TERMS AND CONDITIONS

1. Terms and Conditions

1.1 These Terms and Conditions govern the use of mana.com.au ("Website").  The Website is operated and managed by Mana Music Productions Pty Ltd (ABN 73 007 278 300) ("Mana Music").  Mana Music and its officers, employees, directors, subsidiaries and associates ("Mana Affiliates") provide their services to you subject to the following terms and conditions.

1.2 Please note that by accessing and browsing the Website, using any current or future service provided by the Website or purchasing any item from the Website, you agree to be bound by these Terms and Conditions.  The Terms and Conditions may be amended or updated at any time and such amendments will be immediately effective once they are posted.  Your continued access, browsing and use of the Website will signify your acceptance of any amendments to the Terms and Conditions.

2. Intellectual Property

2.1 Material on the Website comprises copyright material, trademarks, registered trademarks and other intellectual property which are the property of Mana Music and third parties.  Mana Music grants you a limited licence to access and make personal use of the Website and the material on the Website.  You shall not download (other than page caching), modify, reproduce or exploit the Website or material on the
Website without the express written consent of Mana Music.

2.2 You acknowledge and agree that any necessary software used in connection with the Website ("Software") contains proprietary and confidential information and is protected by applicable intellectual property and other laws.  Mana Music grants you a non-exclusive right to use the object code of the Software on a single computer provided that you do not and do not allow any third party to reproduce, modify,
reserve engineer or reverse assemble the Software.

3. Privacy Policy
Mana Music's Privacy Policy is incorporated into these Terms and Conditions and can be viewed at: [include URL]

4. Information Provided by You

4.1 If you purchase goods and services from the Website Mana Music may require you to provide your name, address, email address, credit card number or other details or to create an account to enable the processing of any further orders that you make or to enable you to access the services offered by the Website ("Customer Information").

4.2 You grant us a non-exclusive, worldwide, perpetual licence to use the Customer Information solely for the purpose of providing the Website's goods and services and in accordance with the Privacy Policy.

5. Accessing Your Information
If you create an account with Mana Music:

5.1 your Customer Information can be viewed and changed by you at any time if the information is incorrect or out of date; and

5.2 you will be able to edit your profile, view your past orders and remove your details from our members list.

5.  Information Security

5.1 Credit card related transactions are secured by our credit card processing provider eMatters which uses secure socket layer (SSL) software, which encrypts information you provide.

5.2 Information on the Website is protected by state-of-the-art firewall technology.

6. Ordering

6.1 Prices of goods and services, delivery and other charges displayed on the Website are current at the time of display.  These prices are subject to variation without notice.

6.2 Placement of an order by you constitutes an offer to enter into an agreement with Mana Music.  We will email you an order confirmation for the sole purpose of confirming the details of your offer.  Please note that our order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

6.3 Orders will not be despatched until payment in full has been received.

6.4 If you need to cancel an order, please contact us immediately on + 61 3 9646 4303.  Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed.  Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

6.5 Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to returns and exchanges.

6.6 Without limiting the operation of any other Terms and Conditions herein, Mana Music and Mana Affiliates are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

6.7 Products are usually dispatched within 72 hours of orders being placed although this may vary in busy times.  Orders shipped within Australia usually arrive within 5 working days of the order being placed.  Orders shipped to other countries from Australia usually arrive within 15 working days however this may vary if orders are held up by postage/customs delays.  In the event that the item ordered is not in
stock or dispatch cannot be made within 72 hours of receipt of the order we will advise you of any delay.  Shipping and handling charges will be added to your total.

7. Returns Policy

7.1 Customers who wish to return product to Mana Music should first email info@mana.com.au or fax +61 3 9646 6336 for authorisation.

7.2 Goods must be returned within 30 days of shipment arrival date. Please include your name, address, state, postcode, country, email address and contact phone number with your return.  All products must be clearly marked as defective, mis-shipped or damaged during shipping. Product will be exchanged for the same item or corrected item if mis-shipped, unless otherwise authorised.

7.3 The following items are non-returnable:

7.3.1 Any product without original artwork or liner notes;

7.3.2 Products not purchased from Mana Music;

7.3.3 Product with damaged artwork, with foreign substance(s) on the media and/or has been defaced and is not marked as defective;

7.3.4 Vinyl items.

7.4 All returns must be sent to Attention Returns, Mana Music Productions Pty Ltd, 117 Rouse Street, Port Melbourne, VIC 3207, Australia.  Please direct any questions relating to this policy to info@mana.com.au

8. Limitation of Liability
Any liability of Mana Music and Mana Associates in connection with any goods or services supplied to you will, subject to any liability which cannot be excluded under law, be limited at Mana Music Productions' discretion to:

8.1.1 in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

8.1.2 in relation to services, the supplying of the services again or
the payment of the cost of having the services supplied again.

9. Disclaimer

9.1 The information contained on the Website is provided in good faith and to the best of Mana Music's knowledge and belief is accurate and current.  Mana Music and Mana Associates do not make any representations or warranties that the information on the Website is accurate, reliable or complete; or that your access to the Website will be uninterrupted, timely or secure.

9.2 Mana Music and Mana Associates will not be liable for any loss, damages, claims or expense resulting from any action or decision by you in reliance on the information on the Website or the services provided, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

9.3 To the fullest extent permitted by law, Mana Music Productions disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.  Mana Music makes no warranty that the Website, any information or ideas contained on the Website or any products or services will meet your requirements.

10. Warranties
You warrant that any information provided by you to Mana Music and your activities on the Website shall not:

10.1 be false, inaccurate or misleading;

10.2 be fraudulent;

10.3 be defamatory or infringe any rights of third parties;

10.4 violate any law, statute or regulation.

11. Indemnity
You indemnify Mana Music and Mana Affiliates from and against any loss, cost, damages, liability arising out of or relating to any breach by you of these Terms and Conditions.

12. Termination
Mana Music reserves the right not to provide goods or services, terminate membership accounts, or cancel orders (or part thereof) at its sole discretion at any time.  Without limiting the operation of any other Terms and Conditions herein, Mana Music not be held liable for loss, costs, or damage arising from the exercise of these rights.

13. Virus Warning
All care is taken to ensure that the Website and data transmissions are free from viruses.  However, it is your responsibility to scan any all data for viruses.

14. Relationship of the Parties
Nothing in these Terms and Conditions shall constitute a partnership, joint venture or association of any kind or relationship of employer and employee between the parties or render any party liable for the debts or liabilities of any other party.

15. Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.