TERMS & CONDITIONS
Website Terms of Use
1. About this Website
(1) This website is published by Maytech Music System Pty Ltd (ACN 168 929 315) trading as Maytech Music
(2) Your use of maytechmusic.com and any of its affiliated websites (“Websites”) is subject to these Terms of Use (“Terms of Use”). If you do not accept the Terms of Use, you must refrain from using the or making a purchase from the Website.
2. Website Content
(1) Maytech Music may, at any time, add or remove content from the Website without notice.
(2) Any articles, information or content published on the Website must be read subject to the Terms of Use.
(3) Although Maytech Music uses its best endeavors to confirm the accuracy of any information published on the Website, you agree that Maytech Music cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Maytech Music or by manufacturers or suppliers changing product specifications without notice to Maytech Music. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(4) The information, materials and services provided on the Website is provided for general information purposes only. It is current at the time of first publication. It is not provided or to be used as legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
3. Your Use of the Website
(1) You agree to use the Website only for purposes that are permitted by the Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
(2) You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) Maytech Music may stop (temporarily or permanently) providing access to the Website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) Maytech Music may in its sole discretion restrict your access to the Website. If Maytech Music does this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. Maytech Music will not be liable to you or any third party for doing so.
(6) Maytech Music reserves the right to cancel any order placed via the Website, and agrees to refund the full payment received from the customer. A credit note will be issued for any tax invoices refunded. Maytech Music reserves this right to cancel any order placed via the Website for any reason, including suspicion of fraud and product pricing errors.
4. Secure Data and Transmissions
(1) Given the nature of the internet, Maytech Music cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions that could damage or interfere with your computer systems and Maytech Music does not warrant that your access to the Website will be uninterrupted, error free or that any defects will be corrected. Whilst Maytech Music and its third parties take precautions to protect information, Maytech Music does not warrant and cannot ensure the security of any content or information you transmit via the Website. You therefore transmit to the Website at your own risk. However, once Maytech Music or its third party receives your transmission, Maytech Music and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the Website, please contact our ‘Customer Care Centre’ immediately.
(2) You must take your own precautions to ensure that the process which you use to access the Website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Maytech Music nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website, any website or any linked website.
5. Cookies
(1) Cookies may be used on the Website to gather data in relation to the Website and you consent to this (although you may be able to disable cookies on your web browser).
6. Privacy Policy
(1) Maytech Music’s Privacy Policy available on the Website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).
7. Disclaimer
(1) Maytech Music makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in the Website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(2) Maytech Music does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, the Website. To the maximum extent permitted by law, Maytech Music disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of the Website or the information that it contains.
(3) The use of the information on the Website is at your own risk. To the extent permitted by law, Maytech Music exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on the Website or provided through the Website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Maytech Music limits their liability to the re-supply of the relevant information or services/product.
(4) You agree to indemnify Maytech Music and other persons involved in the creation of the Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) that may arise out of or relate to your use of the Website, any information that you provide via the Website or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
Terms and Conditions of Sale
1. About the Maytech Music Systems website
(1) Your purchase of goods from maytechmusic.com (the “Website”) is subject to the Terms and Conditions of Sale (“Terms of Sale”) and the Terms of Use, herein referred to in totality as the “Terms”. If you do not accept the Terms, you must refrain from using the Website or making a purchase from the Website.
(2) Maytech Music Systems Pty. Ltd. ACN (trading as Maytech Music) of PO Box 95 Cannon Hill, Queensland (“us”, “our”, “we”, “Maytech Music”), carries on business from the Website.
(3) You and Maytech Music may enter into a sale contract for the sale and supply of products and to purchase goods at the specified price, by you making an offer to Maytech Music via the Website, which is subject to the Terms.
(4) In the Terms:
– “you”, “user”, “member”, and “guest” means anyone who visits and/or uses the Website.
– a reference to a “third party” in the Terms includes a reference to any agent or contractor of Maytech Music, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the Website or in the fulfillment of Orders made through the Website, and includes any of them.
– a reference to the “Website” means Maytech Music.
– “Order” means an offer made by you in response to an product or service manufactured or supplied by Maytech Music via the Website.
2. User Agreement
(1) By accessing and/or using the Website, you accept the Terms and agree to be bound by them, and an agreement is formed between Maytech Music and you.
(2) The Terms may be amended at any time without notice and your access to the Website may be terminated at any time without notice. Your continued use of the Website following such amendment of the Terms will represent an agreement by you to be bound by the Terms as amended. We recommend you review the Terms for amendments each time you use the Website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
(1) You may access and/or use the Website as a guest or as a member.
(2) To become a member of the Website, you must provide your name and address, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the Website or by contacting our ‘Customer Support’.
(3) You will receive an email from us as soon as practicable after you create your membership account.
(4) We only permit one registration per email address.
(5) You must not use another members’ account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the Website and we will email you a new password, or you may contact our ‘Customer Care’.
(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached the Terms
4. Orders
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) You and Maytech Music may enter into a contract for the sale and supply of products by you making an offer via the Website to purchase a product at the price advertised on the Website by:
(i) placing an electronic Order for the products using the Website;
(ii) you confirming the Order details in accordance with the procedure on the Website;
(iii) you making payment in full (plus any applicable delivery charges) on the Website; and
(iv) the acceptance of that offer by Maytech Music.
(3) When entering into a sale contract via the Website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in the Terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in Maytech Music database;
(iii) a record is created and stored in our database; and
(iv) Maytech Music receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(4) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Maytech Music for reasons beyond either parties’ reasonable control including but not limited to electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, Maytech Music is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;
(iii) Maytech Music may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you; and
(iv) Maytech Music may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(5) You will receive an email from Maytech Music as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Care Team.
(6) If your Order is not accepted by Maytech Music, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(7) Maytech Music may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including but not limited to an error in the advertised price for, or description of, the products on the Website, or an error in your Order.
(8) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Maytech Music cannot supply a particular product, Maytech Music will notify you by telephone or email as soon as possible.
(9) Maytech Music will be deemed to have accepted your Order on the first to occur of issue to you by email of an invoice for the sale and the fulfillment of your Order
5. Price
(1) Prices shown are in Australian, US, Pound Sterling & Euro dollars. Prices do not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Maytech Music.
(3) Images of products shown without any advertised price beside that image are not offered for sale.
(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5) We reserve the right to correct any errors published on the Website.
6. Payment
(1) All payments must be made in full prior to delivery.
(2) Payments must be made via the secure payment gateway facilities accessible via the Website and will be subject to any terms and conditions of these providers
7. Supply and Delivery
(1) Subject to you complying with the Terms and acceptance of your Order by us, Maytech Music will sell and supply the products to you as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. Maytech Music will endeavour to deliver your Order to you within fourteen calendar (14) days of the date you placed your Order, except if the Order is for an item already on backorder.
(5) Other than in respect of Orders for regional, remote areas or international locations, if Maytech Music gives you notice that it will be unable to deliver your Order within fourteen (14) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Maytech Music will arrange for a full refund of any payment made by you to be processed.
(6) Delivery times may be greater than fourteen (14) business days for regional remote areas or international Orders.
8. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery out of Maytech Music warehouse or collection, as the case may be.
9. Online and credit card fraud
(1) The Website employs the latest in Secure Sockets Layer (SSL) technology from the Maytech Music secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of Maytech Music, and their related bodies corporate, will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorized manner.
10. Order Enquiries
If you have any query about the progress of your Order please contact the Customer Support Team. Please have your Order number handy as shown on the email confirmation.
11. Damaged or Faulty Products and Refund Policy
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
– (a) rights under the Refund Policy;
– (b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
– (c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please choose carefully as Maytech Music will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(3) If your Order arrives damaged, please contact the Customer Support Team
12. Waiver
The failure by Maytech Music to exercise or enforce any right or provision under the Terms will not constitute a waiver of such right or provision. Any waiver of any provision under the Terms will only be effective if it is in writing and signed by Maytech Music.
