Terms & Conditions

By accessing, using or browsing on this website, or by continuing to do so, you expressly accept and agree to be bound by these Terms. In accepting these Terms, you agree that these Terms and our Privacy Policy will apply whenever you access or use this website.Nicholas John Parnell in his own personal capacity and trading as Nick Parnell Percussion Academy ABN 57 938 174 799 (“Parnell”, “we” or “us”) may amend these Terms from time to time. Your use of the website after Parnell makes amendments to these Terms will oblige you to comply with these Terms as amended. However, we will not change any terms and conditions for an existing order for Goods that has been accepted by us. The terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order for Goods.

  1. Sale of Goods on website
    1. You must possess a valid credit or debit card to place an order for sheet music, compact discs, musical instruments or other goods offered for sale by Parnell (“Goods”) on the website.
    2. Parnell will supply the Goods to you on these Terms.
    3. You must pay for the Goods at the time you place an order for the Goods on the website. After you place an order for Goods, you will receive an email confirmation from Web Active Corporation Pty Ltd trading as eWAY ABN 32 086 209 403 or such other payment platform engaged and authorised by Parnell (“eWAY”) containing your order details.
    4. We will attempt to send your Goods via Australia post or courier (as appropriate) within 14 days. However, if the Goods are unavailable delivery may be delayed. Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or circumstances outside the control of Parnell for which Parnell will not be responsible. If you wish to query a delivery, please contact Parnell at [email protected].
    5. Parnell uses the eWAY Payment Gateway for its online credit card transactions. All online credit card transactions performed on this website using the eWAY Payment Gateway are secured payments. Further information about eWAY and online credit card payments is available at www.eWAY.com.au.
    6. If the Goods are damaged when you receive them, please email us at [email protected] within seven days after you have received them so that we can resolve any problems. This refund policy does not apply to Goods which have been used, damaged after delivery, if any attempt has been made to alter the Goods or if they have been dropped or broken. No refunds will be given if you have simply changed your mind. All Goods must be returned in their original condition. All postage and insurance costs are to be paid by you. Parnell recommends that you return the Goods via registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit and Parnell advises you to take out shipment registration of insurance with your postal carrier. Parnell will not be responsible for parcels lost or damaged in transit for which you chose not to insure.
  2. Hire of instruments on website
    >Any hire of instruments from Parnell ordered on the website will be in accordance with the Hire Terms available at nickparnell.com/marimbahire.
  3. Intellectual property
    1. All intellectual property in this website and in the Goods, including copyright, any trade marks and any other intellectual property rights in or associated with this website and the Goods is owned or licensed to Parnell.
    2. You must not do or allow any third party to do anything which may infringe, damage or endanger Parnell’s intellectual property rights or the intellectual property rights of a third party in respect of the website and the Goods.
  4. Privacy
    1. Parnell will collect, hold and use your personal information in accordance with its Privacy Policy available on the Website. Parnell’s Privacy Policy sets out:
      1. the purposes for which your personal information is collected;
      2. the consequences if your personal information is not provided to Parnell;
      3. the third parties to which Parnell discloses your personal information;
      4. how you may seek access or correction of your personal information;
      5. whether your personal information is likely to be disclosed to overseas entities and in which countries; and
      6. how you can complain about a breach of Parnell’s obligations in respect of your personal information and how such a complaint will be dealt with.
  5. Security
    1. Parnell takes all reasonable steps to ensure the security of its systems. Any information which we hold for you is stored on secure servers. In addition, Parnell’s employees and the contractors who provide services relating to its information systems (as applicable) are obliged to respect the confidentiality of any personal information held by Parnell. However, Parnell will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on behalf of Parnell.
    2. The website may contain links to other websites. Parnell is not responsible for the privacy practices or the content of such websites. Parnell accepts no responsibility for any liability that may arise from your use of a third party website.
    3. Parnell exercises all due care to ensure that your information is secure on its system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. Parnell accepts no liability (subject to any negligence or breach of law on behalf of Parnell) that may arise if any other persons obtain the information you submit to the website.
  6. No representations and warranties
    1. To the maximum extent permitted by law, Parnell does not provide any representations or warranties relating to the website, its availability or the Goods.
    2. Parnell will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within the reasonable control of Parnell. Parnell will use commercially reasonable endeavours (taking into account Parnell’s internal standards written or otherwise adopted) to maintain the performance of the website where this is within Parnell’s direct control.
    3. Parnell does not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.
  7. Risks and release from liability
    To the maximum extent permitted by law:

    1. Parnell accepts no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website; and
    2. you release Parnell from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against any Parnell in respect of, arising out of or resulting from access, attempted access or use of the website.
  8. Third party data
    Parnell is not responsible for the content of any data on or accessed through the website that is not originated by Parnell. Parnell exercises no direct supervision or control over the content of such data. Parnell does not assume any responsibility for data not actually provided or expressly authorised by it. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
  9. Acceptable uses
    You must use the website responsibly and within the law. It is your responsibility to:

    1. use the website in a manner which does not violate any applicable laws or regulations;
    2. respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;
    3. respect the privacy of others;
    4. use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;
    5. refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and
    6. use the website lawfully, ethically and in accordance with accepted community standards.
  10. Unacceptable uses
    1. You must not use the website in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
      1. violate copyright, trademark or other intellectual property rights;
      2. illegally store, use or distribute software owned by or licensed to Parnell;
      3. transmit threatening, obscene or offensive materials;
      4. discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      5. misrepresent or defame others;
      6. commit fraud;
      7. damage, modify or destroy any of Parnell’s or any other person’s files, data, passwords, devices or resources;
      8. make an unauthorised transmission of confidential information or data protected by trade secrets;
      9. engage in misleading or deceptive on-line practices;
      10. impersonate any person, or misrepresent your identity or affiliation with any person; or
      11. attempt to do any of these things.
    2. You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:
      1. distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
      2. send unsolicited commercial messages;
      3. initiate or spread computer worms, viruses or other types of malicious programs;
      4. make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or
      5. harass or impersonate Parnell, the website or other users of the website;
      6. engage in conduct which causes a threatened or actual nuisance to other users of the website; or
      7. violate or attempt to violate the security of the website.
  11. Parnell’s rights
    1. You will indemnify Parnell against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that Parnell suffers or incurs as a result of any breach of these Terms by you.
    2. Without limiting any of Parnell’s other rights, if you breach any term of these Terms, Parnell will have the right to:
      1. require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;
      2. suspend or terminate your access to the website; and
      3. take any other action against you.
    3. These Terms are governed by and are to be interpreted pursuant to Australian law and users of the website submit to the exclusive jurisdiction of Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.
  12. What Parnell may do to ensure that these Terms are being followed
    1. Parnell may (but is not obliged to) monitor your use of the website to determine whether these Terms are being followed. If Parnell monitors your use, Parnell will safeguard your privacy unless doing so would involve Parnell concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
    2. If Parnell becomes concerned that your use of the website may break the law or that you have not complied with these Terms, Parnell will generally attempt to contact you before taking action (if possible).
    3. If Parnell believes that your use of the website may break the law or that you have not complied with these Terms Parnell may:
      1. notify you by email (if possible);
      2. suspend or terminate your access to the website without notice; and/or
      3. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
  13. Limitations
    1. Whilst Parnell will make all commercially reasonable efforts to post a prior warning on the website, Parnell may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that Parnell will use commercially reasonable endeavours (taking into account Parnell’s internal standards written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.
    2. Without notice to you, Parnell may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.