The website www.musicale.com.au is operated by Musicale Pty Limited (ACN 141 242 426) (Musicale). Access to and use of the website is subject to the terms, conditions and disclaimers set out in these terms, and appearing elsewhere on the website including the Privacy Policy. Musicale reserves the right to modify these terms at any time at its discretion.

Use of Musicale

Musicale provides to users space for the publication of content, including images, on the website for the purpose of the user advertising for sale any orchestral stringed musical instrument or related items in accordance with these terms or browsing advertisements placed by other users.

The content on the website is the subject of copyright and is owned or licensed by Musicale. The content is provided for the internal or private use of users. Users agree that, to the extent permitted by law, they will not reproduce, publish, broadcast or distribute the content for any other use without the written permission of Musicale.

Users release Musicale, to the extent permitted by law, from claims regarding publication or use of data, information or content on the website. Musicale will not in any circumstances be accountable for any incidental or consequential losses, loss of profit or loss of business opportunity.

To the extent permitted, Musicale excludes all implied warranties and conditions from these terms. Musicale's liability for breach of any implied warranty or condition that cannot be excluded or for any error in published content caused by Musicale is limited, at the option of Musicale, to either the re-supply of the advertising or payment of the cost of re-supply.

Musicale does not warrant continuous, uninterrupted, secure or virus free access to the website or any of its content. Musicale is not responsible for and will not be liable for any damage or loss suffered by users as a result of their use of the website or a users inability (or the inability of other users) to access any of the content on the website.

Advertising on Musicale

Users are responsible for any content of any advertisement they submit for publication on the website.

For details of the promotion levels available and prices, refer to 'advertising prices and promotion levels'.

All prices on the website (including in advertisements) are in $AUD and inclusive of GST.

Users grant to Musicale a worldwide, royalty free, irrevocable licence to publish, use, reproduce, modify and adapt any content for the purposes of publishing the advertisement on the website.

When submitting content to Musicale for publication on the website, users warrant that:

1. the user is authorised to use the content for the purposes of advertising;
2. the user's use of the content does not infringe any third party rights, including intellectual property rights;
3. the content does not breach any law;
4. the description and any images of the item advertised are accurate and not misleading and any sound recording is a true recording of the item advertised;
5. the user is at least 18 years of age;
6. the user intends to sell and is legally entitled to sell the item being advertised; and
7. the user has the right and authority to grant Musicale the licence referred to above.

If the item being advertised is sold by the user through its business, the user must include its business details in the advertisement, including business name, address and any registration details.

Users agree to notify Musicale upon the sale of the item the subject of the advertisement. The maximum period for which any advertisement will be published is 3 months, unless the advertisement is renewed or as otherwise agreed by Musicale.

Any user may not submit more than one advertisement for publication at the same time for items which are identical or substantially the same.

Musicale reserves the right to refuse to place on or withdraw from the website any advertisement or content for any reason and without giving notice or reasons to the user. Without limitation, Musicale may refuse to publish or withdraw from publication, content that is offensive, inappropriate, inaccurate, misleading or deceptive or defamatory.

Musicale will publish the advertisement under the classification heading which it determines is most appropriate for the item being advertised.

In submitting content to Musicale for publication on the website, users indemnify Musicale, its officers, employees and agents, against all liabilities, losses, claims, damages, costs and penalties suffered or incurred by Musicale arising out of the user's breach of these terms or any negligent or unlawful act or omission of the user.

Buying and selling items listed on Musicale

Musicale is not involved in or a party to any transaction between buyers and sellers of items listed on the website. Musicale simply publishes the information provided by sellers regarding items for sale. Accordingly, Musicale makes no representations, undertakings or warranties (express or implied) regarding the advertisements or the items advertised. Without limiting this statement, Musicale makes no representation, undertakings or warranties regarding:

1. the accuracy, comprehensiveness or currency of information contained in advertisements;
2. the maker, origin or condition of any item advertised for sale on the website;
3. the suitability, quality, safety, merchantability, fitness for any particular purpose or legality of any of the items advertised for sale on the website; or
4. the ability or capacity for sellers or buyers to complete or enforce a transaction regarding an item advertised for sale on the website.

Errors and refunds

Users agree to promptly notify Musicale of any errors in content published on the website.

Musicale will not be responsible for errors in content submitted by the user.

Musicale will not provide refunds to users where:

1. the user has submitted the wrong image to Musicale for publication on the website; or
2. the website or any part thereof is temporarily unavailable to the user or to other users; or
3. the item listed is not sold.

Musicale will only provide refunds at its sole discretion.

General

These terms (together with any written agreement between Musicale and the user) represent the entire agreement between Musicale and the user and cannot be varied except in writing and signed by Musicale and the user.

These terms are governed by the laws in the Australian Capital Territory and each party submits to the non-exclusive jurisdiction of that territory.