The Sounds Perfect website ("Website") is owned and operated by Sounds Perfect (ABN 49 029 771 136) ("Sounds Perfect"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Sounds Perfect reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website.

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Intellectual property and restrictions on use of Content on the Website

All information, text, material, graphics, software and advertisements on the Website ("Content") are Copyright ©2010 Sounds Perfect, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Sounds Perfect or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Sounds Perfect or an affiliate or which is prohibited by the Terms of Use.

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User licence to Sounds Perfect

By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Sounds Perfect a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Sounds Perfect and any other party authorised by Sounds Perfect all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Sounds Perfect, you will execute and deliver to Sounds Perfect such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

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Links to third party websites

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Sounds Perfect and Sounds Perfect is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Sounds Perfect provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Sounds Perfect or its affiliates. You link to any such website entirely at your own risk.

The product prices listed in the Product pages are the responsibility of the relevant retailer, distributor, wholesaler or any other proprietor of Products contained on the Sounds Perfect website and are accurate at the time the retailer, distributor,  wholesaler, or any other proprietor of Products contained on the Sounds Perfect website, notifies Sounds Perfect. They are subject to change without notice by the retailer, distributor, wholesaler or any other proprietor of Products contained on the Sounds Perfect website. Sounds Perfect is not liable for the Product prices, or price changes. Your purchase of any Products listed or promoted by any distributor, wholesaler or any other proprietor of Products contained on the Sounds Perfect website is subject to the Sounds Perfect terms of use.

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Disclaimer and limitation of liability

The Trade Practices Act 1974 (Cth) and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Sounds Perfect of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Sounds Perfect does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) all Content is provided "as is" and without warranties of any kind, either express or implied;

b) Sounds Perfect and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;

c) Sounds Perfect does not warrant that the functions contained in any Content or any User Generated Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;

d) Sounds Perfect does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and

e) you (and not Sounds Perfect) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of Sounds Perfect) will Sounds Perfect or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Sounds Perfect does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Sounds Perfect's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Sounds Perfect to the following:

a) in the case of services supplied or offered by Sounds Perfect:

(i) the supply of the services again, or

(ii) the payment of the cost of having services supplied again; and

b) in the case of goods supplied or offered by Sounds Perfect;

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

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Termination

The Terms of Use are effective until terminated by Sounds Perfect, and Sounds Perfect may terminate this agreement and your access and/or membership to the Website at any time without notice. In the event of termination, you are no longer authorised to access and/or remain a member of the Website, but all restrictions imposed on you, licenses granted by you and all Sounds Perfect disclaimers and limitations of liability set out in the Terms of Use will survive.

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Trademarks of Sounds Perfect and its affiliates

The trademarks listed below are trademarks of Sounds Perfect or its affiliates (as indicated). All other trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of Sounds Perfect, the relevant Sounds Perfect affiliate or third-party owner.

Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant Sounds Perfect website, but such use requires the express written authorisation of Sounds Perfect or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

Sounds Perfect: Sounds Perfect, the Sounds Perfect logo.

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Specific Terms of Use for User Generated Content

The Website contains electronic product review message boards, blogs, and other user generated content which provide for feedback by users to Sounds Perfect, real-time interaction between users (including individuals referred to as members) and other electronic messaging and notice services ("User Generated Content").

1.Your use of User Generated Content

It is a condition of your use of any User Generated Content and your access to the Website that you do not do any of the following:

(a) restrict or inhibit any other user from using or enjoying any User Generate Content or any other material or forum;

(b) post or transmit any User Generate Content or other material:

(i) which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;

(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;

(iv) of any kind which contains a virus or other harmful component;

(v) or in any way exploit any material for commercial purposes or which contains any promotional material or advertising;

(vi) which is an invasion of any privacy or publicity rights; or

(vii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability

(c) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and

(d) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

2. Sounds Perfect’s Rights

(a) Sounds Perfect may from time to time monitor or review the contents of User Generated Content. While Sounds Perfect reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Sounds Perfect's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Sounds Perfect has no obligation whatsoever to monitor any User Generated Content or to edit, delete or refuse to post such contents, nor is Sounds Perfect responsible for any User Generated Content (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website are solely their own). You expressly acknowledge and agree that the User Generated Content provides a means of public and not private communications.

(b) Sounds Perfect retains the right and discretion to terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these terms or conditions.

(c) Sounds Perfect reserves the right to cooperate fully with the laws of New South Wales, Australia in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.

3. Disclaimer and Indemnities

(a) You acknowledge that the comments or opinions contained in the User Generated Content are not the comments or opinions of Sounds Perfect, and Sounds Perfect accepts no liability in relation to material posted including its content or accuracy.

(b) You agree to fully indemnify and hold harmless Sounds Perfect and its related entities against liabilities, claims, loss (including consequential loss) or damage incurred:

(i) due to your reliance on any User Generated Content; or

(ii) as a result of material you post or as a result of any breach by you of these terms and conditions.

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Sounds Perfect relies on your continued observance of these Terms of Use.

If Sounds Perfect suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Sounds Perfect for those losses, damages and costs.

All rights not expressly granted herein are reserved.

Sounds Perfect Privacy Policy

Sounds Perfect ("Sounds Perfect") is a business registered in Australia. Any information provided through our site may be collected and used both by Sounds Perfect, governed by the Sounds Perfect Online Privacy Statement, and by Sounds Perfect, governed by this privacy policy.

This statement sets out Sounds Perfect's policies relating to the collection and use of your personal information. It applies to your conduct on the Sounds Perfect website (the "Website"). These policies are in addition to Sounds Perfect's general Terms of Use governing the Website and should be read in conjunction with such Terms of Use.  

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Your personal information is important to us

We recognise that your privacy is very important and that you have a right to control personal information. We know that providing personal information is an act of trust and we take that seriously. The following sections set out how we handle and protect your personal information and safeguard your privacy.

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Sounds Perfect Membership

Sounds Perfect has implemented a membership system which offers a more rewarding and personalised Website experience ("Membership"). To become a member and obtain the full benefits of Membership, you register your details with us and log in as a member each time you visit the Website. The benefits of Membership include: access to membership areas; e-mail newsletters; interactive tools and services. Also, to keep you up to date with what’s happening on the Website, we'll send you member only offers from our selected partners and regular updates of our products and services.

At sign-up, you will be prompted for information such as your e-mail address, password, security check, country, state and postcode.

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How we collect information about you

There are five main ways we collect information about you:

If you are not or do not log in as a Sounds Perfect member
Whenever you visit the Website, our servers automatically record information about your usage of the Website, such as the time of the visit, its duration and the pages you visit. This is to help us understand what parts of our Website our users enjoy the most and to help us ensure that advertisements on the Website are most directly relevant to your interests. If you have not identified yourself on the Website, such as by registering for Membership or logging in as a member, the information we collect about you remains anonymous.

If you log in as a Sounds Perfect member
Once you have become a Sounds Perfect member, we collect personal information about you in order to provide you with the full benefits of Membership. When you first register for Membership, we collect information from you such as your e-mail, name and suburb, and will continue to add to your member profile as you interact more on the Website, for example, if you subscribe to our newsletters.

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How we preserve your privacy

We understand that even with our Privacy Policy, some people will not feel comfortable disclosing personal information in order to become a Sounds Perfect member. If you don't feel comfortable disclosing your real identity but still want to take advantage of Sounds Perfect Membership, you can register for Membership using a pseudonym (or "nym") - a different name. This way, you choose your own nym, which might be "Joe Bloggs" or "Jane Doe", and that's what we will call you. We won't know who you really are, but we will still be able to find out what you like most on our Website and therefore give you the most enjoyable and customised experience of the Website possible.

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Our use of cookies

Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Most web browsers are set to accept cookies. However, if you do not wish to receive any cookies, you may set your browser to refuse them. In some instances this may mean you will not be able to take full advantage of parts of the Website.

The use of cookies can enhance your enjoyment of what we offer, because they help us personalise your experience of our Website by providing information which is most relevant to your interests. Cookies provide us with aggregated information on how users interact on our Website, track which advertisements are effective and help us improve your Website experience. We also use cookies to operate the Membership system, as they help us identify visitors to the Website who have previously registered. Cookies do not personally identify you, but your browser.

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How we use and disclose your information

We will not disclose any information about you without your consent unless it is:

• Required by law;
• We believe it necessary in order to provide you with a service which you have requested;
• We suspect that your use of the Website is in breach of the Terms of Use;
• To protect the rights or property of Sounds Perfect, any Sounds Perfect user or any member of the public; or
• To lessen a serious threat to a person's health or safety.

We will never share your personal information with a third party or allow a third party to promote its products and services directly to you without your explicit consent.

In order to operate the Website or deliver a service you have explicitly requested, we sometimes share your personal information with an affiliate or with a service partner.

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Communicating with Sounds Perfect members: service messages and promotional messages we send to you

We send our members service e-mails which contain important information about updates, changes and developments on the Website, such as if we take down a service which we know you are currently using, or, if we have improved a service and want to communicate its new functionality to you. For you to continue to make the most of what’s available on the Website, it is essential that we send these communications.

From time to time, we will send you member-only offers from our carefully selected partners, e-mail newsletters to which you have subscribed.

You can manage the type of information you receive from us by:

• updating your Membership profile; or
• unsubscribing from the message you receive.

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How we store your information and keep it secure

We will take all reasonable steps to keep secure any information we hold about you and to keep this information accurate and up to date.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

You can also play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on the Sounds Perfect Website. Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

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How you can access your information

If you are a Sounds Perfect member, you can access, change and update your Membership profile at any time on the Website. If you wish to know what other information we have gathered about you while you have been logged in to the Website, you can request this information via email. We will best endeavour to respond to your request within seven days.

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What happens on Sounds Perfect links to other websites

We provide links to websites outside the Website. These linked sites are not under the control of Sounds Perfect and we do not accept responsibility for the conduct of companies linked to our Website. Before disclosing your personal information on any other website, we advise you to read the terms and conditions and privacy policy of that website.

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What to do if you have a problem or question

If you make us aware of any ongoing concerns or problems with our Website, we will take these issues seriously and work to address these concerns.

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Changes to the Privacy Policy

Our commitment to make Sounds Perfect a leading hi-fi service and product provider means that we are constantly adding new sites and features to the Website. We will continuously review our Privacy Policy to ensure that it protects your privacy while supporting your user experience on the Website. We encourage you to keep visiting our Privacy Policy to see if any updates have been made.

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Consent

By using this site, you consent to the collection and use of this information by Sounds Perfect. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

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Further information on privacy

For more information about privacy issues in Australia, visit the Australian Federal Privacy Commissioner's website.