Terms and Conditions of Sale

Corporate Partnership with Beyond Blue Australia
Yamaha Music Australia
ABN 84 004 259 527
Level 1, 80 Market Street, South Melbourne 3205

1. DEFINITIONS

1.1 In these Terms and Conditions, unless the contrary intention appears, the following definitions will apply:
Agreement means all relevant parts of the agreement for the provision of Goods and/or Services between Yamaha Music Australia and the Customer including (in the order of priority, in the event of any inconsistency):
(a) the Sale Particulars, invoices, order forms or other documents or statements describing the Goods and/or Services;
(b) these Terms and Conditions; and
(c) application for credit account.
Yamaha Music Australia means Yamaha Music Australia Pty. Limited ABN 84 004 259 527. Confidential Information means all information of a party which would reasonably be regarded as confidential, disclosed to the other party before or after the date of this Agreement, but does not include information which is in, or comes into, the public domain other than by a breach of this Agreement, or which is independently known to the other party as evidenced by its written records.
Customer means the signatory to the Sale Particulars to which these Yamaha Music Australia Terms and Conditions refer.
Goods mean the goods or equipment supplied by Yamaha Music Australia, as recorded on any Sale Particulars, invoices, order forms or any other document issued by Yamaha Music Australia.
GST means GST as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all rights conferred under statute, common law, equity and includes (without limitation) copyright, trademarks, designs, scripts, patents, semi-conductor or circuit layout rights or other such proprietary rights, or any rights to registration of such rights existing in Australia, whether created before or on or after the date of an agreement.
On Site is defined in clause 11.3(c).
Privacy Laws means all laws, regulations and guidelines relating to the handling of personal information including the Privacy Act 1988 (Cth) and the National Privacy Principles.
Purchase Price means the purchase price for the Goods and/or Services, as specified in the Sale Particulars.

1.2 In these Terms and Conditions, unless the context otherwise requires:
(a) headings will be ignored in construing these Terms and Conditions; and
(b) references to statutes include all statutes amending, consolidating or replacing such statutes.

2. OVERVIEW

Up to the 31st of October, any purchase from Yamaha Music Australia’s Home Entertainment online store will be subjected to a ‘donation option’ - Yamaha Music Australia will make a donation to Beyond Blue based on the customer’s selection from three Promo Code options applied upon checkout.
For our Returns Policy, please see here.
For warranty information, please see here.

3. DONATIONS TO CHARITIES

3.1 Yamaha Music Australia permit Customers the choice of their purchase for Yamaha Music Australia to make a monetary donation to a charity.
3.2 Yamaha Music Australia will pay the dollar amount specified in the order to the selected charity within 90 days of the date of purchase.
3.3 Members will receive an email confirming the redemption transaction for the donation, which will also be recorded in the Membership Account. Pursuant to taxation laws, Members are not entitled to a tax invoice, tax receipt or tax deduction for redeeming this promotion to make a monetary donation to a charity.
3.4 Donations are subject to any applicable legislative or other regulatory controls imposed by State and Federal Governments, whether existing now or at any time in the future.
3.5 Further details on the charities can be found at the Australian Charities and Not-for-profits Commission website at http://www.acnc.gov.au.

4. PURCHASE PRICE AND TERMS OF PAYMENT

4.1 Yamaha Music Australia will invoice the Purchase Price and any expenses (estimates of which will be provided upfront) to the Customer in accordance with this Agreement.
4.2 Regardless of any other provision in this Agreement, if GST is imposed on any Goods or Services supplied to the Customer under this Agreement, the amount which the Customer must pay for that supply is increased by the amount of that GST.
4.3 Where a variation in an existing or new government tax, duty or charge affects the cost of goods or services, Yamaha Music Australia may vary the price accordingly from the date of the government impost and the Customer must pay that additional amount.
4.4 Unless otherwise agreed, the Customer will make payment within 30 days of the date of the invoice.
4.5 Deductions (e.g. taxes, fees) are not permitted.
4.6 The Customer must not set off claims it may have against Yamaha Music Australia.

9. RISK

9.1 The risk of loss or damage to the Goods passes to the Customer upon dispatch of the goods from Yamaha Music Australia’ outlet.
9.2 In the event Yamaha Music Australia stores the Customer’s Goods for any reason, such storage will be at the Customer’s sole risk. Upon such storage, Yamaha Music Australia’ contractual obligation to deliver is deemed fulfilled.

10. CONFIDENTIALITY AND PRIVACY

The parties will:
(a) keep confidential the Confidential Information;
(b) use the Confidential Information for the sole purpose of performing its obligations under this Agreement; and
(c) not disclose the Confidential Information to any person other than those who need to know the Confidential Information.
10.2 Yamaha Music Australia agrees to comply with the Privacy Laws.

11. INTELLECTUAL PROPERTY

11.1 The parties agree that the ownership of the Intellectual Property Rights existing at the date of this Agreement will not be altered, transferred or assigned.
11.2 Yamaha Music Australia grants to the Customer a non-exclusive, non-transferable licence to use programs, related documentation and subsequent amendments exclusively in connection with the initial use of the Goods in accordance with this Agreement. The Customer has no further rights to the programs, relating documentation or subsequent amendments. Yamaha Music Australia remains the sole owner of the relevant Intellectual Property Rights.
11.3 The Customer must not make the programs and related documentation referred to in clause 15.2 available to third parties, nor (even for the Customer’s own purposes) copy or otherwise duplicate them, without Yamaha Music Australia’ prior written consent.
11.4 Source programs are available only by separate written agreement.

12. GENERAL

12.1 Nothing in this Agreement will be taken as giving rise to a relationship of employment, agency or partnership.
12.2 Yamaha Music Australia may, in its sole discretion, sub-contract the performance of any part of the Agreement to any third party.
12.3 Any term or provision of this Agreement will not be waived or varied in any circumstances unless expressly agreed in writing between Yamaha Music Australia and the Customer.
12.4 The Customer must not transfer or assign its rights and obligations under this Agreement without Yamaha Music Australia’ prior consent.