Of Payment you authorise us to charge your subscription fees to the new Method Of Payment.

For some Methods Of Payment, you may be charged additional fees by the issuer of the Method Of Payment, including transaction or processing fees. It is your responsibility to pay such additional fees.

All CMW Service fees are exclusive of GST unless expressly stated to be otherwise.

We may suspend your access to the CMW Service if your Method Of Payment does not settle successfully, due to lack of funds, expiry or any other reason.

Cancellation of Subscription

You may cancel your subscription to the CMW Service at any time by accessing the “Your Account” link on our website. If you cancel your subscription you will be entitled to continue accessing the CMW Service until the end of the current monthly billing period. Subscription fees paid prior to the cancellation of your subscription will not be refunded.

We  may cancel your subscription or terminate this agreement at any time. If this occurs during a paid subscription period, you will be able to access the CMW Service for the remainder of the current monthly subscription period.

Changes to Subscription Fees

We may change the subscription plans we offer and the price of the CMW Service from time to time. We will give you at least 30 days notice of any such changes.

Free Trials

Your use of the CMW Service may commence with a free trial period, in our discretion. If a free trial period applies to you, it is your responsibility to be aware of when the free trial period ends.  We will start charging your Method Of Payment at the end of the free trial period, unless you cancel your subscription prior to the end of the free trial period.

Use of CMW Service

During the period of your subscription, CMW grants you a non-exclusive, non-transferable licence to access the CMW Service and view the CMW Content. The CMW Content is provided for your personal, non-commercial viewing use only and you agree that you will not make, or permit, any other use of the CMW Content. You must not distribute, sell, transmit, reproduce or publish any part of the CMW Content or any other data, information or material contained in or made available via the CMW Service, or modify or create derivative works based on any of the foregoing without the prior written permission of CMW.

You agree to comply with all applicable laws and regulations when using the CMW Service.

You may access and view the CMW Content only in Australia.

The number of simultaneous devices on which you may view CMW Content is (1) one.

The selection of the CMW Content will be made by CMW in its discretion and will be varied from time to time.

You must not do, or attempt to do, any of the following in connection with the CMW Service or the CMW Content:

– reverse-engineer, modify or manipulate any software or processes;

– remove, damage, circumvent, deactivate or modify any digital rights management systems or software;

– upload or transmit any viruses spyware, malware or any other material which may damage the CMW Service;

– use any data-mining or similar processes or methods.

– use any robot or other automated means to gain access to the CMW Service or the CMW Content.

You acknowledge that your ability to access and view the CMW Content is dependent on your device having the necessary functionality and software, and may require third party software which must be licensed by you. You acknowledge that your device may automatically receive software updates from CMW and other third party software providers. The functionality of the CMW Service may differ depending on the type of device you use.

The display quality of CMW Content, and the time it takes for you to commence or resume watching CMW Content, may vary depending on the type of device you use and other factors including your internet connection speed and your location. We do not give any warranties about the display quality of the CMW Content or the time it may take to commence or resume viewing, or any warranty that your viewing experience will be seamless or uninterrupted or of any particular quality.

You are responsible for all internet access, data and other costs associated with your internet and mobile device usage in relation to the CMW Service.

Unsolicited Materials

Please do not send us unsolicited materials, suggestions or ideas related to the CMW Service, the CMW Content or anything else, as we do not accept these.

Your Account

When you create an account for yourself in relation to the CMW Service, you agree to submit true and accurate information about yourself, as requested during our account creation process.  You must not lie about any of your personal details, or impersonate any other person. You must not use another person’s name, identity or likeness.  You must not transfer or sell your membership account.

You must notify CMW if you become aware of any unauthorised use of your user name, password or account information.

Failure to comply

If you do not comply with these Terms Of Use, CMW has the right to deny or restrict your access to the CMW Service at any time.

Liability

CMW does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However CMW does exclude all other rights, remedies, conditions, and warranties in respect of the CMW Service and any other goods or services supplied by CMW which may be excluded under law, custom or statute.

To the maximum extent permitted by law CMW’s liability in respect of the CMW Service and any other goods or services supplied by CMW which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to CMW for that good or service.

CMW will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the CMW Service, even if CMW has been advised of the possibility of such damages or losses.

Disclaimer

The CMW Service is provided as-is and as available. Subject to the clause headed “Liability” above, CMW makes no warranties of any kind, express or implied, about the CMW Service, including but not limited to any warranties:

(a) about the accuracy and reliability of the content provided via the CMW Service;

(b) that your access to the CMW Service will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

CMW is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the CMW Service.

CMW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. CMW is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the CMW Service. CMW also expressly disclaims any warranty of fitness for a particular purpose.

CMW reserves the right to modify, suspend, or terminate operation of or access to the CMW Service and to interrupt the operation of the CMW Service as necessary to perform maintenance at any time, for any reason and without notice.

Indemnity

You indemnify CMW, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach or alleged breach by you of these Terms Of Use;

(b) any violation by you of any law or the rights of any third party; or

(c) your use of the CMW Service (unless the relevant claim, loss, damage or cost is caused by the relevant indemnified party’s wilful default, negligence or breach of this agreement).

Governing Law

This agreement is entered into in New South Wales, Australia. You agree that it will be governed by the laws of the State of New South Wales and any disputes arising out of this agreement will be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Changes to Terms Of Use

CMW reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms Of Use. We will give you at least 30 days notice of any such changes.

Customer Support

If you require assistance in relation to your account or  your use of the CMW Service, you can view our FAQ, visit the Troubleshooting Guide or contact our customer help centre via our website at www.countrymusicworld.com.au.

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