Terms of service
MAJOR TONES – WEBSITE TERMS OF USE
1. INTRODUCTION
1. Welcome to the Major Tones website located at www.majortones.com (“Website”) which is owned and operated by Major Tones Pty Ltd (ACN 686 522 261) (“Company”, “Us”, “We”, “Our”).
2. Please read these Terms of Use carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms of Use and our Privacy Policy located at [insert link]. These Terms of Use constitute a legally binding agreement between you and the Company (“Agreement”).
3. The Website makes available for sale music trivia game products (“Products”).
4. The Company reserves the right at any time to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Products available via the Website, without giving prior notice to its Users. It is your responsibility to periodically review the Terms of Use each time you use the Website to be aware of such revisions.
2. PRODUCTS
2.1 When you view a listing for a Product via the Website, the listing shall include the price of that Product (“Product Price”), a description of that Product and any other relevant information with respect to that Product. You agree that any visual representation of a Product contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Product.
2.2 The Company will use its best efforts to maintain stock for its Products, however the Company makes no guarantee that any Products offered for sale via the Website shall be available.
2.3 The Company reserves the right at any time to modify or discontinue its Products and/or to change the information (including the Product Price) contained on the Website at any time without providing notice to you.
3. ORDERS FOR PRODUCTS
3.1 Once you select a Product you wish to order, you may either proceed to checkout as a guest or by logging into your Shopify or Google Pay account (“Order”).
3.2 In order to place the Order, you must complete the “Check Out” process whereby you must:
(a) pay the Company the fees applicable to that Order, including but not limited to the Product Price and any shipping, transaction and/or other applicable charges which may apply to that Order (“Fees”);
(b) where applicable, enter and confirm your contact and shipping details; and
(c) select your preferred delivery option.
3.3 Once you complete the Check Out process, you will receive a confirmation by email of your Order (“Order Confirmation”). This Order Confirmation is an acknowledgement of your Order and will not constitute the Company’s acceptance of your Order.
3.4 Should the Company, in its sole discretion, accept your Order, the Company shall send you an email confirming that your Order has been dispatched, subject to Clause 5.1 (“Order Acceptance”).
4. PAYMENT
4.1 All Fees payable to the Company must be made via payment methods listed on the Website. The Company is not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.
4.2 All Fees are processed via third party payment merchants and are subject to their terms and conditions and privacy policy, which you must agree to at the time of payment.
4.3 In the event that the Company does not receive payment of the Fees in full, the Company has the right, in its sole discretion, to cancel all or part of the Order.
4.4 Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at Check Out.
5. DELIVERY
5.1. If the Company accepts an Order made by you and all Fees have been received in full by the Company, the Order shall be dispatched for delivery in accordance with the shipping details provided by you at Check Out (“Delivery”).
5.2 Delivery is subject to the Company’s shipping and delivery terms located at [insert link].
5.3 The Company will use its reasonable efforts to meet the expected Delivery date, however, to the fullest extent permitted by law, the Company will not be liable for any loss or damage arising from any delayed Delivery and does not guarantee Delivery timeframes.
5.4 Upon Delivery to the address set out in your shipping details, all risk in the Delivered Product(s) passes to you. For the avoidance of doubt, the Company shall not be liable to you for any loss, damage or destruction of any Product once that Product has been Delivered.
6. CANCELLATIONS
6.1 Until such time that you receive an Order Acceptance:
(a) you may make a request to the Company to cancel an Order, and the Company may, in its sole discretion, accept such request; or
(b) the Company may, in its sole discretion, cancel an Order for any reason, including but not limited to the unavailability of a Product or errors on the Website.
6.2 If an Order is cancelled under this Clause 6, the Company will notify you and, if applicable, return any Fees paid by you via the original payment method used in Check Out. The Company makes no guarantee that any Product with respect to a cancelled Order will be available at a later date.
7. REFUNDS & RETURNS
7.1 All refunds and returns are subject to the Company’s returns terms found here: [Insert Link]
7.2 You may make a request to the Company for a return of a Product if you:
(a) change your mind within thirty (30) days of receiving the Product, subject to the Product being unused, unopened and in its saleable condition, with original packaging intact; or
(b) receive a defective Product.
7.3 To the fullest extent permitted by law, a Product will not be considered defective under Clause 7.2(b) if the Product is of an unacceptable quality due to fair wear and tear, misuse, failure to follow any instructions of use, using it in an abnormal manner or failure to take reasonable care.
7.4 If the return request is accepted, the Company will either exchange the Product or return the (full or partial) Product Price paid by you via the original payment method used in Check Out, subject (if applicable) to the return of the Product in its original condition at your expense.
7.5 If the Product is not returned in the condition set out in Clause 7.2(a) and/or you otherwise have no remedy under the Australian Consumer Law, the Company will either dispose of the Product or return the Product to you at your expense.
8. TERMINATION & SUSPENSION
8.1 If the Company determines that you are in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to refuse or limit any and all current or future use by you of the Website. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
8.2 If your use of the Website is terminated, suspended or otherwise limited, any Orders placed but not yet dispatched shall be cancelled.
8.3 The following sections of these Terms of Use will survive termination: Delivery; Refunds & Returns; Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trademarks (registered and unregistered), text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Company Materials”).
9.2 All rights are reserved. The Company Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of the Company.
9.3 The Company is the sole owner of all intellectual property in its Products and you must not copy, reproduce or adopt the designs embodied in any Products for any use, including but not limited to developing your own products or for any other purpose outside of this Agreement.
10. USER CONDUCT
10.1 As a User, you must not (and must not allow any third party to):
(a) use the Website in any manner that could damage, disable, overburden, or impair the Website;
(b) attempt to gain unauthorised access to any parts of the Website;
(c) interfere or attempt to interfere with the proper working of the Website software;
(d) use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Company;
(e) analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or
(f) transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.
10.2 The Website, to the extent applicable, is only available for your personal use and is not to be used for any business or commercial purpose. You will not use the Website or the Products for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
10.3 The Company reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Website.
10.4 The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Website, for its internal business and marketing purposes.
11. USER WARRANTIES
11.1 As a User, you warrant to the Company as follows:
(a) that all data uploaded to the Website is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with the Company’s privacy, data or computer systems;
(b) if you are using the Website or agreeing to these Terms of Use on behalf of another person or entity, including but not limited to a company or other organisation, you represent and warrant that you have the power and authority to bind such person or entity to the terms of this Agreement; and
(c) to the fullest extent permitted by law (including Australian Consumer Law), the Company will not be in any way liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to the loss of money, goodwill, reputation or data arising from your use of the Website and/or any of its Products.
12. INDEMNITY
12.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its officers, directors, employees and agents, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees) suffered or which may be incurred by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.
12.2 Should the Company, in its sole discretion, determine that you have breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
13. NO WARRANTIES AND LIMITATION OF LIABILITY
13.1 To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an "as is" basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials will be correct, accurate, timely or complete.
13.2 The Company may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites. By using the Website, you expressly release the Company from any and all liability arising from your use of such third-party websites and/or applications.
13.3 To the fullest extent permitted by law (including the Australian Consumer Law), the Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Products, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to the Company and/or any modification or discontinuance of any Products.
14. ASSIGNMENT
14.1 You acknowledge that this Agreement is personal to you and it cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms of Use and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these Terms of Use or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.
15.2 You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.
16. ENTIRE AGREEMENT
16.1 This Agreement shall constitute the entire agreement and understanding between the you and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of you and the Company with respect thereto.
16.2 By using this Website, you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
16.3 If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.