2MBS Fine Music Sydney‘s (we, our, us) website (Site) and related services are provided to you in accordance with the following terms and conditions (Terms of Use).
2MBS Fine Music Sydney is the trading name of Music Broadcasting Society of New South Wales Co-operative Limited, a company registered in Australia with ABN 64 379 540 010 and principal place of business of 72-76 Chandos Street, St Leonards, NSW 2065 Australia.
Accepting the Terms of Use
By using this Site, you confirm that you accept and agree to comply with the Terms of Use. If you do not agree to these Terms of Use, you must not use the Site.
We may update or revise these Terms of Use from time to time. Please continue to check the Site to ensure you understand the terms that apply at that time. If you continue to use the Site following any amendments posted by us to the Terms of Use, you accept those changes. You can check when these Terms of Use were last updated by referring to the “Last Updated” above.
How do we protect your privacy?
We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act). Our Privacy Policy contains details about how we collect, handle, use and share your personal information, and how you can complain about a breach of your rights to privacy under the Act and how any such complaint will be handled.
Using our Site
You may use the Site only in accordance with and subject to these Terms of Use. You must not knowingly or recklessly use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes or may have the effect of infringing the rights of 2MBS Fine Music Sydney or others.
Accuracy of the content of this site
The information on this Site is believed to be complete and reliable at this time of writing; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We cannot guarantee that our products and services are available at all times.
Intellectual Property
You understand that the content, materials and other components (including for example logos, graphics, button icons and page headers) available on the Site belong to 2MBS Fine Music Sydney, its content providers or its or their licensors, and are protected by copyrights, trademarks, service marks or other proprietary rights and laws around the world.
Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.
Unless agreed by us, you agree not to sell, license, rent, modify, alter, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. You also agree that you will not use the content and materials on the Site for any purpose not expressly allowed in these Terms of Use. You must not use any part of the content on our Site for commercial purposes.
Links to third party websites
Our Site contains links to other websites owned and operated by third parties. We have no control over these third party websites and we make no representations about the accuracy, content, legality or any other aspect of any information contained on those websites. We are not liable for the content on those websites nor do we endorse such content, products offered or services provided by any third party. Use of such third party websites is at your own risk and you should review the terms of use and privacy policies of all external websites that you visit.
Disclaimer, warranties and liability
As a consumer, you have certain rights under consumer protection laws (Consumer Rights). Nothing in these Terms of Use is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
We do not give any express warranty or guarantee as to the suitability, reliability or availability of our products and services, or of the content on our Site. Subject to your Consumer Rights, we do not give any implied warranties or guarantees.
To the maximum extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including indirect or consequential losses, however caused, in connection with your use of the Site or your use of or reliance upon any of the information, services or materials contained in the Site or provided by the Site to you. 2MBS Fine Music Sydney’s liability for all claims arising under or related in any way with these Terms of Use, no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed $200.
Engaging with 2MBS Fine Music Sydney
If you have any concerns or wish to raise any issues regarding the Site or your use of our products and services, please write to us using the General Query Contact Form or calling us on 02 9439 4777.
Website availability and access
We try our best to offer the Site without interruption however this may not always be possible and we may alter, suspend, or discontinue this Site in whole or in part, from time to time. We will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on the Site. However, you accept that it may not always be possible to provide such prior notice.
We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Site or your subscription account with notice, or without notice where there are serious grounds for doing so, for example if you breach these Terms of Use.
If at any time, we notify you that your access to and /or use of the Site or your subscription account is terminated, you must stop using or accessing our Site and/or your account immediately.
General
(a) Each paragraph of the Terms of Use operates separately. If any court or relevant authority decides any part of the Terms of Use is unlawful, the remaining paragraphs will remain in full force and effect.
(b) Any failure by 2MBS Fine Music Sydney to exercise or enforce any one or more of its rights under the Terms of Use will not constitute a waiver of such rights unless such waiver is granted to you in writing.
(c) We may assign or transfer our rights and obligations under the Terms of Use to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the Terms of Use.
(d) The Terms of Use are governed by the laws of New South Wales, Australia, and any dispute, difference or question arising out of or in connection with these Terms of Use, our Site or its contents shall be subject to the non-exclusive jurisdiction of the courts in and of the State of New South Wales, Australia.
Last updated in October 2022