Press Kit Terms & Conditions
1. About the Website
1.1 Welcome to www.toastytunes.com.au/presskitform (The 'Website'). Press Kit Creation (the 'Services')
1.2 The website is operated by Toasty Tunes. Access to and use of the Website, or any of its associated Products or Services, is provided by Toasty Tunes. Please read these terms and conditions (the 'Terms') carefully. By submitting the form, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must contact Toasty Tunes immediately if the form has been submitted or choose not to submit the form.
2. Acceptance of the Terms
You accept the terms by clicking to agree in the option made available in the forms interface.
3. Registration to use the Services
3.1 In order to access the Services, you must first complete the Press Kit Form sent to you.
3.2 You warrant any information you provide to Toasty Tunes in the course of completing the form will be accurate, correct and up to date.
3.3 Once you have submitted the form, you agree to be bound by the Terms.
3.4 You may not use the Services and may not accept the Terms if:
(a) you are not of legal agate form a binding contract with Toasty Tunes; or
(b) you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services.
4.1 Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(a) Bank Transfer via Invoice
4.2 All payments made in the course of your use of the Services are made using said Invoice.
4.3 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
4.4 You agree and acknowledge that Toasty Tunes can vary the Services Fee at any time depending on your specific situation.
4.5 If no other written arrangements have been made, an invoice for $100 will be sent to the email address submitted in the form.
4.6 Payments must be made within 7 days of receiving the final press kit.
5. Refund Policy
5.1 Toasty Tunes will only provide you with a refund of the Services Fee if the manager of Toasty Tunes makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
7. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Perth, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
8. Venue and Jurisdiction
8.1 The Services offered by Toasty Tunes is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
9. Governing Law
9.1 The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
10. Independent Legal Advice
10.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
11.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.