Ebenex Pte Ltd / Ebenex Pty Ltd (Ebenex Music) grants you the right to use the Ebenex Music web site, www.ebenex.com (the Site) subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
Subject to these Terms of Use, Ebenex Music grants you a limited, royalty-free license to view the materials contained on the Site and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the materials from the Ebenex Music server. You are not granted any right to use Ebenex Music trademarks and logos (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Ebenex Music.
Ebenex Music reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Ebenex Music will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
By submitting your name, e-mail address, and any other personal information to Ebenex Music, you hereby grant Ebenex Music, subject to the Ebenex Music Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Ebenex Music products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.
All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Ebenex Music through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Ebenex Music. Unless otherwise specified in our Privacy Policy, Ebenex Music will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Ebenex Music services or operations. Without limitation, Ebenex Music will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Ebenex Music, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
Our Site may only be used for lawful purposes. Ebenex Music specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
Because prices, product descriptions and availability can change quickly, Ebenex Music does not warrant the accuracy or completeness of the information provided on the Site. Also, Ebenex Music may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Ebenex Music or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Ebenex Music and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return policy. Discounts are limited-time offers and are not valid with other offers.
Some products, including those identified as Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.
Limitation of Liability
IN NO EVENT SHALL EBENEX MUSIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EBENEX MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. EBENEX MUSIC'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EBENEX MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Amendment
Ebenex Music may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Purchase Terms and Conditions
Other than as specifically provided in any separate formal purchase agreement between you and Ebenex Music, these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at www.ebenex.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Ebenex Music.
Acceptance
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon Ebenex Music until accepted by Ebenex Music. We reserve the right to refuse service to anyone. Ebenex Music will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
Payment
Payment is to be made within 5 working days. Payment methods accepted include: Paypal, Australia/Singapore bank deposit, Australian money order/cheques.
Please note that Inter-bank transfers can take up to 2 working days before payment shows up on our online banking statement. Intra-bank transfers should take up to 24 hours. Please include your name as payment description to facilitate the processing of your order(s).
All Australian money orders/cheques are to be made payable to Ebenex Pty Ltd and posted to our regional office in Perth, Western Australia.
A payment notification email will be sent when payment has been located and/or when your item has been scheduled to be sent.
Shipping
Estimated delivery time is about 3 - 7 working days (regular/registered). Ebenex Music is not responsible for postal service transit time/delays.
Ebenex Music will not be responsible for any incoming Customs duties or taxes. Please consult yout local Customs for further claification on current rates of duties or taxes.
Corporate customers are encourages to contact us before making your purchase(s).
Returns
Ebenex Music offers a 1 year limited warranty on all electronic products. This policy does not apply to consumables such as guitar strings. Items that are found to be tampered with will be sent back to the buyer. Ebenex Music is not responsible for any postal loss or damage to items that are not adequately insured.
Any functionally defective electronic products are to be returned to out regional office in Perth, Western Austrlia or our shop in Singapore in their original condition (complete with box and manual, where applicable) within 7 days of receival.
All relevant postage cost to send the product by registered mail will be borne by the buyer. Ebenex Music will cover the cost of return postage back to buyer once repair or replacement has taken place.
After 7 days of item receival, standard warranty terms and conditions apply. The same postage conditions apply for all warranty claims.
COPYRIGHT (C) EBENEX PTE LTD. ALL RIGHTS RESERVED
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