Terms & Conditions

The following terminology applies to these Terms and Conditions, Privacy Policy and any or all Agreements:

• “The company”, “ourselves”, “our”, “we”, and “us”, refers to our company, DrummingMad. DrummingMad as a business entity will, at times, be referred to as ‘DM’.

• “User”, “client”, “customer”, “You” and “Your” refers to you, the person accessing this website and accepting DrummingMad’s terms and conditions.

• “Visitor” or “Guest” – Visitor (also referred to as Guest) refers to users who do not register with DrummingMad, but want to explore the website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the websites; purchase products as a “guest” without login; and (ii) email us.

• “Registered Users” – Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through our website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the website; (iv) post comments and other content on the website (collectively, “Registered User Content”); (v) sign up for alerts and other notifications; and (vii) become part of the DrummingMad International community.DrummingMad is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, DrummingMad may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

• “Party” or “Parties”, refers to both the user and ourselves, or either the user or ourselves.

• All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner, whether by formal meetings of a fixed duration (in person {physical} or virtual {online}), or any other means, for the express purpose of meeting the user’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law.

• Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

• Stocked items sold by DrummingMad will be referred to as “products” or “goods”. Any references to these goods do not include any promotional items or gifts.

Our Business Details Are:

DrummingMad

ABN 62 101 828 475

P.0. Box 107

Dee Why, NSW 2099

Australia

Email: info@drummingmad.com

DrummingMad is here to promote positive interactions and growth within the Pipe Band Community. As such we expect our users to follow a few simple rules to ensure a positive and helpful environment for all. By accessing and/or using the Website, you agree to comply with these guidelines (the “Comments and Posting Guidelines”) and that:

• You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
  • You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

• You will not “stalk,” threaten, or otherwise harass another person;

• You will not spam or use the Website to engage in any commercial activities;

• If you post any Registered User Content, you will stay on topic;

• You will not access or use the Website to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;

• You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

• You will let us know about inappropriate content of which you become aware. If you find something that violates our Comments and Posting Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Comments and Posting Guidelines.

You expressly acknowledge and agree that once you submit your comments and posts, including images, photographs, and any files, (hereby referred to collectively as “User Content”) for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT DRUMMINGMAD, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a nonexclusive, royalty-free, freely sub-licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related User Content permitted by the previous sentence and/or to advertise and promote the Website, DrummingMad, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit User Content to DrummingMad, each such submission constitutes a representation and warranty to DrummingMad that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the user content under the prior paragraph, and that it and its use by DrummingMad and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Comments and Posting Guidelines.

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”, or “User Name”), a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password or Sign-In Name, at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. DrummingMad will not be liable for any loss or damage caused by any unauthorised use of your account.

Copyright and other relevant intellectual property rights exists on all Content relating to DrummingMad’s services, products, and the full content of this website.

The Website contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of DrummingMad (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Australia and foreign laws. Unauthorised use of the Content may violate copyright, trademark, and other laws.

Where we have sourced information, content and/or graphics, the appropriate credit to the owner of the original content will be indicated and listed.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of DrummingMad. DrummingMad retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without prior written consent from DrummingMad.

The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of DrummingMad used and displayed on the Websites are registered and unregistered trademarks or service marks of DrummingMad. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.

None of the Content may be retransmitted without our express, written consent for each and every instance.

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DrummingMad respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

To notify of any claimed Infringement which may be given under Copyright Law, contact us through the details below:

DrummingMad

ABN 62 101 828 475

P.0. Box 107

Dee Why, NSW 2099

Australia

Email: info@drummingmad.com

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide notice in accordance with the requirements of the Law, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

Email us at any time at info@drummingmad.com or fill out the form on the Contact Us page and we will endeavour to answer your questions or technical issues as quickly as possible.

As consideration for any purchase you make on the Website, you shall pay DrummingMad all applicable fees and taxes. We (or our third-party payment processor) shall authorise your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in Australia, all payments will be charged and made in AU dollars. If the mailing address you provided us is outside of Australia, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorised disclosure or use of your Sign-In Name or Password). You hereby authorise DrummingMad to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Payment from purchases made through the DrummingMad website are automatic upon purchase confirmation. All goods remain the property of the DrummingMad until paid for in full. Goods will not be despatched until payment has been approved by your credit provider or PayPal or other Credit Card organisation.

Ownership and title to the goods shall not pass to you and shall remain with DrummingMad until such time as the goods have been paid in full.

Payment option is PayPal. Credit cards may be used via PayPal.

• All purchased goods through the DrummingMad website will be shipped with carriers of our choice. Delivery costs will be notified at the website checkout where you will be able to select your preferred method of shipping from a range of options available to your location. Additional freight charges will apply for large items and/or shipping to remote areas. You will be notified by DrummingMad of any additional charges prior to goods being despatched.

• All promotional goods supplied at no charge or at a discounted rate will be subject to a freight charge unless otherwise stated.

• We strive to ship all orders the day they are placed but cannot guarantee delivery times. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

• We aim to deliver the goods to you at the place of delivery requested by you in your order. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

• You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

• If you are not available to take delivery or collection, the delivery agent may leave a card giving you instructions on either re-delivery or collection from the carrier. Responsibility lies with you and not DrummingMad to arrange alternative collection or re-delivery with the delivery agent.

• Delivery Times – Australia
  • Delivery time takes up to 5 working days within Australian metropolitan areas, and up to 10 working days for non-metropolitan areas, from the date your payment is received.

• Delivery Times – International
  • Wherever possible, DrummingMad prefers to support local business. We have partnered with selected high quality small businesses around the world to produce some of our goods such as T-Shirts and Books. While this does mean there can be slight variations in product due to different suppliers, it also means that delivery will not always need to come from Australia – cutting down on both cost and time for your international order. We will confirm delivery timeframes for international orders shortly after your payment has been received. Alternatively, please feel free to contact us for more information on a product’s delivery timeframe to your location.
  • For International purchases that do need to be sent from Australia, delivery time after payment processing may take up to 6 weeks, depending greatly on location.

• In instances where there are 3rd party supplier delays, DrummingMad will contact you via email where possible. However, DrummingMad takes no responsibility for any delays associated with any 3rd party delivery service.

• DrummingMad makes every effort to deliver your product according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

• Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your goods have not arrived after the estimated delivery time, please contact us.

• Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no-one is available to take delivery of your products, our carrier may leave a card so you can pick-up your product from the nominated depot. Where delivery is by our courier service and no-one is available to take delivery, they may leave a card requesting you to telephone them to arrange a suitable time and date for delivery. Responsibility lies with you and not DrummingMad to arrange alternative collection or re-delivery with the delivery agent. Any costs incurred to redirect shipments will be at the customers cost.

• We will use our reasonable efforts to deliver your products to you within the estimated delivery time, however, we do not guarantee that we will deliver within this time frame.

• Title and risk of loss to all products will pass to you on delivery.

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Acceptance of Terms of Trade

Once products are ordered, this constitutes acceptance of our terms of trade, including the Shipping Policy.

Products from the website shall be charged at the price listed on the website on the date of purchase. Should item be out of stock the company can at its discretion charge a price different to that when the order was processed, in this instance the customer will be notified of any price changes.

We want to guarantee the satisfaction of the customers we serve. Notify us immediately if there is a problem with your order.

• All claims for shortages or incorrectly sent products must be made within 14 working days after receipt of goods.

• Request for returns of faulty product/s must be in writing/email and authorised in advance.

• We do not accept returns of promotional gift items.

• Any goods purchased from DrummingMad which are not defective cannot be returned for a refund. In the case where a customer incorrectly selects goods or changes their mind, please notify us within 14 days and an exchange of product will be offered. Shipping fee will apply to the replacement product and if the product price is higher than the original product, the balance will be charged. In the event where the replacement product is cheaper, the balance will be refunded, less the shipping fee.

• Any goods returned must be in original packaging and unopened. Clothing must have all tags and labels intact and be in original, unworn condition.

• No goods where a free gift was received can be returned under any circumstances unless the primary good has a defect.

DrummingMad is entitled to make any modifications to any existing or future goods that it thinks necessary or reasonable but without incurring any obligations to make such modifications to any goods already sold, provided however that the goods as modified shall thereafter be the goods for the purpose of this agreement.

• DrummingMad reserves the right to change or discontinue any promotion at any time without notice.

Conditions on Promotional Goods and Shipping

• DrummingMad will provide advertised promotional goods when available, however reserves the right to substitute advertised promotional goods of the same comparative value in the event that stock is not available.

• Advertised prices do not include shipping costs on the product or free gift, which may vary based on a customers location.

• DrummingMad, may at its discretion, offer the customer an alternative promotional item of higher value, however the customer will be liable to pay a difference at the company’s request.

• Promotional related goods will only be available until stock runs out. In the event that stock has run out DrummingMad will attempt to make an alternate product available but does not guarantee an alternate product will be found and supplied. Additional freight charges will apply for large items and/or shipping to remote areas. You will be notified by DrummingMad of any additional charges prior to goods being despatched.

• In order to qualify for any promotional goods, full payment must have been received by DrummingMad upon online checkout at the website.

Returns on Promotional Goods

• DrummingMad is not responsible for the incorrect selection of promotional goods by the customer.

• The customer is responsible for defective promotional items and all items should the promotional item require service during warranty periods. It is the customers responsibility to attend to the repair.

Warranty

• DrummingMad is not responsible for any warranty claims supplied on any free gifts under any promotional offer or for any third-party products, goods or services.

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Acceptance of Terms of Trade

Once products and promotional items are ordered by the customer, this constitutes acceptance of this and all agreements.

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

External Sites

While we do endeavour to only link to sites we value and believe our users will also find value in, we are unable to constantly monitor or review the content of third party websites (“External Sites”) which are linked to from this website.

Opinions expressed or material appearing on External Sites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.

Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these external sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.

DrummingMad will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

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Linking to this Site

You may not create a link to any page or content of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out in all DrummingMad Agreements.

(a) By posting, commenting or contributing user content to this website, you hereby represent, warrant, and covenant that:

• You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
• Use of the website in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
• You shall not submit to the Website any User Content that violates our Comments and Posting Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

This Website is based in Australia. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Australia. If you access the Website or the Content from outside of Australia, you do so at your own risk. Whether inside or outside of Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

This Agreement and any action related thereto will be governed by the laws of the State of New South Wales without regard to its conflict of laws provisions.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.