Any reference to we, us and our in these Terms is a reference to Pro Audio Supplies.
User Rights and Obligations
No Unlawful or Prohibited Use.
As a condition of your use of this website, you warrant to Pro Audio Supplies that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You must not:
1. Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
2. Violate any Applicable Law relating to your use of the Site; or
3. Collect or store personal data about other users of the Site.
Use of the Site is at your own Risk
You use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
Use of Content
The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the content contained on this Website, unless expressly authorised in writing by Pro Audio Supplies. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website that contains a virus or other harmful component.
Warranties & Liabilities
We do not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use of the Website. If your use of the Website or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
Limitation of Liability
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
Third Party/Linked Sites
We have not reviewed all of the sites linked to this Website and are not responsible for the content or accuracy of any off-site pages or any other Websites linked to this Website (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
The information, products, and services published on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein, and Pro Audio Supplies may make changes to the website at any time. Pro Audio Supplies makes no representations about the suitability of the information, products, and services contained in the website for any purpose. All such information, products and services are provided "as is" without warranty of any kind.
Pro Audio Supplies hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Pro Audio Supplies be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Pro Audio Supplies has been advised of the possibility of damages.
Products and Services
The terms "Product" means the products or services advertised for sale on the Website; "Website" means the website owned by Pro Audio Supplies; "You" and "your" are references to persons purchasing Product.
By ordering a Product from this Website you expressly agree to be bound by these Purchase Terms and Conditions. This agreement ("Agreement") is between you and Pro Audio Supplies.
Placing an order
The prices on the Website and any other information in respect of a Product is not an offer to sell but is an invitation to treat only, and is subject to the availability of the Product, which may change from time to time. You may offer to purchase goods by completing the order form and submitting it with your credit card details for the price of the product. Your order must contain all ordering information specified on the order form.
You may not cancel an order once it is submitted, even if our acceptance or rejection of your offer is still pending. Pro Audio Supplies reserves the right to accept or reject in its absolute discretion any orders which may be received by it for any reason including, without limitation, the unavailability of any Product, an error in the price or the Product description on the Order Page, or an error in an order made by you. Pro Audio Supplies is not required to give reasons for rejecting your offer to purchase.
Pro Audio Supplies will refund your payment should your offer be rejected. If Pro Audio Supplies rejects your offer to purchase the goods for any reason, neither it nor you will be under any further liability to the other arising out of your original offer or its non-acceptance of that offer.
Pro Audio Supplies gives no undertaking as to the availability of Product advertised on this Website and the prices shown are subject to alteration without notice. The prices at which the Product is sold are inclusive of any goods and services tax imposed under Australian law ("GST").
Payment, Receipts & Delivery
Payment for Product sold by Pro Audio Supplies to you must be tendered at the time of placing an Order by enclosing credit card details for the price of the Product ordered with the Order and submitting it to Pro Audio Supplies. Pro Audio Supplies accepts the order by you to purchase a particular Product for the price when the bank or other financial institution in which Pro Audio Supplies deposited it clears your credit card payment.
Upon acceptance of your order, delivery will be affected to the address nominated by you. Pro Audio Supplies is not liable for any delay in delivery.
Description of Product
Descriptions of Products on this Website are descriptive only. Actual finished Product delivered to you may be subject to minor variations.
Risk and Title
Pro Audio Supplies retains title to a Product until the Product is delivered. Title and risk in the Product will pass on shipping of the Product to you.
Exclusions and Limitations
All statutory and implied conditions and warranties are excluded to the extent permitted by law. To the extent permitted by law, the liability of Pro Audio Supplies under any condition or warranty which cannot legally be excluded (including those under the Australian Consumer Law) is limited to the replacement or repair of the Product or supply of equivalent Product; or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product.
You acknowledge that you do not rely and it is unreasonable for you to rely on the skill or judgment of Pro Audio Supplies as to whether the Product supplied is reasonably fit for any purpose for which it is being acquired.
Except to the extent expressly provided for in this Agreement, Pro Audio Supplies has no liability (including liability in negligence) for any loss or damage consequential or otherwise suffered or incurred in connection with the Product provided by Pro Audio Supplies, including but not limited to any loss or damage consequential or otherwise suffered or incurred and caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Product.
You indemnify Pro Audio Supplies regardless of any negligence on its part, against all losses, liabilities, legal costs and other expenses incurred by Pro Audio Supplies arising directly or indirectly as a result of or in connection with the breach by you of any provision of this Agreement or any wilful, unlawful or negligent act by you in connection with the supply by Pro Audio Supplies to you of, or use by you of, any Product.
Notices and Claims
Any warranty or other claims by you under this Agreement are as well as any questions you may have in connection with this Agreement should be emailed or sent to Pro Audio Supplies at the address set out on the Website.
Governing Law and Jurisdiction
The laws of the Australian Capital Territory, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and the Federal Court of Australia.
Modification of These Terms and Conditions
Pro Audio Supplies reserves the right to change the terms, conditions, and notices under which this website is offered. You agree that no relationship exists between you and Pro Audio Supplies as a result of this agreement or use of the website.
Any rights not expressly granted herein are reserved.
Correspondence should be emailed to email@example.com
Pro Audio Supplies collects personal information in order to provide personalised product and information services.
The personal information you provide to Pro Audio Supplies will enable us to make offers of products and services to you. The type of personal information we collect may include your name, address, telephone numbers, e-mail address, what you buy, when you buy, information on how you use our products and services and how much you spend, information on your browsing activity when visiting one of our web pages, and personal preferences regarding musical instruments and/or accessories.
This information helps us develop and make available products to suit your needs.
The personal information you provide Pro Audio Supplies may be collected, used and disclosed for a number of purposes connected with our business operations, which include:
· Processing your orders or applications;
· Providing you with products and/or services requested;
· Billing you and/or administering your account;
· Dealing with requests, enquiries or complaints and other customer service activities;
· Carrying out market and product analysis and marketing products and services;
· Registering your details and allocating or offering you rewards, discounts and/or other benefits and fulfilling any requests or requirements you may have in respect of our loyalty or reward programmes and other similar schemes;
· Purposes relating to any third party acquisition or potential acquisition of an interest in Pro Audio Supplies or its assets; and
· Carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.
We may also use your personal information for purposes related to those described above which would be reasonably expected by you. For example, we may use your personal information to keep you informed about features of our products and services or to conduct analysis in order to provide better customer service. To opt-out of receiving certain Pro Audio Supplies marketing materials, you will need to unsubscribe. To do this please send us and email with "unsubscribe" in the Subject Field to firstname.lastname@example.org, or call us on 02 6249 7766.
Please note that if you have an account with Pro Audio Supplies, we will still need to send you essential information about your account.
Sharing your Personal Information
Pro Audio Supplies may disclose or receive personal information or documents about you to/from:
· Parties involved in any third party acquisition or potential acquisition of an interest in Pro Audio Supplies or its assets;
· Our service providers who assist us in providing our services, including organisations that assist us with archival, research, mail and delivery, auditing, consulting, financial and legal advisory, banking, security or technology services;
· Law enforcement agencies to assist in the prevention of criminal activities;
Security of your Personal Information
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.
How to Access your Personal Information
Upon your request, Pro Audio Supplies will take reasonable steps to let you know, generally, what sort of personal information we hold, for what purposes and how we collect, use and disclose that information.
Upon your request, Pro Audio Supplies will provide access to your personal information we hold, except in certain prescribed circumstances, including emergency situations, specified business imperatives and law enforcement or other public interests.
Many of our products come with a guarantee or warranty from the manufacturer. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerlaw.gov.au.