Welcome to Rockin' 4 The Homeless on the web!
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms and conditions are accepting our services under the terms of this agreement.
It is you obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1. Our services:
- Ability to purchase products that are listed for sale
- Information and imagery about bands related to Rockin' 4 The Homeless
- Ability to download audio files and other digital media
2. Using our services and website:
2.1 Eligibility of children under 18
Rockin' 4 The Homeless will only knowingly provide products and services to persons who can lawfully enter into and form contracts under applicable law.
2.2 Definitions and interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future.
- A person means any form of legal entity as well as any quasi-legal entity.
- A user means any person using the website and/or services provided.
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3. User's obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
1. All telecommunications lines, modems, communications controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use this website and services;
2. The use that it makes of this website, including any article, material, literary or artistic work, design or other;
3. complying with all laws, regulations and rules in the users country or jurisdiction;
4. complying with any recommendations or guidelines issued by Rockin' 4 The Homeless with respect to the use of the website and/or services and;
3.2 Restrictions on users
Users shall not and have no right to either:
1. Reproduce, publish, distribute, sub-license and/or resell either the website and/or service to any person; or
2. Use either the website to supply any service to a person; or
3. Modify, adapt, disassemble, recompile, and/or reverse engineer either the website or service;
4. Access or use either the website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
1. infringes the rights of any person, including, without limitation, intellectual property rights, trade secrets, rights of privacy and publicity.
2. is libellous, defamatory or slanderous.
3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs.
4. contains explicit sexual content.
5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
6. is designed to or does harass, threaten, defame or abuse others,
7. exploits images or the likeness of minors,
8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
9. is generally offensive or in bad taste;
5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services;
6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the website and/or it's platform
7. take any action that imposes any unreasonable or disproportionately large load on the website or the service;
8. use a robot, spider or other device or process to monitor the activity on or copy pages from the website or service;
9. collect electronic mail addresses or other information from our website;
10. impersonate another person or entity;
11. engage in any activity that interferes with any persons ability to use or access the website and/or services; or
13. frame or link or otherwise use or display the website in such a manner so that it appears to be part of it's own or someone else's website, without specific agreement.
4. Rockin' 4 The Homeless Obligations
4.3 Training: User acknowledges that Rockin' 4 The Homeless has no obligation to user to provide any training or other support in relation to the use or operation of the website and/or service.
4.4 Modification of the website: Rockin' 4 The Homeless reserves the right to modify the organization, structure, content or "look and feel" of the website and/or the services, and may change, suspend, or discontinue any aspect of the website and/or service at any time without notice or any liability to user or any person. Rockin' 4 the Homeless shall have complete discretion over the features, functions and other terms and conditions on which the website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that Rockin' 4 The Homeless does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the website and/or the services in a way that infringes, or is likely to infringe, the intellectual property rights, or any other rights or privileges, of any person anywhere in the world.
User account, password, and security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Rockin' 4 The Homeless of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rockin' 4 The Homeless cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to Rockin' 4 The Homeless that, in its use of the Website and the Services provided, it:
1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
2. will comply with all applicable laws, rules, and regulations.
3. User further represents and warrants to Rockin' 4 The Homeless that:
4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
5. Rockin' 4 The Homeless will not be required to make any payments or compensation to any person in connection with its use of such content; and
6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Rockin' 4 The Homeless warranties
1. be uninterrupted or free of errors and inaccuracies;
2. meet users requirements; or
3. operate in the configuration or with the hardware or software used by user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided. Rockin' 4 The Homeless does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Rockin' 4 The Homeless is not liable. Rockin' 4 The Homeless does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY ROCKIN' 4 THE HOMELESS, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
1. any third party;
2. actions of user that were not expressly authorised by Rockin' 4 The Homeless;
3. accident, misuse or abuse by anyone other than Rockin' 4 The Homeless;
4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Rockin' 4 The Homeless;
5. products (including any hardware or software) or services not licensed or supplied by Rockin' 4 The Homeless;
6. power surge or failure,
7. events of force majeure or events outside Rockin' 4 The Homeless actual control; or
8. any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Rockin' 4 The Homeless has been advised of the possibility of any particular loss or damage.
Rockin' 4 The Homeless may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Rockin' 4 The Homeless is not responsible for the operation of or content located on any such website, and Rockin' 4 The Homeless cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Rockin' 4 The Homeless for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
Rockin' 4 The Homeless is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
1. What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including correspondence, by telephone, by email, via our website www.r4th.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
2. Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
3. Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
4. Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
5. Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
6. Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Rockin' 4 The Homeless will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
7. Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
8. Policy Updates
This Policy may change from time to time and is available on our website.
1300 199 111