Terms and Conditions
Welcome to the Piano Playbox located at https://pianoplaybox.com/ which is owned and operated by Piano Playbox.
Piano Playbox is an online platform that offers a diverse range of music teaching resources for teachers of all levels, ages and abilities.
Piano Playbox reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via Piano Playbox, without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use Piano Playbox.
For the purpose of these Terms & Conditions the following definitions apply:
“Account” means a Piano Playbox account set up by a User.
“Buyer” means a User that has purchased a Resource via Piano Playbox.
“Checkout” means the process outlined in Clause 4.1.
“Data” means any data or information inputted by a User into Piano Playbox.
“Fees” means any and all shipping, transaction and/or other applicable charges which may apply to a Sale, excluding the Purchase Price.
“Guest” means a User that has purchased a Resource via Piano Playbox as a guest without an Account.
“Listing” means the listing on Piano Playbox that offers a Resource for purchase.
“Payment” means the amount payable to Piano Playbox for the purchase of a Resource, including any Fees which may apply to a Sale.
“Purchase Price” means the amount offered by Piano Playbox, as represented in the Listing, for a Resource.
“Refund Period” means fourteen (14) days after the day of a Sale.
“Resource” means music teaching products, services and/or merchandise, including but not limited to electronically delivered files, digital and/or physical sheet music, software programs, PDFs and/or other digital or physical goods that are made available via a Listing.
“Seller” means Users who have listed the Resource for purchase via Piano Playbox.
“Sale” means the completed transaction between a Buyer and Piano Playbox for the purchase of a Resource whereby Piano Playbox has received Payment from the Buyer.
“User” means any user of Piano Playbox.
3. BUYER ACCOUNT
A User may choose to create a Buyer’s Account by completing the account sign up process via Piano Playbox either during checkout or at any time while using the site. The User is solely responsible for maintaining the confidentiality of their Account, password and data and for all activities that occur under their Account.
The Account gives the Account holder access to features including saving personal details and billing address, access to the Buyer’s order history, tracking of new orders, and saving payment details.
4. CHECKOUT, LISTINGS AND RESOURCES
Once the User has selected the Resource they wish to purchase, the User will add the Resource to its cart and proceed to checkout as a Guest or via their Account. The User will be shown the Payment amount that the User must pay to have the Resource made available to them. The User will then proceed to enter its contact and billing details (if checking out as a Guest). The User will then proceed to submit Payment through the applicable payment method.
- A Listing will display;
- a description of the Resource;
- any image necessary to represent the Resource;
- any software and/or other system requirements in using the Resource;
Where a Buyer purchases a Resource that has a promotion and/or discount applied to it, a Buyer will be bound by to the promotion-specific terms in addition to these Terms and Conditions.
Piano Playbox will not be liable for:
- any loss or damage as a result of errors made in Checkout and/or the Purchase Price, Description, Listing or Resource represented to the Buyer; and/or
Payment will be made using WooCommerce Payments via credit card/debit card or Apple Pay. Piano Playbox is not responsible for any payment processed (or not processed) and may offer other methods for Payment from time to time.
If Payment is made via Apple Pay (via Stripe), Payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/apple-pay/legal
Once Payment has been received by Piano Playbox, Resources will be made available to the Buyer through a link displayed after Checkout, via email and/or posted to the Buyer according to the details provided in Checkout (“Delivery”).
- Piano Playbox will not be liable for any:
- delay and/or failure in delivery of a Resource; and/or
- damage or loss to a Resource resulting from the Delivery of a Resource.
7. REFUNDS AND RETURNS
A return and/or refund for a Resource owned by Piano Playbox is subject to Piano Playbox’s Refund and Returns Policy located at https://www.pianoplaybox.com/refund_returns/
8. PRODUCT REVIEW SUBMISSIONS
The Buyer may be invited to submit a review on the Piano Playbox website after the Buyer makes a purchase of a product or service.
A review request will be sent to the Buyer by a third-party (Customer Reviews – cusrev.com) and the reviews collected will be published on the website pianoplaybox.com for the respective product/s purchased. In addition, a third party (Customer Reviews – cusrev.com) may also make your reviews public on their website. Customer Reviews (CR) is a service for businesses that offer a voluntary scheme for verification of reviews submitted by customers. CR acts as an independent third party that invites all verified buyers to review their experience with products and services provided by the businesses.
9. TERMINATION & SUSPENSION
If Piano Playbox determines the Account holder is in breach of this Agreement, Piano Playbox, in its sole discretion and without notice, has the right to limit access, suspend or terminate the Account and refuse any and all current or future use of the Account. Such termination shall not release the Account holder of any obligations existing at the time their Account is terminated. In addition to terminating the Agreement, Piano Playbox will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
The Account holder has the right to terminate or suspend their Account via their Account’s page or by contacting Piano Playbox.
If the Account is terminated, suspended or otherwise limited, Resources that have been purchased but not yet downloaded will no longer be available to Buyers via the Account.
The following sections of these Terms & Conditions will survive termination: Refunds and Returns; Payment; Termination & Suspension; User Warranties; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
10. USER WARRANTIES
- The User warrants to Piano Playbox as follows:
- That all Data uploaded to Piano Playbox is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with Piano Playbox’s privacy, data or computer systems;
- If the User is using Piano Playbox or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organisation, the User represents and warrants that they have the power and authority to bind such person or entity to the terms of this Agreement; and
- That Piano Playbox will not be in any way liable to the User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for loss of money, goodwill, reputation or Data arising from the User’s use of Piano Playbox and/or the Resource.
11. INTELLECTUAL PROPERTY RIGHTS
Except for third party Resources or otherwise stated, all other aspects of Piano Playbox is owned or controlled by Piano Playbox or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content (“Materials”) of Piano Playbox.
No Materials may 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 & Conditions, without the prior written consent of Piano Playbox.
The User hereby indemnifies Piano Playbox its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any breach of this Agreement by the User.
Should Piano Playbox in its sole discretion determine that the User has breached these Terms & Conditions, 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
Piano Playbox is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of Piano Playbox for a particular use, accessibility or warranties that access to or use of Piano Playbox will be uninterrupted or error-free. Piano Playbox does not represent that Piano Playbox will be secure or free of viruses or other harmful material or elements, or that any Materials will be correct, accurate, timely or complete.
Piano Playbox 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 Piano Playbox, including but not limited to any loss or damage arising from the lack of access to any Resource, Listing or Account and/or other Data provided to Piano Playbox and/or the termination or suspension of the Account.
The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Piano Playbox. Piano Playbox reserves its right to assign the provisions of this Agreement at any time.
15. GOVERNING LAW AND JURISDICTION
These Terms & Conditions and the access and use of Piano Playbox shall be governed by and construed in accordance with the laws of New South Wales, Australia. By accessing and using Piano Playbox, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of Piano Playbox shall be subject to the exclusive jurisdiction of the New South Wales Courts in Australia and by accessing and/or using Piano Playbox, the User hereby submit to the jurisdiction of such courts for such purposes.
Users are solely responsible for compliance with any applicable laws of the country from which they access Piano Playbox.
All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated.
17. ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement and understanding between the User and Piano Playbox concerning the subject matter hereof and supersedes all prior agreements and understanding of User and Piano Playbox with respect thereto.
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.
Updated: 2021 December