1. Terms & Conditions
1.1 The terms and conditions set out in these Service Conditions and Terms of Sale (Terms)) apply to the Movement in Time Pty Ltd Service (Service) namely the facility from the Zova Website which provides for users of the Zova Website (You or Your) to: (a) preview certain materials over the internet accessed through the Zova Website; or (b) purchase from Movement in Time Pty Ltd (Zova, We, Our or Us) Files by the download or transfer of Files licensed for use in accordance with these Terms. 1.2 In these Terms, File (File) means any downloadable files (in whatever software language or code) which can be downloaded from the Zova Website through the internet once You have paid the advertised purchase price for that File. You agree to use the Service and acquire the Files on these Terms each time You use the Zova Website and each time You stream a preview or download a File. 1.3 We do not provide refunds unless downloaded Files are faulty. You are required to ensure that all files downloaded from this site are correctly downloaded and saved to Your player. 1.4 From time to time, We need to be able to change these Terms to reflect Our changing business. We may change these Terms at any time by posting the changed terms on the Zova Website. Any change in the Terms will not affect previous purchases of Files from Us. 1.1 Prices may change at any time. We will charge You the price that applies and is displayed at the time You purchase the File. Availability of Files may change at any time. 1.2 It is Your responsibility to ensure that all necessary hardware, software and internet access to use the Service and download Files is available to You. 1.3 You must only access or download (or attempt to access or download) content on Zova Website in accordance with these Terms and the Terms of Use. 1.4 On the Service, there may be links to content or websites of third parties. We are not responsible for anything to do with those links or websites or that content. 1.5 The agreement created each time You use the Service or download Files is governed by and construed in accordance with the laws of Queensland and You agree to submit to the jurisdiction of the courts of Queensland. 1.6 If any of the Terms are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms. 1.7 Events outside Zova's control will not be a breach of Zova's obligations under these Terms to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance outside of Zova's reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority. 1.8 You must pay the charges specified for Your downloads of Files (Charges) using the Service, by using Our nominated payment service PayPal. 1.9 You (a) must have sufficient available credit on Your credit card so that the Charges can be processed; (b) must enter Your credit card details directly into the linked website of PayPal (You may view PayPal's policy in relation to any information that You give to PayPal on the PayPal website); and (c) agree that if Your payment of the Charges by credit card is not received by PayPal or if the payment is subsequently dishonoured or charged back to Us, You are personally liable to Us for the amount You owe Us for any Charges and any resulting charges or costs which We may incur. 1.10 We may obtain information from PayPal in relation to any purchases You make. We will handle any information that We do obtain from PayPal in accordance with applicable laws and Our Privacy Policy, as amended from time to time. 1.11 Unless You are entitled to a refund because We have a liability to You arising under law (see section 3) or We otherwise decide that You are entitled to a refund, Our policy is that refunds are not available.
2. Licence 2.1 All intellectual property related to the Service and the Files (and in particular the content which is contained in a File including the performance of a musical work) belongs to Us or Our licensors. You must not do anything with the Service or a File that is not expressly authorised by these Terms. 2.2 On the downloading of a File, You are permitted to do certain acts and You are granted a non-transferable licence to use the File for personal, non-commercial use: (a) You are expressly permitted to: (i) download the File a reasonable number of times on up to 3 stand-alone playback devices owned by You; and (ii) copy the File an unlimited number of times to up to five portable playback devices owned by You. (b) You must not: (i) infringe the rights of the owners of the copyright in the Files and must comply with all applicable laws in Your use of the Files; and (ii) synchronise, publicly perform, use in any way for promotional purposes, commercially sell, resell, reproduce, communicate or distribute Files, or use the Files in any way other than for Your personal, non-commercial entertainment use; (iii) do anything with the File that is not authorised in 2.2(a) above (including re-sale, rental or allowing or assisting anyone else to do the same); (iv) attempt to circumvent or modify any technological measure used on the File (or allow or assist anyone else to do the same); and (v) use or reproduce any Files unless You have paid Us and the payment is not dishonoured or charged back to Us. 2.3 You must not do anything with previews available as part of the Service other than streaming it. Specifically, You must not attempt to circumvent or modify any technological measure used to prevent reproductions or downloading of the previews available as part of the Service (or assist anyone else to do the same).
3. Liability 3.1 We do not accept liability for loss arising out of Our supply of the Files except to the extent that We are required to by law (such as state fair trading legislation and the Trade Practices Act 1974 (Cth)). In particular, except to the extent required by law, We do not accept, and exclude, liability for: (a) any business losses, or losses of data or profits; or (b) any other direct, indirect or consequential losses or damage, which You may suffer in connection with Our supply, non-supply or defective supply of the Service, even if We have been negligent. 3.2 The Trade Practices Act 1974 (Cth) would require Us to accept liability to consumers where: (a) We fail to supply the Service and/or the Files with due care and skill; (b) the Files We supply in connection with the Service are not reasonably fit for the purpose for which they are supplied; or (c) We have breached a condition or warranty that is implied (and cannot be limited or excluded) by the Trade Practices Act 1974 (Cth) into an agreement for the provision of the Services or the File.
4. Meaning of Words In these Terms of Sale words that are defined in Our Terms of Use have the same meaning in these Terms, unless expressly stated to the contrary.