TERMS OF SERVICE
OVERVIEW
This website is operated by Play Around Piano. Throughout the site, the terms “we”, “us” and “our” refer to Play Around Piano. Play Around Piano offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on this site by WooCommerce. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The price of products including the costs of delivery and any other charges is in Australian dollars ($AUD).
The prices may vary from time to time at the sole discretion of Play Around Piano with immediate effect upon posting such changes.
Users may make payment for the selected Products by credit card or Paypal.
Payments must be received by Play Around Piano in full for the order to proceed. If Play Around Piano receives no payment or if payment is denied by the credit card issuer the selected products will not be shipped by Play Around Piano.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Play Around Piano retains title in and ownership of any Product ordered through the Website until payment is received in full.
Risk in the Product such as loss or damage passes from Play Around Piano to the User upon delivery of the Product.
All intellectual property rights are reserved by Play Around Piano and all materials on the Website are the property of Play Around Piano which may be protected by intellectual property laws including laws relating to copyright, trademarks, trade names, internet domain names and other similar rights. Play Around Piano reserves its intellectual property rights in its marketing materials, logos and other brand features.
Products purchased by Users from the Website may only be used for their own personal use. Products may not be resold by the Users for commercial or trade purposes.
Users agree not to use, copy, reproduce or publish any products purchased from the Website, or to use for commercial purposes in any way (except as permitted herein), or to store in retrieval system, alter, transmit in any form or by any means in whole or in part any Product without the written approval of Play Around Piano.
The process for the purchase of Products from the Website by Users is as follows:
- User selects the product from the Website.
- The User proceeds to checkout and pays for the Product by credit card or Paypal. Members may then download the tax invoice/receipt from their account, or alternatively a tax invoice/receipt can be downloaded by Users via the payment confirmation email upon payment to Play Around Piano.
- The approved and manufactured Product will be delivered via Australia Post.
Users accept the following regarding the purchase process:
– Previews of files and images on the Website are unwatermarked and of limited resolution.
– A low-quality image of low resolution may also appear of low quality and the colours may vary when enlarged.
– Play Around Piano is under no obligation to provide Users with a refund or to exchange the product due to a change of mind by the User.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy that can be found here.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The onus is strictly on the User to ensure that prior to purchasing and the installation of the Product, the User is satisfied that the Product is suitable for use or any particular surface without impacting upon the integrity of that surface and that no laws are infringed when the Product is fitted or used.
The User accepts all risk and responsibility for any potential damages, claims and/or loss that may be incurred through the use/or instillation of the Product.
Users must make their own enquiries to assess the suitability of Products prior to selection and/or approval and/or use or installation.
Orders placed by Users are offers to purchase the selected Products pursuant to the Terms of Use and terms and conditions of this Agreement between Play Around Piano and the User.
Play Around Piano reserves the right to reject the User’s offer for any reason Play Around Piano considers to be valid.
Users may only cancel or vary an order after providing approval when Play Around Piano has not commenced processing the order, and in such circumstances Play Around Piano will at its sole discretion determine whether the said process has commenced. Play Around Piano may at its sole discretion also cancel or agree to cancel an order even after the processing of an order has commenced.
Play Around Piano reserves the right to charge a cancellation fee of 20% of the purchase price or $25.00, whichever is the greater amount.
Play Around Piano may cancel or suspend an order at any time, including after payment has been received, in which case a credit or refund will be issued by Play Around Piano to the User within 28 days of cancellation or suspension.
Play Around Piano reserves the right to notify Users that ordered Products have become unavailable, in which case Play Around Piano will provide the User with a credit or refund to the value of the Product not supplied and the applicable delivery charge.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Play Around Piano, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Play Around Piano and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Play Around Piano is not liable for any delay or failure in performing any of its obligations under this Agreement if such delay or failure is caused by circumstances beyond its reasonable control.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW, CONSUMER LAW AND RETURN POLICY
This document and the agreement it represent are governed by the laws of the state of Victoria, Australia and the Commonwealth of Australia. The member irrevocably submits to the exclusive jurisdiction of the courts of the state of Victoria, Australia and the Commonwealth of Australia.
18.2. Any part of this Agreement which is deemed to be void, unlawful or unenforceable will be deemed to be severable from the balance of the Agreement without affecting the validity and enforceability of the remaining provisions.
The Australian Consumer Law (ACL) implies into consumer contracts certain conditions and warranties that cannot be excluded. The ACL provides customers with some guarantees for the goods they buy, including that the goods will be of acceptable quality, meaning that they will be safe to use and are reasonably durable.
In the event of a breach of the conditions and warranties implied by the ACL which amounts to a “major” failure of the Product (as referred to by the ACL), then at the User’s election Play Around Piano will remedy the major failure by providing either a replacement Product (if possible) or a refund to the User.
In the event of a breach of the conditions and warranties implied by the ACL, which does not amount to a “major” failure of the Product, Play Around Piano may on its own election remedy the failure by providing with a replacement Product (if possible) or a refund to the User.
Play Around Piano will replace or refund the price of the Product to the extent required by the ACL if the Product the User receives does not match the sample chosen by the User, or if the Product is unfit for its stated or intended purpose, or if the Product is not of an acceptable quality as defined by the ACL, or if the Product is unsafe.
Any refunds by TCP will be paid by EFT.
The remedies referred to in this clause may only be obtained by the User in circumstances where the User has notified TCP within 7 days of delivery of the goods by email to Play Around Piano, and provides a copy of the Product and a description of the problem for evaluation and assessment by Play Around Piano. Play Around Piano may also require the physical return of a Product to it by the User before taking any action.
No replacement Products or refunds will be provided by Play Around Piano where the measurements supplied by the User are incorrect. Users must note that a small amount of shrinkage may occur and this must be allowed for by Play Around Piano by adding 10mm of extra material at joins which may then be trimmed from the Product when installing.
No replacement Products or refunds will be provided by Play Around Piano where damage occurs during installation.
Play Around Piano does not provide any guarantee that any Product is suitable for any surface or that the Product will not cause any damage to the surface or be damaged during installation. The onus is completely and solely upon the User to test the sustainability of a Product on the chosen surface as all surfaces vary in sustainability.
Play Around Piano does not provide any guarantee regarding the life of the selected Product as this will be determined by location and type of surface upon which the Product is installed, with the exception of the guarantees and warranties require by the ACL.
Play Around Piano will take no responsibility for the suitability of the surface for mounting or removing the Product, or for any damage caused to the Product or the surface during mounting or removing. It is the User’s responsibility to properly prepare the suitable surface prior to mounting the Product.
The removal of the Product from some surfaces may result in causing damage to the surface. Users are advised to sample test a section of the surface prior to final installation to ensure that the surface is suitable.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
